Tuesday February 9th, 2010
- Last update:15 hours 4 min ago
Lawyers return to court:
Uff inquiry back on track
Published: 10 Oct 2009
The Uff Commission of Enquiry into the operations of the Urban Development Corporation of T&T (Udecott) and the construction sector is up and running again. When it seemed that the inquiry would be on hold for an indefinite period while Udecott argues a judicial review matter, lawyers for Udecott and the commission returned to the Port-of-Spain High Court yesterday and settled public concerns. On October 2, by a consent agreement between lawyers for Udecott and the commission, it was ordered that Uff’s report, even if it was completed, could not be released or published until a judicial review case filed by Udecott was completed.
It was also agreed that the substantive case would be heard between February 8 and February 12, 2010. The agreement stated that counsel for the defendants (commission) gave an undertaking that there would be no reinstatement or resumption of the inquiry by way of further hearings or reception of evidence, preparation, publication or dissemination, of any report until the hearing of the judicial review application brought by the claimants, Udecott. Udecott had gone to the Port-of-Spain High Court, seeking a review of the decision of the commission to continue hearings, although the inquiry was not gazetted. The state company is also claiming bias against former commissioner Israel Khan and present commissioner Kenneth Sirju.
Yesterday, the parties were back before Justice Mira Dean-Armorer. British Queen’s Counsel Andrew Goddard and Devesh Maharaj appeared for Udecott, and Ian Roach and Kerwyn Garcia for the commission. But before any order was arrived at, the judge wanted to hear from the Attorney General. Michael Quamina appeared for the AG and gave his approval for the order that would be agreed upon.The judge moved the dates of the judicial review matter forward. Hearings will now take place on January 11, 12, 15, 18, and 22. The commission, through its counsel, gave an undertaking to give Udecott 28 days’ notice, should the commission decide to proceed with any further hearing of the inquiry, or to publish any part of the report.
The commission has until November 13 to respond to the claims of Udecott. The state company has been given until December 11 to reply. Written submissions for both sides must be filed by January 7, and the following day, the judge will hold a pre-trial review, to ensure that all is set for the trial. The final part of the inquiry was due to start on September 7. But it was derailed after it was discovered that it was not gazetted. Attorney General John Jeremie moved swiftly to save the inquiry. The Senate passed the Validation Act last week, to validate the work of the commission. That means all the evidence taken at the inquiry in the last eight months will be saved and used for a final report. Speaking in Parliament on September 11, Jeremie announced that retired Justice of Appeal Anthony Lucky would conduct an “urgent probe” on how the Government failed to comply with the legal requirement to publish in the Gazette, the holding of the commission of enquiry.
Lucky handed in a six-page interim report to Jeremie on September 16, before he flew out to Hamburg, Germany, to sit with the other judges of the International Tribunal for the Law of the Sea (ITLOS).
Allyou quit stalling nah. Is
Allyou quit stalling nah. Is only when somebody have 'cocoa in the sun they does look our for rain'? Jump high, jump low, the story must come out some day. Trinidad and Tobago is a small place.
ajfyzabadbutlertown
The contents of Justice
The contents of Justice Lucky's report must be made public. It must not become one of JJ's little secrets. The non gazetting of the COE was to my mind a very sinister act that was allowed to take place with the consent of high officials. I also believe those high officials were the ones who initiated the non action.
One has to choice but to wonder if other COEs were gazetted. Some investigative journalism needed here, please. Also can someone outline the process by which gazetting is initiated and proceeds?
Thanks.
Gospelspy, that was my
Gospelspy, that was my stance fm day one: the non gazetting was the time zero mechanism, the big bang theory, others is just by the way. Someone recommended not to gazette and they fully knew the law,, but I always ask why did Prof Uff and his legal eagles not go through the checklist to see that all groundwork and protocols were in place? why oh why? these highly paid people did not spot this? a check list I say is very important before you start any project, tick the box guys..
