The application was submitted on Monday morning by one of the attorney's for the Tivoli Committee, Carol DaCosta who asked for forgiveness on behalf of Mr. D'Aguilar.
However, Chairman of the Enquiry, Sir David Simmons, in his response said D'Aguilar breached the terms of participation.
He took offence to a letter purportedly written by D'Aguilar in one of the newspapers on Saturday in which he described the proceedings as a Kangaroo Enquiry and a farce.
“It surely puts an unusual strain on common sense to contemplate that he should now wish to participate in an enquiry that he has publicly denounced. The Tivoli Committee can continue to be represented by Ms DaCosta ,but Mr. D’Aguilar will not be allowed to participate in these proceedings,” said the Chairman of the Enquiry.
Last Tuesday, Chairman of the Commission Sir David Simmonds made good on his threat to boot D'Aguilar from the proceedings of the Commission as a result of his continuous interruption of and objection to the cross examination taking place. He incurred Simmonds' wrath early in the day after accusing the commission of attempting to sideline him.
He was ordered not to speak and to allow his lawyers to speak on his behalf. D'Aguilar persisted and characterised the commission as being biased since he was not able to represent himself.
When Simmonds expressed agreement that lawyers should be given the mandate to manage witnesses, D'Aguilar reacted with fury.
Simmonds characterised D'Aguilar's conduct as aggressive, to which he responded: "I am defending my right. You say that is aggressive?"
As he took on the chairman about what he believed was the questionable nature of the terms of reference, Simmonds warned him that if he failed to desist from uttering derogatory comments, he would be removed.
The Tivoli Committee Chairman argued that Commission Chairman, Sir David Simmons was allowing the lawyers for the police and the army to control the proceedings.
When Sir David could take no more of the disruption, he ordered D'Aguilar from the room whereupon he was escorted from the session by the police as he was accussing Sir David of being a political hack.