Ewart Brown will not have to answer questions from the witness box at the Commission of Inquiry.

Commission chairman Sir Anthony Evans said the tribunal accepted the claim of the former Premier’s lawyer that he would be “left in some considerable jeopardy if he was placed in the witness box and asked questions”.

Jerome Lynch, QC, made a formal application for the subpoena issued to Dr Brown to be discharged this morning.

He said his client, who was due to appear before the panel tomorrow, was claiming privilege against self-incrimination, as was his “constitutional, statutory and common-law right”.

“He is unique of all the witnesses,” Mr Lynch said. “Firstly, because of his former position as Premier but set against that is the fact that he is a man who, it has been declared, is part of an ongoing investigation by the police.”

Dr Brown has been ordered to appear at the commission to answer questions about six government projects carried out during his time as Minister of Transport and Tourism and as Premier.

They are Port Royal Golf Course, Heritage Wharf pier, Bermuda Emissions Control Limited, GlobalHue, Ambling and the Dame Lois Browne-Evans building.

He was also to have been quizzed on why delegation of accounting responsibilities was passed from the Ministry of Public Works to the Ministry of Tourism.

After a break to consider its decision, Sir Anthony said the panel accepted Dr Brown’s right to claim privilege.

He said the subpoena would be discharged once Dr Brown swore an affidavit asserting that right.

Mr Lynch’s application was adjourned until 11am tomorrow to allow that to take place.

The commission has now concluded today’s proceedings.

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