Tuesday, January 13, 2009

Rowley wants PM in witness box at enquiry

Keith Rowley's lawyer Prime Minister Patrick Manning to submit questions about alleged missing money from the cleaver Heights Housing project to the Commission of Enquiry into the construction sector. Senior Counsel Gilbert Peterson made the point as the Enquiry began its first public session Monday in Port of Spain.

British civil engineer and Queen's Counsel, Professor John Uff is heading the enquiry, which Manning set up following opposition and public criticism of the state-owned Urban Development Company of Trinidad and Tobago (UDeCOTT).

UDeCOTT came under scrutiny after Manning fired Rowley as Trade and Industry minister. The prime minister said he moved against Rowley for behaviour unbecoming of a minister but Rowley has always insisted that Manning kicked him out of cabinet because he questioned why UDeCOTT was building a 60-room hotel in Port of Spain without proper cabinet oversight.

When the opposition and private sector groups pounced on Manning he reluctantly agreed to a commission to enquire into the entire construction sector, including UDeCOTT. But in the several months between the announcement of the probe and the start of the enquiry Monday UDeCOTT was allowed to continue its business without any additional scrutiny.

Rowley is particularly concerned about Manning's statements in Parliament about money missing from a housing project in Arima in eastern Trinidad while Rowley was Housing Minister in a previous Manning administration.

Manning gave two figures - $10 million and $20 million - and suggested that Rowley should shed some light on the disappearance of the funds. Both Rowley and the contractor - NH International - explained publicly that there was no missing money, saying that it was a clerical error. But Manning repeated the accusation.

Peterson suggested that the questions raised by Manning were "informal allegations", even though Manning told Parliament that he was not "casting aspersions" on Rowley. He said he wants Manning to formally make the allegation and appear in the witness box to face cross examination.

"We got those terms but we got no formal complaint, no formal allegation as to what was said in the public domain as to Dr Rowley's conduct. Now fairness would dictate...that the allegations in respect to Cleaver Heights must be set out in some form, whether it is a statement or otherwise and we be given an opportunity to answer those allegations and subject ourselves to cross examination," Peterson told the enquiry.

Although the commission's terms of reference cover the entire construction sector it is UDeCOTT that is under fire, especially from Rowley.

UDeCOTT Chairman, Calder Hart, and the corporation itself tried unsuccessfully Monday to get the commission to carefully examine any evidence being submitted about them before it is made public. Senior Counsel Frank Solomon sought to have the Commission sanitise the opening statements by the attorneys for Rowley and Winston Riley, President of the Joint Consultative Council.

But Uff said both UDeCOTT and Hart had "the opportunity to object to the evidence" submitted by Rowley and Riley, "and did not do so". He also noted that Hart and UDeCOTT "continue to have the right to object" to any statements made by witnesses during the enquiry that they contend to be defamatory, since the rules of defamation will apply to the enquiry's hearings.

Rowley's lawyer threatened to advise his client not to submit to cross examination until UDeCOTT submits a written response to the statements made against it by his client and Riley.

Uff reminded all attorneys that they have the right to object to anything they consider defamatory and ordered that all statements critical of UDeCOTT be submitted by Thursday morning.

Visit the official website of the Commission of Inquiry

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Jai & Sero

Jai & Sero

Our family at home in Toronto 2008

Our family at home in Toronto 2008
Amit, Heather, Fuzz, Aj, Jiv, Shiva, Rampa, Sero, Jai