Chairman of the Las Alturas commission of enquiry Mustapha Ibrahim said yesterday the enquiry would “adhere to the principles of fundamental justice” and he intended to “ensure a sense of fairness pervades and permeates the conduct of this enquiry.” He gave the assurance in a brief opening statement at the start of the enquiry yesterday at the Caribbean Court of Justice (CCJ), Henry Street, Port-of-Spain.
The commission is to investigate the circumstances surrounding the construction of two multi-storey apartment buildings at Las Alturas housing project, Lady Young Gardens, Morvant, in 2008 under the former People’s National Movement government. The buildings, which suffered severe structural damage after construction, are to be demolished as the land on which it was constructed began shifting. So far, only the windows, doors and other fixtures have been removed.
The three-member commission was appointed by President Anthony Carmona eight days ago. On September 18, Prime Minister Kamla Persad-Bissessar called for a commission of enquiry into the construction of Las Alturas housing project after raising concerns about the two towers, valued $26 million, which are scheduled to be demolished.
Persad-Bissessar said then Opposition Leader Dr Keith Rowley, who was a former housing minister under the PNM, as well as Emily Gaynor Dick-Forde who succeeded him, have distanced themselves from blame. In response, Rowley welcomed the probe but said it would be another waste of millions of taxpayers’ dollars.
Dick-Forde claimed when the contract for the second phase of Las Alturas was signed between the Housing Development Corporation (HDC) and China Jiangsu International Corp (CJIC), she was the minister. Ibrahim said yesterday the commission had started to gather evidence and accompanying documents. He said the counsel to the commission had assisted in drafting procedural rules by which the conduct of the enquiry would be guided.
The rules, he said, were to be posted on the commission’s Web site and comments and submissions on them were invited from people and entities who might be parties in the enquiry. Dick-Forde, Rowley and Opposition Senator, former HDC director, Faris Al-Rawi, are expected to be among the witnesses to assist the enquiry when it continues next year. The first witness is expected to appear on January 26.
Terms of reference include
• To enquire into procedures, practices and procurement processes employed by Udecott and HDC in the award of the contract for the project.
• To investigate the circumstances concerning the procurement process and the award of all contracts since the inception of the project.
• To look into the advice, reports and minutes made available to the HDC, Udecott, and the ministry concerning the suitability or unsuitability of the site for the construction of Las Alturas and the consideration, if any, or action taken arising out of the advice or report.
To determine:
• Whether the board of HDC, Udecott and the ministry commissioned proper advices and reports into the suitability of the site for the project.
• The reasons for and effect of the site selection for the project and whether the HDC, Udecott and the ministry commissioned proper advice and reports into the suitability of the site.
• Whether criminal and civil proceedings should be recommended to the DPP.
Commissioners
• Retired Justice of Appeal Mustapha Ibrahim
• Structural engineering expert Anthony Farrel
• Retired UWI lecturer Dr Myron Chin
• Secretary to the commission Lorraine Lutchmedial.
Legal representation
Counsel for the commission is led by Pamela Elder, SC. and includes Jagdeo Singh. Counsel for the Housing Development Corporation (HDC) is Larry Lalla
Venue: Caribbean Court of Justice (CCJ), Henry Street, Port-of-Spain
The enquiry resumes on January 26, 2015.