A stale mate, that's how the actions of the Novelo brothers against the Commission of Inquiry's forensic audit can be classified. Today Chief Justice Abdulai Conteh gave judgment on the Novelo's request to have the Supreme Court declare the Mark Hulse report null and void. The brothers through their attorney Elson Kaseke submitted that Hulse's appointment was illegal, because of that the report be declared illegal. The third ground being that in compiling the report Hulse denied the brothers natural justice. In his ruling Conteh denied the Novelo's their claim that the Hulse report be declared null and void. He however did rule that Hulse denied them natural justice. However that's neither here nor there since the Hulse report is just a part of the work of the Commission of Inquiry the Hulse report itself cannot be declared null and void. We spoke to all parties after they exited the courtroom this afternoon.
Lois Young Barrow, Attorney for Mark Hulse
"Good victory for Mark and a nice message for the Commission of Inquiry that the Chief Justice has said that the report, the final report is not in
yet and that if the Novelo's do not want to testify before the Commission of Inquiry, then they can take the consequences of not doing so."
Janelle Chanona, News 5
"Does your client concede that maybe you should have asked the Novelo's to put in their two cents in your investigation?
Mark Hulse, Forensic Accountant
"Well as the Chief Justice said perhaps maybe I should have done that. I still don't think that my investigation of the DFC did not necessarily involve questioning a client of the DFC. Moreover, the Commissioners, as the Chief Justice said, has the last say. They are the ones who will do the questioning on what I report to them. It is up to the Novelos to answer to the Commission."
Elson Kaseke, Attorney for Novelo Brothers
"I have to read the judgment. As you know, we were all in court and I just heard it as the Chief Justice was reading it so I have to read it carefully. There are several options. I am not excluding the option of appealing but I have to sit down and consider all the options and advise my clients.
It came out specifically and the judge said that there was an error because he did not exercise the rules of fairness. The fundamental question then is whether you can be denied fairness in one forum, and you have to appeal to another forum, to get fairness, whether that in itself is fair. So there are issues, complex issues which are raising as we go along and I think we are all going to see this progress and spiral maybe way out of hand. Much obliged."
Alfonso Noble,
"So the legal battles continue Mr. Kaseke?"
Elson Kaseke,
"I act on instructions and I am going to confer with my clients right now. If I am given instructions to appeal, I will definitely comply."
David Novelo,
"Today we feel that the Novelo family got a victory in the court. Yes we did not get everything that we expected."
Alfonso Noble,
"If re-summoned again will you testify?"
[Elson Kaseke Interrupting Response]
Elson Kaseke,
"As I said, they will take legal advice before they can answer some of those questions."
In closing his ruling Conteh noted that while the brothers have been denied natural justice it is up to them to decide whether this will continue to be the case as it is now in their power to appear or not before the Commission of Inquiry.
