A Commission of Inquiry set up to investigate land grabs acted illegally when it changed its own terms of reference,…
Case date 2022-05-08
Case type Public Law
Practice area Commissions of Inquiry
Representation of the Commission of Inquiry into Historic Land Losses in Bermuda in the Supreme Court of Bermuda. This first in a series of four separate but related cases before the Supreme Court involved the test for leave in an application for judicial review challenging decisions made by the Commission of Inquiry, interpretation of the terms of reference issued to the Commission by the Premier of Bermuda; interpretation by the Commission of its own procedural rules for the conduct of the inquiry and holding portions of the inquiry in camera. Whether on an application for judicial review, the Commission could be ordered to call specific witnesses and disclose documents.
The Court found that the Commission had the power to regulate its proceedings holding portions of the proceedings in camera. The Court refused to grant the Applicant’s application to call witnesses and refused to order the disclosure of documents in the possession of parties not involved in the proceedings. The Court also found that the Commission misdirected itself in interpreting the terms of reference. The Commission has appealed this decision. View case update