Deane under fire. Rowley says enquiry boss is biased

Gordon Deane is under fire from several quarters about his suitability to head a Commission of Enquiry in the construction sector that will include the operations of UDeCOTT, the Urban Development Corporation of Trinidad and Tobago.

Prime Minister Patrick Manning announced the appointment of Deane on Friday when he told the House of Representatives that he was establishing the probe. But almost immediately, his choice of the former chairman of the Integrity Commission met resistance the opposition and Diego Martin West MP, Dr Keith Rowley.

Rowley, whose firing by Manning opened up Pandora's Box, said Deane must disqualify himself, citing Deane's record.

Deane was the chairman of the Integrity Commission that began investigating Rowley and was chairman when the Rowley file was sent to the Director of Public Prosecutions without giving Rowley a chance before to be heard.

A court ruled that the Integrity Commission breached Rowley's fundamental right to be heard. Deane's term had expired by the time the court ruled in Rowley's favour.

"Even as the Government concedes reluctantly to have a Commission of Enquiry, it appoints a Chairman who is clearly in the category of a biased person. And I am saying this because the Prime Minister must know, and Mr Deane must know, of the ruling of Justice Ivor Archie in the Sherman McNicolls matter, that seminal judgement when he said that bias is not required to be proved, but the appearance of bias is also sufficient to disqualify," Rowley told the Trinidad Express.

"In that context, Gordon Deane who used Integrity Commission information to scandalise me in a lawsuit where the Integrity Commission was embarrassed in the court and where the charge laid against the Commission headed by Deane is one of serious breach of the Constitution, resulting in the violation of a citizen's fundamental rights; such a person in this particular matter where UDeCOTT is involved as it (UDeCOTT) was involved in that other matter (with the Integrity Commission), clear bias exists. And on that basis alone, Gordon Deane cannot be Chairman of this Commission."

Rowley added: "And therefore while the Prime Minister has conceded an enquiry, a proper chairman needs to be sought. Gordon Deane must disqualify himself and the Prime Minister must do better than that. Otherwise the enquiry would be discredited even before it gets started".

The PNM MP stated that what the Government appears to be doing is consistently seeking something in its favour as against an independent decision.

Rowley said any fair minded person would see this as a biased commission and not as a clear, independent Commission of Enquiry.

Rowley made reference to a comment a few years ago by former President Arthur NR Robinson made a comment that the professional class was consistently failing Trinidad and Tobago.

He said, "...in that context, the Prime Minister's announcement of Gordon Deane as chairman of the Commission of Enquiry is an expression to that concern. The Prime Minister must know that that is a most inappropriate appointment. And Mr Deane should know that if even he is offered the appointment, he should turn it down."

Former Attorney General Ramesh Lawrence Maharaj shares Rowley's concerns. He told reporters Saturday Deane could not chair the enquiry because he had already adjudicated matter related to UDeCOTT.

And he threatened to go to court over the matter.

"If Mr Manning puts robots of his...the Trinidad and Tobago Civil Rights Association will file public interest litigation to force the Prime Minister to remove these persons," Maharaj said.

He explained that there are provisions for such legal action in the Judicial Review Act. He added that Manning knows the connection between Deane and former Attorney general John Jeremie "whose conduct was reviewed by the Mustil Tribunal in relation to the Chief Justice, Sat Sharma."

Maharaj also had concerns about the terms of reference of the probe, suggesting that they water down the critical issue of the operations of UDeCOTT. That's a view also expressed by Opposition leader, Basdeo Panday.

See related story: Opposition rejects Deane