Judge halts UDeCOTT probe pending judicial review; AG "disappointed"

The Urban Development Corporation of Trinidad and Tobago (UDeCOTT) has succeeded in temporarily stopping the Uff inquiry into UDeCOTT and the construction sector.

On Friday High Court Judge Mira Dean-Armorer issued a temporary order halting the probe and the preparation of a report of proceedings so far, which was requested by President Max Richards.

Attorneys for both sides reached agreement to put everything on hold until a court hearings next year. The matter wiil be heard from February 8 to 12. The judge advised both sides to ensure that they are fully prepared since the commission is a "matter of public importance."

On September 25, Dean-Armorer granted UDeCOTT leave to file for judicial review in respect of several key decisions of the enquiry.

UDeCOTT has claimed bias against its chairman, Calder Hart. The judicial review seeks to challenge the decision of the commissioners that the enquiry remains valid under the common law.

The inquiry chairman announced last month that he had to suspend hearings indefinitely because of a legal technicality that had to be fixed.The commission had not been gazetted as required by law. Government said it does not know how the error occured but appointed former Appeal court Judge Anthony Lucky to investigate.

Part of UDeCOTT's argument is that the government cannot fix the problem to give retroactive legality to the commission. That has been in dispute and the government has introduced a bill in Parliament to validate the probe and give it retroactive legaility.

Attorney General Jeremie reacted to the news by saying he is "disappointed" and "concerned" about what transpired in the court.

On Thursday he had given Parliament an assurance that the proceedings of the commission would not be stayed. He brushed off suggestions that he misled Parliament when he introduced the validation bill, stating that at the time he spoke about the matter the hearings had not been stayed by the court.

"My belief was that having made my position clear, that UDeCOTT would pay some attention. I expected that they would follow through on it," he told local media, adding that, "I could not have been clearer."

He said the duty of the state was to protect the commission by introducing a validation statute but he cannot protect the commission against charges of bias or an allegation of bias.

He admitted that a lengthy delay before the matter goes to court is not in the public interest. "I think this thing needs to be resolved as quickly as possible one way or the other," but at the same time acknowledged that UDeCOTT has a right to defend itself.

Commenting on the court decision, former PNM cabinet minister Keith Rowley said UDeCOTT got exactly what it wanted. Rowley, who was fired for questioning the operations of UDeCOTT, said it was clear all through the probe that UDeCOTT wanted to delay or stop the proceedings.

"The only saving grace about the situation is that the sworn testimony and documents which were presented to the commission were done in the full public view and the public view of what is going on at UDeCOTT will not change," he said.

He expressed shocked that a State enteprise was derailing and the obstructing the commission in order to hide its shortcomings.