By Andre Bagoo Wednesday, September 16 2009

THE UFF Commission of Inquiry got a fresh start yesterday after it was finally published in the Gazette with its original terms of reference as well as its expanded terms in relation to the Cleaver Heights housing project.

But no sooner had copies of the Gazette become available to members of the public yesterday did questions over the future role of commissioner Israel Khan SC arise, as it emerged that the notices published in the Gazette included him as a commissioner, notwithstanding his resignation from the proceedings in August.

The proceedings were published in the Gazette of September 11, which were only made available for sale yesterday after having been printed on Monday.

A series of six notices, numbering 1631 to 1636, were published, each dealing with a different facet of the proceedings. For instance the first notice listed the commissioners, naming them as Prof John Uff, Kenneth Sirju, Desmond Thornhill and Khan and also elaborated the full original terms of reference. Another notice announced the resignation of the former secretary Ida Eversley.

Subsequent notices, however, also included the expanded terms of reference in relation to the Cleaver Heights housing project. Because of this, a fourth and final phase of hearings to deal with these expanded terms is now on the cards. With the publication of the proceedings in the Gazette, the proceedings now stand on fresh ground, so to speak. What remains is the passage of a validation act. Newsday understands that the act will empower the commissioners to refer to the evidence adduced thus far in the proceedings with regard to the preparation of their final report.



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But it is unclear what role Khan will play or what impact his resignation on the basis of “apparent bias” in August will have on the fresh proceedings.

It is understood that a second Gazette publication is due later this week. That publication will announce Khan’s resignation as well as Sirju’s recusal from the final phase of hearings. There will also be a special direction from President George Maxwell Richards over the use of evidence adduced thus far in the proceedings. These could coincide with the tabling of a validation act by as early as today. Yesterday, Khan insisted he had not resigned but had, rather, simply recused himself from further hearings in August.

“I am still a member of the commission because I did not resign what I did is I recused myself from further hearings,” Khan claimed yesterday afternoon. Asked if he would insist on returning as a commissioner, he said, “not unless I get an apology from Calder Hart and his lawyers.”

Khan’s comments contrasted with the official statements on the issue from the inquiry.

In an official press release issued on August 14, Uff, the chairman of the inquiry, said the following in relation to Khan’s resignation:

“The commissioners of the Commission of Inquiry into the Construction Sector, Mr Kenneth Sirju, Mr Desmond Thornhill and Professor John Uff QC, note with regret that Mr Israel Khan SC has offered his resignation to His Excellency the President.”

“Mr Khan’s decision was entirely his own and the other commissioners were not made aware of his intention to do so. They remain appreciative of the contribution that Mr Khan has made to the inquiry but understand the reasons which have led to his resignation and regret his departure before the commission has completed its enquiry,” the release, under the heading, “The Resignation of Mr Khan” read.

Uff noted that Khan would take no further part in the proceedings. “The remaining commissioners intend to continue and to complete the remaining hearing in accordance with the timetable namely 7th – 12th September 2009. The commissioners have not yet begun to formulate their conclusions and therefore the report to be submitted to His Excellency the President will be that of the remaining commissioners only, that is Mr Kenneth Sirju, Mr Desmond Thornhill and Professor John Uff QC.”

But Khan, in his letter to Richards in August, wrote, “the public interest, which is always of priority concern to me, will be best served by my recusing myself forthwith from sitting as a commissioner on the said enquiry”. Richards acknowledged receipt of Khan’s letter in which he noted that Khan said he “will be recusing (him)self from sitting as a commissioner”.