SUMMONS FOR MRS. HARTBy Andre Bagoo Wednesday, September 23 2009
THE COMMISSIONERS of the Uff Commission of Inquiry have taken a decision to summon Sherrine Hart, the wife of Udecott executive chairman Calder Hart, in order for her to respond to claims of a link between her and a Malaysian company which was awarded a $368 million contract by her husband.
Newsday has learnt that the commissioners, led by chairman Professor John Uff, have decided to issue a Salmon letter (or letter of allegations) to Mrs Hart in relation to the accusations made by her ex-husband Carl Khan. The letter would call on Mrs Hart to attend the offices of the inquiry secretariat at Winsure Building, Port-of-Spain, in the company of her lawyers, in order to respond to Khan’s allegations.
Among those allegations are claims that Mrs Hart:
• is the brother of former Sunway Construction Caribbean Limited director Lee Hup Ming (also called Allan Lee Hup Ming);
• is the brother-in-law of former Sunway director Ng Chin Poh (also known as David Ng Chin Poh) who was married to Mrs Hart’s sister, Adeline Lee.
Sunway was in 2005 awarded the $368 million contract for the Ministry of Legal Affairs Tower at the Government Campus Plaza in downtown Port-of-Spain. The Udecott board awarded the contract to Sunway, notwithstanding its third place in the tender results.
It is understood that the decision to summon Mrs Hart preceded word of the launch of a fresh court action by Udecott to challenge the inquiry on the basis of a legal defect that emerged this month.
Word of the decision of the commissioners also comes as queries over the whereabouts of the Hart family continued. Mrs Hart had previously been reported to have left the country. She was, however, this month spotted in downtown Port-of-Spain.
Yesterday, her husband was reported to have been out of the country. A source close to the Udecott chairman reported he had gone on a trip with one of his sons. Earlier this month, there were reports that Hart was spotted at the Piarco International Airport.
The decision of the commissioners comes after the Joint Consultative Council (JCC) wrote them by letter, dated August 12, asking them to “summon Mrs Sherrine Lee Hart to answer questions as to whether she is related to Mr Ng Chin Poh and Mr Lee Hup Ming.”
That call came after Mrs Hart’s ex-husband Khan, in two sworn statutory declarations, alleged links between the two men and Mrs Hart. It also came amidst questions that were raised in the proceedings over a fax trail linking Calder Hart with the company where the two men were once listed as directors. This month Khan also swore a third statutory declaration in which he presented further untested evidence of links between Mrs Hart and the two former Sunway directors, including a love letter said by him to have been penned by Mrs Hart which featured a return address he said was used by Allan Lee Hup Ming
Newsday understands that, to date, lawyers acting on behalf of the Udecott executive chairman have not filed any statements or submissions in response to the allegations raised by Khan.
The call for Mrs Hart comes as Udecott last Friday launched moves to challenge the proceedings on the basis of apparent bias. They reportedly argued that notwithstanding the move by the Government to validate the proceedings last week, the inquiry has been “vitiated by bias”.
Former commissioner Israel Khan SC, who in August resigned from the proceedings on the basis of “apparent bias” after he penned a letter dismissing allegations that he was biased against Calder Hart and whose cross-examination of Hart earlier this year is cited in the latest court action, yesterday said he was confident the case would fail.
“I have no doubt in my mind that that will be knocked off,” he said. “And when they read my letter they will say I am answering the accusations.”On Sunday, Udecott issued a press release confirming they are seeking a declaration that the proceedings of the inquiry are illegal.
“Having examined in detail the conduct of the commission, Udecott’s legal counsel have advised that certain of the commissioners have exhibited bias against Udecott such that Udecott believes it has been deprived of a fair and impartial hearing,” the release advised.
“This action in no way represents any attempt by Udecott to challenge or undermine the Government’s decision to initiate the commission or the actions taken by the State to validate the hearings thus far,” the company’s public affairs coordinator, Roxanne Stapleton-Whyms, wrote.
“However, like any other company or citizen, Udecott is entitled to equal treatment and fair-play. Udecott is entitled to take any steps open to it, at law, to uphold its legal and constitutional rights.”
