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VITOUSEK: Sure. My question for corp. counsel is in regards to the first paragraph of
<br /> Commissioner Van Pernis's email to the Commission, indicating that a line of questioning for an
<br /> applicant related to a previous deposition in regards to a judgment against his client.
<br /> YOSHIMOTO: Okay, go ahead.
<br /> VITOUSEK: It seems to me as though that could create a conflict of interest, if you are using a seat
<br /> on the Commission in order to get information about previous - - -
<br /> VAN PERNIS: I do not represent Mr. Watson, deceased now, have not represented him for many
<br /> years, have retired. I've taken no further action against Mr. Cook who I knew before and after the
<br /> deposition. And I knew him because we both lived in Kona. And I have not used any information
<br /> inappropriately - - - intention. If you - - - strike that portion, I have no objection. But I made
<br /> comment on it- - -
<br /> CARR
<br /> - -CARR SMITH: Mr. Vitousek, are you still on? Go ahead.
<br /> VITOUSEK: Yeah, I just wondered if that's something that corp. counsel could weigh in on.
<br /> YOSHIMOTO: Okay, so, Mr. Vitousek, you are asking a question as far as whether that
<br /> representation in the first paragraph in and of itself constitutes a conflict of interest?
<br /> VITOUSEK: Yes, that's my question.
<br /> YOSHIMOTO: Okay, you know, my reading of that is that, you know, we, in consideration of what
<br /> Mr. Van Pernis just represented, I believe that he would have initial burden to say whether he has a
<br /> conflict. Now, we've just heard him say that he doesn't have a conflict, but he is willing to have that
<br /> stricken as far as the record for this written portion. It doesn't change the fact that he can still state it
<br /> for the record as a commissioner, as all of you can in terms of your thoughts, so I mean that might be
<br /> a way to address it. But if the Commissioners believe that there is a conflict of interest, or if any
<br /> Commissioner has, is unable to be fair and impartial, then, you know, the Commission can make a
<br /> motion, you know, after doing its due diligence in terms of establishing a basis. So that's always an
<br /> option. But I do believe, you know, because Mr. Van Pernis offered to have that stricken, that's an
<br /> option, too, as well. The large issue of a conflict of interest, Mr. Van Pernis already represented that
<br /> he doesn't believe there is one, and he can be fair and impartial. But, you know, the Commissioners
<br /> can follow up with him since, you know, this is an issue that's before the Commission at this point.
<br /> KEALOHA: So, to be clear
<br /> CARR SMITH: Perry.
<br /> KEALOHA: to be clear, it's not corporation counsel's view that there is a conflict.
<br /> YOSHIMOTO: I don't have an opinion on that right now because I haven't had a chance to talk to
<br /> Mr. Van Pernis. So in all fairness, you know, we would have to, you know, basically go into the
<br /> issue—and I see Mr. Van Pernis is raising his hand—because really initially whether someone can
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<br /> EXHIBIT C
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