The Chairman of the Commission of Inquiry into the Construction Sector, Professor John Uff today handed in his report on the construction sector and Udecott to the President of Trinidad and Tobago. Meanwhile, police probes of the state enterprise and its former executive chairman John Calder Hart continue.
Uff ‘s report was handed over to President George Maxwell Richards at the Winsure Building, Richmond Street, Port-of-Spain, at 11.30 am.
The submission of the report is the culmination of the inquiry process which began in April 2008 when Diego Martin West MP Dr Keith Rowley was sacked as Trade and Industry Minister after he raised concerns over Udecott. Rowley, as well as several organizations including the Chambers of Commerce, the Joint Consultative Council for the Construction Industry, the Trinidad and Tobago Institute of Architects and others — called for a commission of inquiry into Udecott, however, this was initially resisted by Prime Minister Patrick Manning. Prime Minister Patrick Manning later agreed to an inquiry but expanded its terms of reference to cover the construction industry in Trinidad and Tobago.
Lawyers have stated yesterday that while inquiry reports are normally tabled in Parliament, there is no stipulation that this is the only way in which they are to be made public. The Commission of Inquiry Act is silent on what is to happen to a report after it is handed in to the President, leaving the manner of dissemination of the report open to the State.
The inquiry had a budgeted cost of about $20 million according to Budget documents tabled last year and the hearings saw unprecedented levels of public interest which were broadcast live and covered extensively by the media. An internet website was also set up for members of the public to access information in relation to the proceedings.
The inquiry has been dogged by concerns over the failure of Udecott lawyers to disclose documents in their entity and to meet deadlines set out by the commissions. Wrangling between lawyers representing parties including those of Dr. Rowley, extended the inquiry.
Udecott lawyers, led by British QC Andrew Goddard, also launched lawsuits against the proceedings during hearings one of which challenged the proceedings on the basis of apparent bias of the commissioners. The challenge was thrown out this month by Justice Mira Dean-Armorer who also ruled that she had no basis to stay the commission from submitting a final report to President Maxwell Richards.
Udecott chairman Calder Hart resigned his position at Udecott on March 6 some days after documents linking him to Malaysian firm Sunway Construction Caribbean Limited emerged, after being obtained by the Congress of the People (COP). On the same day of his resignation, Caldar Hart left the country and it is assumed that he may be in the UK presently, however efforts by law officers to contact him have failed.
During the hearings, questions about the practices at the Housing Development Corporation (HDC) also emerged with key staff at the HDC resigning during the proceedings. In the final analysis, it seemed that the evidence about the projects themselves and in particular the testimony of Canadian born John Calder Hart, generated the most public concerns.
During the inquiry, it was also discovered that the inquiry had not been gazetted by the relevant authorities under the terms of the Commission of Inquiry Act. Professor John Uff insisted that notwithstanding the error, the inquiry was valid under the common-law. Government then tabled legislation to overcome this oversight.
The Trinidad and Tobago Institute of Architects hopes that the Report on the Commission of Inquiry into the Construction Sector can be made public without further delay.
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