Lawyers for British Columbia's criminal justice branch will tell the B.C. Court of Appeal today why Crown counsel shouldn't testify at the Frank Paul Inquiry.

Leaders in the Aboriginal community are outraged at the legal manoeuvre designed to prevent Crown counsel from revealing why charges were never approved in the December 1998 death of Frank Paul, a 47-year-old Mi'kmaq dragged unconscious by police to an alley where he died of hypothermia due to exposure and alcohol intoxication.

"To have this frustrated by the criminal justice branch failing to co-operate is absolutely unacceptable," said Grand Chief Stewart Phillip. "There seems to have been a very deliberate and consistent effort to cover this up."

Phillip claims Attorney General Wally Opal agreed to the inquiry "because it was the right thing to do. But, when it comes to point of asking Crown council to testify, they refuse." The attorney-general couldn't be reached by 24 hours' press time.

In February, inquiry commissioner William Davies ruled Crown counsel must appear - a decision later upheld by the B.C. Supreme Court.

"Their testimony is necessary to ensure the criminal justice system works," said Cameron Ward, representing the United Native Nations Society.

Dharm Makwana reports for Vancouver's 24 hours.