The Integrity Commission has terminated its probe into the Tobago House of Assembly’s construction of its Milshirv administrative complex, citing insufficient grounds for continuing the investigation.
Commission registrar Martin Farrell notified the THA’s legal representatives of the development on November 7.
The Milshirv issue has been the PP administration’s main prong of attack against the THA in the THA elections in January last year. Under the arrangement, the PNM-controlled THA bought a three-acre parcel of land at Shirvan Road/Claude Noel Highway intersection from Dankett Ltd for $12 million.
Reports were that the THA then leased the land to Milshirv Ltd at a rate of $10 annually for 199 years. Under the proposal, Milshirv would then build the administrative complex at an estimated cost of $143 million and then lease/rent it to the THA at a monthly rate of $1.2 million for 20 years.
At the end of the 20 years, or at three-year intervals during the period, the THA would take ownership of the complex, according to the proposal. Attorney General Anand Ramlogan had referred the matter to the Integrity Commission for investigation with specific reference to the actions of THA Chief Secretary Orville London and Secretary of Finance Dr Anselm London to see if any charges could be laid.
A letter also was sent to acting Commissioner of Police Stephen Williams. The Integrity Commission launched an investigation in 2012 when it sought information from the THA and the THA had agreed to comply.
Now the Integrity Commission has told the THA’s legal representatives it had investigated the matter and after examining all the evidence and legal submissions by the concerned parties, it had determined there were insufficient grounds for continuing the probe and had decided to terminate it.
Section 34 (6) of the Integrity in Public Life Act says where, during the course of an investigation, the commission is satisfied there are insufficient grounds for continuing an investigation or that a complaint is frivolous, vexatious or not made in good faith, it may terminate the investigation.
In May, the court ruled that the THA did not require the permission of the Finance Minister to enter into special financing arrangements for its construction projects. AG Ramlogan said yesterday Government had appealed that decision.
On the termination of the probe, Ramlogan said the entire matter was still before the court and he had no comment until the Appeal Court adjudicated on it.
He added Government had discontinued the case against Milshirv to allow the project to proceed as its legal advice was that Milshirv was an innocent third party and if the THA did not get permission from the ministry, it was not grounds to penalise a third party.
But, he said, the question of whether the ministry’s permission was required in such arrangements was still an issue.
A THA official said yesterday the Integrity Commission’s statement signalled “the last failed attempt by Government” to stop the project.