Uff report: Hart had too much power at UDeCOTT

The report of the Uff commission of inquiry has concluded that executive chairman Calder Hart had too much power at both the board level and among staff at the state agency.

The report, which has been obtained by NEWSDAY, also criticises the UDeCOTT’s board’s failure to raise "propriety and legality" questions in Hart's handling of contracts at UDeCOTT.

The report had recommended a police investigation of Hart, who is described as “the main driving force behind UDeCOTT and its activities." Hart quit his post on March 6 and left the country.

NEWDAY says a footnote in the report by chairman John Uff makes a series of criticisms of Hart and exposes a series of management failings at UDeCOTT.

“We are in no doubt that, throughout the whole period material to our inquiry, the main driving force behind UDeCOTT and its activities has been Mr Calder Hart...

“Even from 2002, some years before taking on executive function, it appears that Mr Calder Hart wielded powers which would be regarded as beyond those of a chairman, on occasions without prior reference to the board," Uff states.

“While Mr Hart’s actions were, tacitly, if not expressly, adopted by the board, the commissioners remain of the view that Mr Hart, even from 2002, was exercising powers beyond his then status," Uff finds.

NEWSDAY pointed to a reference in the report to an August 12, 2003 memo from then board member John Mair who complained that the chairman was “seeking to override or pre-empt the board.”

Hart was a director of UDeCOTT from its formation and became chairman in 2002; he assumed the role of executive chairman in 2005, taking over the functions of the CEO.

“We were not told why this change was thought necessary or expedient, but it appears to have had the support, if not the direction, of Government,” Uff observes.

“It is evident to the commissioners that Mr Calder Hart was regarded by the public as the personification of the alter ego of UDeCOTT...no major decisions were made without his knowledge and approval...

"In addition...no note of dissent was to be heard, even when actions were being taken on behalf of UDeCOTT which should have raised questions as to their propriety of even legality,” the report says.

With respect to the Ministry of Legal Affairs Tower project, NEWSDAY quotes the report as saying that nobody raised questions of the lack of a financial guarantee from the Malaysian parent company of CH Development/Sunway when Hart awarded the contract.

The circumstances around that contract are being investigated currently with reference to allegations that Hart knew of family links to CH when he awarded the contract. T

he conclusion of the report, according to NEWSDAY, is that Hart exercised a dominant role in the company.

"This has included personal involvement in the appointment of all senior staff, which has engendered a considerable degree of personal loyalty and an almost complete absence of dissent on any issue.”

The findings of the report are in contrast with the Government’s constant defence of UDeCOTT, Hart and the UDeCOTT board.

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