The probe into the controversial Cleaver Heights housing project by the John Uff Commission of Enquiry is now dead. It can be resurrected, but it will not be done by the Uff Enquiry.
This was revealed by Uff yesterday, during a news conference called at Richmond Street, Port-of-Spain, to deal with the allegations that his inquiry was operating illegally, and that there had been a delay in the hearing of the Cleaver Heights matter.

This was just another spoke in the wheel for the commission, which was appointed 12 months ago. Commissioner Israel Khan, SC, stepped down last month after he got into a heated clash with Calder Hart, executive chairman of the Urban Development Co (Udecott). Commissioner Kenneth Sirju stepped down last week, after allegations that he and/or his company had ties with NH (International), the firm contracted to construct the Cleaver Heights houses. Although he recused himself, Sirju denied the allegations. The Uff commission was appointed on September 9, 2008, and extended on December 10, 2008, to probe state-owned Udecott and the construction sector.
Uff told the media yesterday that it came to his attention on Saturday, while in England, that his commission was not gazetted, as required by law under the Commissions of Enquiry Act. He said others found out a day or two before. He could not say what events led to the discovery of the omission.

As far as Uff was concerned, this was a formality which could be cured at any time. But he said the opinion of most the lawyers in the inquiry were, that unless and until the inquiry was gazetted, the commission could not take effect under the Act, and therefore the powers provided by the Act were not available. “If and when action is taken to regularise the inquiry, it is suggested that publication in the gazette at that stage will not have restrospective effect and that a validating statute will be necessary,” Uff said. He said the timing of the revelation of the defect did not bother him, nor could be say it was a deliberate act.
Uff said the commission heard evidence and submissions over eight weeks. He said the commissioners were planning to hear evidence this week about the Cleaver Heights project. This probe would have dealt with defective and delayed work at Cleaver Heights. He also noted that the terms of reference for the commission, dated May 21, were not gazetted. Uff said a fresh commission would have to deal with this matter.

“If a fresh commission is to be issued, decisions will have to be taken as to who should be appointed as commissioners, and those commissioners will have to decide whether they will accept the appointment,” he said. Uff said even if the inquiry was deemed illegal by it not being gazetted, it remained valid under the common law as an ad hoc inquiry. Uff expects the first part of the report to be ready to be delivered to the President within four to six weeks, with the final part a month later. He pointed out that the parties had spent a lot of money preparing for this inquiry and they expected a conclusion.