109.— (1) After consulting with the Ombudsman Commission, the Minister may request the Chief Justice to invite a judge to inquire (while serving as a judge) into the conduct of a designated officer in performing functions under section 98 or 99 in relation to any investigation under this Part.

F163[(2) The Chief Justice may invite—

(a) a judge of the Supreme Court,

(b) with the consent of the President of the Court of Appeal, a judge of the Court of Appeal, or

(c) with the consent of the President of the High Court, a judge of the High Court,

to conduct the inquiry and, if the invitation is accepted, the Chief Justice shall appoint that judge to conduct the inquiry.]

(3) The appointed judge’s terms of reference shall be specified in the request and may relate to the designated officer’s conduct either on a particular occasion or in general in performing functions under section 98 or 99.

(4) The appointed judge may conduct the inquiry in the manner he or she thinks proper, whether by examining witnesses or otherwise, and may, in particular, conduct any proceedings relating to the inquiry otherwise than in public.

(5) For the purpose of the inquiry, the appointed judge has the powers, rights and privileges vested in a judge of the High Court on the hearing of an action, including the power to—

(a) enforce the attendance of witnesses, and

(b) compel the production of records.

(6) On completing the inquiry, the appointed judge shall report its results to the Minister who shall forward a copy of the report to the Ombudsman Commission for such action as it considers appropriate in the circumstances.