He was questioned as to whether any Committee performing the Function of
receiving Visitors must work with the Secretary to the State Government,
and he answered that the Secretary to the State Government would
definitely be part of that Committee, but the Governor could assign anybody
to receive the Visitors.
He confirmed when asked, that the Secretary to the State Government is
Senior to the Permanent Secretary, and agreed that Mr. Nev could not have
coordinated and chaired a Committee in which the Secretary to the State
Government is a Member. However, he stated that in this peculiar Case, the
Secretary to the State Government was not a Member but Chairman of the
Committees, coordinated by the Permanent Secretary, Mr. Nev.
Now, as much as the Defendant as Governor could assign any Individual or
Officer to receive the President, the simple fact remains that he cannot
assign outside the Rules and Regulations under which he is to govern. If
the normal process in play was through the Office of the Secretary to the
State Government, he could not go outside that Procedure.
The Defendant appeared to flip when he initially stated that Mr. Nev handled
the Committees and when he later ascribed Chairmanship to the Secretary to
the State Government. This is also irreconcilable with his earlier Statement
that he could appoint anyone. So, the Question remains, if he could appoint
any Official, why then turn around to say that the Secretary to the State
Government chaired the Committee?
Assuming Mr. Dennis Nev was to setup the Committees, he had no power to
appoint the Secretary to the State Government as Chairman of the
Committees. If Mr. Nev denied setting up any Committee in regard to this
Visit, it only means that it is either the Secretary to the State Government
that set up these Committees or the Defendant as Governor, himself. It is
clear that a Committee or Committees cannot by itself, spring up, convene
itself and carry out functions without any Specific Order or Direction.
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