Chairman of the Commission of Enquiry into the Las Alturas housing project at Lady Young Road, Morvant, retired justice Mustapha Ibrahim, is expected to deliver his ruling today on an application by attorney Emerson John-Charles for commission member Anthony Farrell to recuse himself from the proceedings.
John-Charles made the application on Monday after last Friday’s session during which he claimed Farrell had gone beyond merely questioning civil engineer and designer Steve Kistow to making statements which were indicative that he had already formed certain conclusions. Responding to submissions made by attorney Jagdeo Singh on Tuesday, John-Charles said yesterday some of the legal authorities cited were not applicable to the particular situation being addressed.
Singh is one of the attorneys representing the commission, and appears with lead attorney Pamela Elder, SC. The two are instructed by attorney Alvin Pariagsingh. Defending the basis on which the application was made, John-Charles argued that Kistow never admitted any wrongdoing when questioned by Farrell.
Instead, the attorney said, Kistow clarified what codes and what processes he used to prepare his design as it pertained to earthquake preparedness.
Asked by Ibrahim if he would not consider the issue raised by Farrell as a peripheral matter, John-Charles said millions of dollars had been spent by the Government to construct housing apartments which remained uninhabitable to date, and while any member of the commission was entitled to ask questions and seek clarification, the sentiments expressed by Farrell were indicative of a concluded view rather than a preliminary view.
Stating that “the line in this particular case has been crossed,” John-Charles said that the robust questioning by Farrell had resulted in the use of strong and colourful language, which when forcefully repeated several times could lead a fair-minded and informed observer to conclude that he had formed a certain position.
Revisiting Kistow’s evidence from last Friday, John-Charles sought to make it clear that Kistow had not violated any codes, and although he admitted to not following a particular code, he explained that other methods and processes were used in formulating the designs. Ibrahim promised to deliver his decision when the enquiry resumes at 9.30 am today at the Caribbean Court of Justice, Henry Street, Port-of-Spain.
LEGAL MINDS
The commission’s attorneys include Senior Counsel Pamela Elder and Jagdeo Singh, instructed by Alvin Pariagsingh. Queen’s Counsel Vincent Nelson and Larry Lalla are appearing for the HDC. Richard Mason, Jehan Mohammed, Faydia Mohammed and Brendon Sullivan are appearing for Udecott.
Vinda Maharaj and Kirt Walrond are appearing on behalf of the Ministry of Housing and Urban Development. Justin Phelps and Jerome Herrera, instructed by Anabelle Sooklal, are appearing for Geotech Associates Limited (GA). Emerson John-Charles and Zenobia Campbell-James are appearing on behalf of Civil Engineering Management and Services (CEMAS) and Steve Kistow Engineering Services.
AT A GLANCE
The commission of enquiry was set up to investigate “the entire process which led to the construction of the Las Alturas Towers at Lady Young Gardens, Morvant, and all other acts, matters or decisions done or undertaken incidental to and including the construction” of the project, which include the procurement process. Two multi-storey units of the Las Alturas housing project began falling apart after construction and the $26 million towers were earmarked for demolition.
They were part of a larger project, which was originally budgeted at $65 million and then rose to $90 million. The commission is chaired by former Justice of Appeal Mustapha Ibrahim.
The other members include civil engineers Dr Myron Wing-Sang Chin and Anthony Farrell. Attorney Laraine Lutchmedial is the secretary. They were appointed by President Anthony Carmona last December. Last September, Prime Minister Kamla Persad-Bissessar recommended an enquiry into the project after raising concerns about the two towers which had to be demolished.
Persad-Bissessar said 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. Rowley said though he welcomed the probe, it would be another waste of taxpayers’ money.