Attorneys representing UDeCOTT executive chairman Calder Hart are making legal moves to kick out Israel Khan from the Uff commission of enquiry into the construction sector and UDeCOTT. According to a report in the Express Newspaper, it's because of the manner in which Khan is interrogating Hart.The paper quotes unnamed sources as saying that Hart's legal team decided to make the move because of the manner in which Khan questioned Hart at the end of the cross-examination during Wednesday's sitting of the enquiry.
The Express says Hart's legal team led by Frank Solomon is directing a letter to the commission's secretary, Judith Gonsalez saying that Khan has "indicated clear evidence of real and apparent bias".
Commission chairman John Uff alluded to the matter Wednesday when he told Hart that no member of the Commission "holds any brief for any party. We are not here to accuse you of anything...We are here to listen to and weigh the material that comes before us."
All the commissioners - Khan, Desmond Thornhill and Kenneth Sirju as well as the chairman - were appointed by President George Maxwell Richards, who established the enquiry on the advice of Prime Minister Patrick Manning.
In September last year, Chaguanas MP Jack Warner objected to Khan being a member of the commission, saying that Khan was biased in favour of the governing People's National Movement (PNM).Warner claimed that Khan has openly declared his support for the People's National Movement (PNM).
He said, "The very nature of the appointment requires one to be unattached to any party. One must be objective, unbiased and dispassionate.” Warner quoted Section Five of the Commissions of Enquiry Act, Chapter 19:01, which states: “Each commissioner appointed under this act shall make and subscribe to an oath he will faithfully, fully, impartially and to the best of his ability discharge the trust and perform the duties devolving upon him as commissioner.”
Quoting Section 7, Warner added: “The commissioners shall, after taking the oath, make a full, faithful and impartial enquiry into the matter specified in the commission.”
Warner referred to statements Khan made in a media interview expressing support for the PNM and noted that, “The fact Khan has declared his support for the ruling party indicates he is incapable of being impartial, unbiased, objective and dispassionate.”
In response, Khan told the Guardian he has a right to free speech and stated that he is not a member of the PNM. He said, "I enjoy all the rights under the constitution to support a party of my choice, just like the doubles vendor, coconut vendor and even the judges of the Supreme Court of Trinidad and Tobago."
Read the story: Jack writes UDeCOTT probe chairman
Keith Rowley, one of the key personalities in the probe, disagreed with Warner and said Khan was a respected member of the legal fraternity and he expected Khan to conduct himself in keeping with the "highest traditions of that profession." He added that his selection was not because of his affiliation to any party.
Read the story: Rowley stands by Khan
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