And today in London: up to
And today in London: up to 100 MPs; Auditor examining claims re expenses, in the background quietly, we never hear a word up here, we dont have MPs going to court to stop it, to prove bias, to stop publication, no appeals will reach the European courts. MPs will be asked to pay back, they will be allowed to challenge the recommendations of Sir Thomas Legg. Those who challenge will get 3 weeks to make representations, provide evidence to clear their names before being referred to a parliamentary committee.
See all this done by the Mother of Parliaments, by first world democracy, no one says a word to stop it for fear they have something to hide. NO running to the Supreme court.
In TT so much legal battles to stop everything. Professor Uff must be laughing at TT but quietly as he is getting his salary. When will TT become a true democracy?. I know someone said what they do is democratic, its their rights but its all so chaotic, all these enquiries into enquiries into enquiries, all these court cases, its a headache. Grow up and trust the people set up to do their work.
FOR HOW LONG
FOR HOW LONG -
Back on track with the kind permission of UDECOTT board and we must report to them before we continue. What kind of damn foolishness is this? Has there been a constitutional COUP in our country, is this a white collar ABU BAKR. This is what I call assed backward. Who is guarding the guards? I am fed up with the opposition and Labour Unions. I now ask the true power brokers in T&T to fire the UDECOTT board. I now place my trust into the hands of THE CHAMBER OF COMMERCE they will get it right with one communiqué. Don’t send a black boy to do a man’s job send a white boy. It takes a white boy to defeat a white boy.
...we disagree profoundly
...we disagree profoundly with your last two sentences...it's not true and it cheapens your argument.....
Zando , I agree with
Zando , I agree with fairplay . Calder Hart is more powerful than the line minister for UDeCOTT , remember Dr. Rowley wanted him fired and the PM kicked Rowley out of the cabinet . The AG wanted the Uff Inquiry to continue but Calder Hart wanted it stop - Hart is getting what he wants . Massa day done , eh ?
ATW - Barbados .
ZANDO TELL THE PNM
ZANDO TELL THE PNM -
It was they who fooled my grandmother and tell her Massa day done. The amount of tambram ball and thing she sell for PNM. She was a party group member, and I and my DJ pardners used to play free for them to raise funds. She is dead and gone, but PNM has betrayed the trust placed in them by the dock workers, the servants and others who would give their meagre earnings to support the party. It hurts my heart to see what is being done. It is unconscionable. Rowley and previous ministers could not reason with them all were moved or got fired. The AG could not reason with them they made a fool of him in parliament. But one pronouncement by the Chamber and things change immediately. Monkey know what tree to climb.
....ah yes, the power of the
....ah yes, the power of the people...vox populi and all that...but this is not the time for complacency, as there are big fish on the line here and, as we type, there are several prominent legal minds, least of all JJ's, that are exploring and devising ways to kill this inquiry...we watching this one close...
This is a further farce
This is a further farce meant to appease the public.
It does NOT restart the commission per say. The Commission called Calder Hart's wife to witness, and was to hear further testimony from Karl Khan. UDeCOTT was also supposed to respond to the letters issued by the Commission. These are things that the organisation wishes to avoid at all cost.
The Commission is STILL stalled, since within the 28 days notice, UDeCOTT can bring further motions to prevent sittings, can claim that witnesses are now unavailable (christmas holidays after all) and cite the upcoming case in January as reason for not responding.
This has gotten us nothing.
The decision to order the Board of Directors of UDeCOTT to step down still faces the Prime Minister . ALL court action must be stopped.
UDeCOTT has NO RIGHT to Defend itself and challenge investigations initiated by the People of this country into its operations. We are the 100% shareholder, there is no Interest but Our Interest. Allow the Commission to fully hear all its witnesses and gather its evidence, and UDeCOTT must answer the questions that have been posed to it.
The Board which is responsible for acting against the public's trust and the interests of its 100% shareholder must go.
Seems they have all taken a
Seems they have all taken a long holiday until January 7 2010. Is is holiday with pay, I wonder? These lawyers really know how to milk a cash cow. Meanwhile, it's business as usual for Manning and his sweethart. Plus ca change....