Public inquiry

(1) Where it appears to the Governor that it is expedient to hold a public inquiry into the causes and circumstances of an accident to which these Regulations apply, he may direct that a public inquiry be held by a Commissioner appointed by him, and in any such case any investigation being carried out by an Inspector of Accidents relating to the accident shall be discontinued. (2) The Commissioner (hereinafter called “the Court”) shall be an Attorney-at-Law of the Supreme Court of Belize of not less than ten years standing in either case. (3) The Court shall be assisted by not less than two Assessors possessing aeronautical, engineering or other special skill or knowledge, one of whom may be an Inspector of Accidents. (4) The Assessors shall be appointed by the Governor. (5) Where the Governor has directed a public inquiry to be held, he shall remit the case to the Attorney General, and thereafter the preparation and presentation of the case shall be presented under the direction of the Attorney General. (6) The Inspector of Accidents shall render such assistance to the Court and to the Attorney General as is in his power and Civil Aviation 267 for that purpose shall have the powers conferred by paragraph (1) of regulation 7 of these Regulations on an Inspector of Accidents with respect to an investigation conducted by him. (7) Every public inquiry held under these Regulations shall be conducted in such manner, that, if a charge is made against any person, that person shall have an opportunity of making a defence. (8) When a public inquiry has been ordered the Attorney General may cause a notice, to be called a notice of inquiry, to be served upon the owner, operator, hirer and person in command of any aircraft involved in the accident, as well as upon any person who, in his opinion, ought to be served with such notice. (9) The notice shall contain a statement of the questions which on the information then in the possession of the Attorney General he intends to raise on the hearing of the inquiry, and the Attorney General may, at any time before the hearing of the inquiry, by a subsequent notice amend, add to, or omit any of the questions specified in the notice of inquiry. (10) The Attorney General, the owner, the operator, the hirer, the person in command and any other person upon whom a notice of inquiry has been served, shall be deemed to be parties to the proceedings. (11) The Court shall have, for the purposes of the inquiry, all the powers of a court of summary jurisdiction, and without prejudice to those powers, the Court may – (a) enter and inspect, or authorise any person to enter and inspect, any place or building entry or inspection whereof appears to the Court requisite for the purposes of the inquiry; (b) by summons require the attendance as witnesses of all such persons as the Court 268 Civil Aviation thinks fit to call and examine, and require such persons to answer any questions or furnish any information or produce any books, papers, documents and articles which the Court may consider relevant; (c) administer the oath to any such witness, or require any such witness to make and sign a declaration of the truth of the statements made by him in his examination. (12) The Assessors shall have the same powers of entry and inspection as the Court. (13) Affidavits and statutory declarations may, by permission of the Court and saving all just exceptions, be used as evidence at the hearing. (14) At the time and place appointed for holding the inquiry the Court may proceed with the inquiry whether the parties, upon whom a notice of inquiry has been served, or any of them are present or not. (15) The Court shall hold the inquiry in open court save to the extent to which the Court is of opinion that in the interest of justice or in the public interest any part of the evidence, or any argument relating thereto, should be heard in camera. (16) The proceedings on the inquiry shall commence with the production and examination of witnesses on behalf of the Attorney General. (17) These witnesses, after being examined on behalf of the Attorney General may be cross-examined by the parties in such order as the Court may direct, and may then be re-examined on behalf of the Attorney General. (18) Questions asked and documents tendered as evidence in the course of the examination of these witnesses shall not be Civil Aviation 269 open to objection merely on ground that they do or may raise questions which are not the contained in or which vary from the questions specified in the notice of inquiry or subsequent notices referred to in paragraph (9) of this regulation. (19) When the examination of the witnesses produced on behalf of the Attorney General has been concluded, the Attorney General shall state the questions in reference to the accident and the conduct of persons connected with the accident upon which the opinion of the Court is desired. (20) In framing the questions for the opinion of the Court, the Attorney General shall make such modifications in, additions to or omissions from the questions in the notice of inquiry or subsequent notices referred to in paragraph (9) of this regulation, as, having regard to the evidence which has been given, the Attorney General or the Court may think fit. (21) After the questions for the opinion of the Court have been stated, the Court shall proceed to hear the parties to the proceedings and determine the questions so stated. (22) Each party to the proceedings shall be entitled to address the Court and produce witnesses or recall any of the witnesses who have already been examined for further examination and generally adduce evidence. (23) The parties shall be heard and their witnesses examined, cross examined and re-examined in such order as the Court shall direct. (24) Further witnesses may also be produced and examined on behalf of the Attorney General and may be cross-examined by the parties and re-examined on behalf of the Attorney General. (25) When the whole of the evidence in relation to the questions for the opinion of the Court has been concluded any of the parties who desires so to do may address the Court upon 270 Civil Aviation the evidence and the Court may be addressed in reply upon the whole case on behalf of the Attorney General. (26) The Court may adjourn the inquiry from time to time and from place to place, and where an adjournment is asked for by any party to the inquiry, the Court may impose such terms as to payment of costs or otherwise as it may think just as a condition of granting the adjournment. (27) The Court shall make a report to the Governor stating fully the circumstances of the case and the opinion of the Court touching the causes of the accident and adding any observations and recommendations which the Court thinks fit to make with a view to the preservation of life and the avoidance of similar accidents in the future, including a recommendation for the cancellation, suspension or endorsement of any licence, certificate or other document. (28) Each Assessor shall either sign the report with or without reservations, or state in writing his dissent therefrom and his reasons for such dissent, and such reservations or dissent and reasons (if any) shall be forwarded to the Governor with the (29) The Governor shall, unless there are good reasons to the contrary, cause any such report and reservations or dissent and reasons (if any) to be made public wholly or in part in such manner as he thinks fit. (30) Every person attending as a witness before the Court shall be allowed such expenses as may have been allowed to him if he were a witness.at any legal proceeding, provided that, in the case of any party to the proceedings or any person in the employment of such a party, any such expenses may be disallowed if the Court, in its discretion, so directs. Civil Aviation 271 (31) The Court may order the costs and expenses of the inquiry, or any part thereof, to be paid by any party, if it finds that the accident was due to the act or default or negligence of that party or of any person in the employment of that party; and any such order shall, on the application of any person entitled to the benefit thereof, be enforced by a court of summary jurisdiction as if the costs and expenses were a fine imposed by that court, but, subject to any such order, such costs and expenses shall be defrayed from general revenue. (32) Any notice, summons or other document issued under this regulation, may be served by sending the same by registered post to the last known address of the person to be served. (33) The service of any notice, summons or other document may be proved by the oath or affidavit of the person by whom it was served. (34) The Commissioner and Assessors appointed under this regulation may be paid such remuneration and allowances (if any) as the Cabinet may direct.