A scene resembling something from an “apocalypse movie” was how lead attorney for the Housing Development Corporation (HDC), Queen’s Counsel Vincent Nelson, yesterday described the site of the Las Alturas housing project at Lady Young Road, Morvant. Delivering the cryptic comment at the end of the second evidentiary hearing of the Commission of Enquiry appointed to investigate the circumstances leading to and the eventual construction of several multi-storey apartment buildings at the location, Nelson said it was “quite a sight to see.”
Supportive of the recommendation that a site visit would assist those participating in the enquiry, to better understand and contextualise the evidence presented thus far, Nelson said one would be able to detect where the slope failure began, as well as the dangerous position of the remaining buildings, the area where the retaining wall was built, the underpinnings which had been drilled beneath the demolished buildings and other infrastructural and developmental work.
The date of the site visit will be determined when the third evidentiary session begins on May 4, at the Caribbean Court of Justice, Henry Street, Port-of-Spain. Yesterday’s session concluded by 11 am as the HDC’s second expert witness, structural engineer Jon J Kangos, was cross-examined by attorney Emerson John-Charles who is appearing on behalf of Civil Engineering Management and Services (CEMAS) and Steve Kistow Engineering Services.
Admitting that he had submitted a statement confirming that the reinforced concrete super-structures at the site had been “adequately built,” Kangos sought to make clear that this opinion had been formed prior to examining the “un-cracked structure,” and before there was any evidence of “geotechnical distress at the site.”
Following questions from commissioner Anthony Farrell, who is a civil engineer by profession, Kangos said his calculations pertaining to the buildings’ earthquake preparedness were based on geotechnical and geographical information provided to him at the time. Unable to say what factors were used to determine that information, Kangos said he found the buildings were “acceptable as constructed.”
Taking the witness stand immediately after Kangos, was Dr Robert Tibor Ratay, a forensic structural engineer from New York, who was employed by the HDC to head the specialised team of experts in 2011 to assess the site after problems began to occur. Kangos, who is employed with Severud Associates Consulting Engineers of New York, along with geotechnical engineer Francis J Arland of Mueser Rutledge Consulting Engineers (MRCE) of New York, formed part of the team under Ratay.
Producing a copy of an unsigned contract between himself and the HDC yesterday—which had been endorsed by Jearlean John who was named as the managing director of the HDC at the time—Ratay said he believed the HDC and government were one and the same referred to in the contract, in which there were provisions for compensation in the event his services were terminated before the stipulated period.
Initially estimated to cost approximately US$100,000, Ratay admitted under cross-examination by attorney Justin Phelps that the price-tag for his services skyrocketed to US$300,000 as the scope of works increased. Phelps is representing Geotech Associates Limited (GA), the firm which was employed to conduct geotechnical tests at the site.
Unaware of how much was actually paid to the entire team as all members were paid separately, Ratay testified that he was in fact paid more than the original figure of $100,000, but less than US$300,000. Ratay confirmed that during his first visit to T&T in 2011, he met “everybody” associated with the project.
Returning to T&T in 2012, accompanied by Arland, Ratay said he remembered meeting with officials of the Joint Consultative Council but was unable to remember if former president Winston Riley was present at the meeting at the Hyatt Regency. Riley, who is the chairman of Planning Associates Limited (PAL), has already appeared before the Commission.
Riley testified that shortly after reporting the structural issues which threatened to derail the project, his company’s services were terminated by the Urban Development Corporation of T&T (Udecott) which then hired Civil Engineering Management and Services (CEMAS). Riley said PAL had informed Udecott of issues with the contractor China Jiangsu International Corp of T&T Ltd (CJIC) before it eventually signed a contract for the project.
It is expected that during the site visit which will be done during the next session in May, HDC’s senior engineer Gordon Reddon; Udecott’s project engineer Atiba de Souza; Trintoplan engineer Andrea Claire Abel; PAL’s project engineer Trevor De Landro; and geotechnical engineer Derek Gay will accompany the commissioners and attorneys.
legal minds
Attorneys for the Commission include Pamela Elder, SC, and Jagdeo Singh, both of whom are instructed by Alvin Pariagsingh. Appearing on behalf of the HDC are Vincent Nelson, QC, and Larry Lalla. Richard Mason and Jehan Mohammed, along with Faydia Mohammed and Brendon Sullivan, are appearing for Udecott.
Attorney Justin Phelps is appearing alongside Jerome Herrera, both instructed by Anabelle Sooklal for Geotech Associates Limited (GA), whereas Emerson John-Charles and Zenobia Campbell-James are appearing on behalf of Civil Engineering Management and Services (CEMAS) and Steve Kistow Engineering Services.