CM has ‘robust’ legal advice to contest inquiry findings on him, Feetham says 

The Chief Minister has received “robust” legal advice from Sir Peter Caruana on the findings against him in the McGrail Inquiry report and has a constitutional right challenge them, Nigel Feetham, the Minister for Justice, said last week. 

Speaking during a discussion with GSD MP Damon Bossino on GBC’s Viewpoint, Mr Feetham said the Chief Minister had a constitutional right to protect his reputation, adding he enjoyed the unanimous support of his ministerial colleagues. 

Questioned by GBC’s Ros Astengo, Mr Feetham acknowledged the report “makes uncomfortable reading” but added “it cuts in every direction”. 

He said Sir Peter Openshaw had found there was “no corruption, no conspiracy” as had been alleged ahead of the Inquiry. 

And while the Sir Peter Openshaw found that Chief Minister Fabian Picardo had attempted “grossly improper” interference in a police investigation, Mr Feetham said those findings had been “categorically disputed” by Mr Picardo. The Inquiry chairman also found there was no actual interference in the police investigation. 

The Minister for Justice said the legal advice obtained by Mr Picardo supported that position. 

“The advice is robust and therefore, in my view, the Chief Minister should challenge those findings in the reports that you are suggesting make uncomfortable reading for him,” Mr Feetham said. 

“It's important to respect his constitutional right to do so.” 

“In other words, it is a fundamental pillar of our constitution that any person that has an adverse judicial finding against him has a right to appeal.” 

And he added: “Sir Peter Openshaw has made findings which the Chief Minister disputes as not being the correct interpretation of the evidence before him.” 

Mr Feetham said he was not criticising the Inquiry chairman but simply underlining that it was “inherent” to the judicial system that findings could be challenged and potentially overturned. 

For Mr Bossino, the minister’s position was “shocking” and “Alice in Wonderland stuff” given the report’s findings on the Chief Minister. 

“This is an individual who currently espouses and carries out the role of Chief Minister who has been found not just wanting, he has been found seriously wanting,” he said. 

And he later added: “This is actually something very and extremely fundamental because the way that Sir Peter Openshaw pitched his criticisms of Fabian Picardo as Chief Minister are very, very serious.” 

Mr Bossino said the taxpayer had already paid over £8m for the McGrail Inquiry and, reflecting the Opposition’s previously stated stance on this, questioned who would be paying for any further legal challenge should it go ahead. 

The Opposition believes any challenge should be funded by Mr Picardo himself, a position the Government rejects. 

Mr Bossino said the report’s findings on the Chief Minister could not just be dismissed as one person’s opinion. 

“[Sir Peter Openshaw] is a respected retired High Court judge of the United Kingdom, in respect of whose inquiry we have paid £8m,” he said. 

Mr Bossino said it was “very sad” that the Chief Minister had not resigned on the day the report was published. 

And he added that, given the Chief Minister had no plans not to step down from his post over the report’ s findings, Mr Feetham and his ministerial colleagues should do so instead, rather than continuing to support Mr Picardo. 

“He needs to own this,” Mr Bossino said.  

“He should be resigning and they should not be supporting this gentleman.” 

Mr Feetham insisted that that Mr Picardo had a right to challenge the findings and this must be respected. 

“My clear position is that if I took an oath to uphold the rule of law, a fundamental pillar of the rule of law is to allow somebody to appeal adverse findings against him, because if you do not do so, you're in breach of his constitutional right to do it,” the Justice Minister said. 

“Every person has a constitutional right to protect his reputation, and clearly this is very damaging to the Chief Minister's reputation.” 

“He has made it very clear that he was in the process of obtaining legal advice.” 

“I say that the advice has already been obtained and that therefore I think that this will be challenged in a court of law.” 

“And we've got to allow the Chief Minister to go through the necessary legal process.” 

Mr Feetham accused the GSD of a “transparent and political” attempt to undermine the Government, insisting the Chief Minister had the unanimous support of the Cabinet and that no minister would be resigning over this.