Sunday, September 27 2009

Former Commissioner in Uff Commission of Inquiry into the construction sector, Senior Counsel Israel Khan, has called for the inquiry to continue despite the application for judicial review brought by the Urban Development Company of TT (Udecott).

“It is my personal opinion that the inquiry can proceed while they (Udecott) pursue their constitutional right,” Khan said.

He explained that the review application is expected to take almost one year, with the likely possibility of reaching all the way to the London Privy Council.

“Let the inquiry proceed. This (judicial review) could possibly take at least one year,” Khan said.

“What about if they lose at first instance?” he questioned.

Khan resigned as a commissioner in the enquiry, on August 14, following a ten-page letter he wrote to Udecott dismissing claims of bias against him and threats by Udecott of taking the commissioners to court.

Udecott made good its threats and after filing a motion at the Hall of Justice in Port-of-Spain last week, the construction body was granted leave by Justice Mira Dean-Armorer in a court sitting late Friday.

The application seeks to question the legality of the commission after the sittings had not been gazetted at the specified time.

Udecott also seeks to challenge, among other things, the decision by Chairman John Uff and commissioners Desmond Thornhill and Kenneth Sirju not to recuse themselves from the inquiry, despite calls by Udecott for them to do so.

Udecott attorneys are contending that the commissioners and the chairman, have manifested apparent bias throughout the course of the proceedings by focussing on Hart during their own interrogation of the evidence.

Khan, in his letter to Udecott, had described these accusations as “frivolous and vexatious,” and the threat of judicial review as “preposterous”.

Yesterday, Khan said Udecott had nothing to lose if the inquiry continued while the review in court was proceeding.

“If the court says that the commissioners were biased, the report will be null and void,” he said.

The State enterprise will also seek a stay of the inquiry as an interim relief before the determination of the substantive matter.

Dean-Armorer set the trial date to Friday.