481 / 494
480
15.12.
Accordingly,
we recommend
the establishment of a
Compensation Committee with two broad mandates:
(i) To investigate and determine claims for compensation for
loss and damage to property and business. Since there
already exists in the possession of the MoLSS and OPD, a
substantial body of relevant and useful documentation
relating to loss and damage of property, we do not envisage
that this recommendation will involve a protracted exercise.
(ii) On completion of this exercise, the Compensation
Committee should investigate and determine the quantum of
compensation payable to injured persons and to the
personal representatives of deceased persons without
prejudice to the investigations of INDECOM.
15.13.
We have been assured by the Public Defender, Mrs. Arlene
Harrison-Henry, that the OPD is ready, willing and able to assist in the swift
dispatch of (i) and (ii) above. We respectfully
further recommend
that the
Compensation Committee be chaired by a retired judge or senior attorney-at-
law, expert and experienced in the assessment of compensation for personal
injuries and death, and the Committee should be directed to complete its work
within 9 months.
4.
WAIVER OF LIMITATION PERIOD
15.14.
It has been represented to us that formal legal claims against the
State for compensation in matters of the kind referred to at para.15.12 above,
will be barred after 3 years in some cases of death and 6 years in all other cases.
As a result, it will be too late for persons to institute litigation against the State
for compensation for personal injuries, death and loss and damage to property.