By LARA PICKFORD GORDON Monday, October 5 2009

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Ramesh Lawrence Maharaj...

TABAQUITE MP Ramesh Lawrence Maharaj yesterday said evidence will be compiled for the Director of Public Prosecutions and Commissioner of Police for a case against the Urban Development Corporation of TT (Udecott). If they fail to respond, a private legal challenge will be made against the public officials.

In an impassioned statement delivered during an unprecedented Sunday briefing at the rotunda of the Red House, Maharaj said the Udecott board should be fired and the authorities should move to deal with the corruption which was revealed during the Commission of Inquiry into Udecott.

“The evidence shows conclusively that serious criminal offences have been committed by certain individuals occupying public positions.”

He sharply chastised the Government for inaction when Udecott began legal proceedings against the Commission. He said the Government’s behaviour towards Udecott exemplified corruption being interwoven with governance and politics

“The Government stands guilty of not taking steps to facilitate an independent inquiry to determine whether the monies of the people were not and are not being used for their benefit.”

He said the hosting of international summits and the Commonwealth Heads of Government Conference in TT were meaningless if the Government openly frustrated investigations to determine whether official corruption was being committed.

Maharaj said Finance Minister Karen Nunez-Tesheria has power under the Minister of Finance (Incorporation) Act to exercise in relation to Udecott, since all the property and shares of the company are vested with the Minister as Corporation Sole.

The power of the Minister is subject to special or general directions of the President and Maharaj said under the Constitution the President acts on the advice of Cabinet.

He said it was clear under the law that the Minister as Corporation Sole and Cabinet “could have not only fired the Board of Udecott but the Cabinet could have through the President given directions to the Board of Udecott to proceed with the hearings before the Coe and not pursue any application to stop the Inquiry”.

Maharaj said the directors and officers of Udecott also under law – the Companies Act — had a duty to act in the best interest of the company and people of TT.

He said bias was shown from early when public allegations concerning official corruption and irregularities in the award of contracts surfaced and the government including cabinet minister went on a public relations exercise.

Member of Parliament for Chaguanas West Jack Warner has written to President George Maxwell Richards about the halting of the Inquiry as a result of the court order which “binds the hands of the Commission until February 2010”.

Warner told the President that under the Commissions of Inquiry Act Chap 19:01, he had authority to appoint Commissions of Inquiry and “to do such things to ensure that such commissions are outfitted to carry out its mandate”.

He said this would include extending the life of the commissions “whose tenure may lapse before its full directive is fulfilled. Warner said should the President extend the Commission “it would ensure that it continues to have legal status pending any and all court action and so give it sufficient time to complete its work”.

Warner said several serious allegations of corruption have been made regarding the handling of billions of dollars and this was troubling to the public. He said closure must be brought to these issues by having them fully ventilated.

Warner pointed out that tens of millions of dollars had been spent from the public purse and it was in the public interest and interest of justice and good governance that every possible avenue for achieving these objectives be explored.