Friday, March 5 2010

Congress of the People deputy political leader and attorney Prakash Ramadhar sent the following letter, dated March 3, to Judith Gonzalez, secretary of the Commission of Inquiry into the Construction Sector, which is chaired by Prof John Uff, about the party’s findings in relation to Udecott chairman Calder Hart and his wife Sherrine.

“We refer to the numerous calls for further investigations into matters related to the Urban Development Company Limited (Udecott) and in particular the role of its Executive Chairman, Mr Calder Hart, in the award of the contract for the construction of the TT$368,902,830.60 Ministry of Legal Affairs Tower (as part of the Government Campus Project) (the ‘Legal Affairs Contract’).

In the circumstances we have caused searches to be made with respect to the family connections of Mr Calder Hart and his wife Mrs Sherrine Hart. Having regard to the results of such searches we believe that it is our duty to draw to your attention the following matters which represent incontrovertible evidence with respect to the family relationships of Mr Calder Hart.

The following is an outline of the circumstances and facts gathered by us in the course of such investigation on which we base our conclusions:

1 That CH Development and Construction Limited (‘CH Development’) was incorporated on October 19, 2004 with two of its director/shareholders being named as Lee Hup Ming and Ng Chin Poh, each stating his occupation as ‘Civil Engineer’. The fax number of CH Development as designated on their seal and letterhead is 624-8239, admitted by Mr Hart in his testimony to the Commission of Inquiry to be his private fax number assigned over 22 years ago by TSTT to his home at 6 De Lima Road, St Ann’s.

The fax number was removed on April 28, 2008 6 days after The Honourable Mr Keith Rowley was fired from the Cabinet.

2 That in relation to CH Development and the Legal Affairs Contract the following evidence given by Mr Calder Hart in his statement to the Commission of Inquiry is material:

a On October 25, 2004 Sunway and its subsidiary, CH Development, applied to Udecott for pre-qualification (paragraph 61).

b On November 8, 2004 Udecott, acting through Mr Calder Hart as its Executive Chairman, approved the application of Sunway and its subsidiary, CH Development to pre-qualify for the Legal Affairs Contract, (paragraph 62) although it did not meet any of the tender requirements as advised by Counsel to Udecott Mrs Deborah Peake SC (see evidence given at the Commission of Inquiry).

c On November 10, 2004 Udecott invited CH Development/Sunway PTE Ltd, among other contractors, to tender for the Legal Affairs Contract (paragraph 64).

3 Ultimately the Legal Affairs Contract was awarded to CH Development at a price which was more than TT$60 million higher than that of the lowest bidder. The lowest bidders were Hafeez Karamath Limited at TT$301,801,885.70 and Johnson International LLC TT$346,207,130.00.

4 That contrary to the evidence given by Mr Hart referred to at 3 above, as appears from the Annual Return dated July 18, 2006 filed in the Companies Registry on August 7, 2006 (copy attached), at all times prior to January 27, 2005 the ownership and control of CH Development was vested in Mr Hart’s family, namely Lee Hup Ming (his wife’s brother) and Ng Chin Poh (his wife’s brother-in-law) and only became a subsidiary of Sunway Construction ION SDN BHD on 27th January 2005 when it acquired the shares in this CH Development from the said family members of Mr Hart.

5 As appears from the passport of Lee Soh Wah (Mr Calder Hart’s wife — copy of passport attached) and the birth certificates issued by the Malaysian Authorities (copies attached), Lee Soh Wah born on March 31, 1961 and Lee Soeh Ching born on March 16, 1966 are two sisters, born of the same parents, the father being Lee Fook Piau (Identity Number 2023080) and mother being Chung Ho Eng @ Wong Ah Moi (Identity Number 2023056) residing at 83 Bukit Pelandok, Port Dickson, Nigeri, Sembilan, Malaysia.

6 As appears from the marriage certificate (copy attached) issued by the Malaysian Authorities, Lee Soeh Ching was married to Ng Chin Poh in March 1996.

7 This incontrovertible evidence of the family relationships between Mr Calder Hart, his wife Mrs Sherrine Hart (Lee Soh Wah), his sister-in-law, Lee Soeh Ching and Ng Chin Poh was denied by Mr Calder Hart in his sworn testimony before the Commission of Inquiry, stating at paragraph 70 of his statement to the commission: “I take this opportunity to categorically refute and condemn as false and mischievous allegations that I have any family connections with Sunway or CH Development and Construction Limited.”

8 Lee Hup Ming, (the brother of Sherrine Hart) although describing himself as a civil engineer in the company records of CH Development, is in fact, together with his brother Lee Hup Seng (see birth certificate attached), a director of CH Tiling SDN BHD CH. Tiling is a dealer distributor for tiles and other hardware materials in Nigeri, Sembilan, Malaysia. This business was inherited from their parents, Lee Fook Piau and Chung Ho Eng @ Wong Ah Moi, as appears from the information about the business at http://www.itjaya.com/customer-quote/c-h-tiling.html (copy attached).

9 Ng Chin Poh, (the brother-in-law of Sherrine Hart) although describing himself as a civil engineer in the company records of CH Development, is in fact, a director of Elite Visage SDN BHD, together with his wife, Lee Soeh Ching (the sister of Sherrine Hart).

Elite Visage is a trader in souvenir and consumer items as appears from the extract from the Malaysian Register (copy attached).

In the above circumstances it seems to us that Mr Hart as a person in public life by virtue of his chairmanship of Udecott, a State enterprise, has failed to comply with his obligations under Section 24 of the Integrity in Public Life Act, having a possible or perceived conflict in the award of the Legal Affairs Contract by virtue of Section 29(1) yet never declared such interest nor disqualified himself from the decision making process as required by Section 29(2).

Of even graver concern is the fear that the above circumstances mask the potential for the commission of offences under the Prevention of Corruption Act. This has attendant consequences of the State suffering tremendous losses as a result of possible corrupt acts, given that Udecott over the last few years has been engaged in the award of contracts exceeding TT$200 billion. We would be happy to make the originals of the birth certificates and marriage certificate in our possession available for inspection. We would also be willing to assist in any way which the Commission may consider appropriate.”