Commission Chairman John Uff sent the president a report containing an application made on behalf of UDeCOTT, to remove Khan from the commission. The application pointed out that the president, who appointed the commission, should exercise his powers to revoke Khan’s appointment.
UDeCOTT's application is based on allegations that Khan has a bias against UDeCOTT, which he demonstrated in 'interrogating' UDeCOTT personnel at the enquiry, including its executive chairman, Calder Hart.
UDeCOTT’s lawyer Andrew Goddard said that if Khan failed to recuse himself immediately, Uff should “forthwith take such steps that are available to him to secure the removal of Mr Khan as a member of this commission, including but not limited to requesting of the President of Trinidad and Tobago for Mr Khan’s appointment as a commissioner to be revoked.” Khan refused to quit.
He said: “On the facts reported it is not the case that Mr Khan is or has become unable or unwilling to act as a member. Accordingly, His Excellency is of the opinion that the circumstances do not exist for the exercise by him of the powers invoked under the Act.
“Further, His Excellency has taken into consideration that such powers as are conferred by the Act are subject to Section 80 of the Constitution of the Republic of Trinidad and Tobago as the supreme law.”
Richards said he had “accordingly brought the report to the attention of the Honourable Prime Minister and head of the Cabinet.”
The commission is taking a break. Sittings resume on March 23.
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