Tuesday February 9th, 2010
- Last update:13 hours 47 min ago
Lawyers: New Udecott board will protect public’s interest
Published: 11 Oct 2009
The Urban Development Company (Udecott) board, headed by Calder Hart, should be fired, and another board put in place, in order to protect the public’s interest, so there is no longer any threat to the Uff Commission completing its deliberations and publishing a report. Prof John Uff heads the investigation into the operations of Udecott and the construction industry in T&T. These comments by three prominent attorneys came yesterday, in the wake of Friday’s development in the Port-of-Spain High Court. Negotiations between Attorney General John Jeremie and attorneys for Udecott resulted in an agreement before Justice Mira Dean-Armorer that effectively saw the Uff Commission free to resume sittings. Hearings before the commission had been put on hold, while Udecott argued a judicial review matter over the decision by Prof Uff to continue hearings although the inquiry was not gazetted. Lawyers for Udecott, the commission and Jeremie’s legal representative, appeared before Justice Dean-Armorer on Friday and it was agreed that hearings would be allowed to resume, but the commission would give Udecott 28 days’ notice, should it decide to proceed with further hearings or publish any part of its report.
Yesterday, Senator Dana Seetahal, SC, said in a way it was “inevitable” that the inquiry would have been allowed to proceed. She said it was a shame, though, that it seemed hearings would be completed and a report submitted three or four months later than Uff originally predicted. Seetahal said it would be two years at least, after the initial complaints about Udecott by former Minister Dr Keith Rowley and talk of setting up the commission, that the country would see Uff’s report. She was sure that a report would eventually emerge. Seetahal was asked to comment on speculation that Udecott would likely use the agreed 28-day notice to tie up the publication of a report in the courts. “If Government permits a 100 per cent-owned company to thwart its will in this obvious way, then we will know that Government has been colluding with Udecott all along.” She said it was a “simple matter” for the government to fire the Udecott board and if it allowed Udecott to stall the commission’s work, then it was obvious Government was trying “to trick” the nation. “The board of Udecott cannot function properly outside the will of the government, seeing as the government has the option to fire the board at any time.”
Khan detests use of public funds
Former Uff Commission of Enquiry member, Israel Khan, SC, who resigned after Udecott claimed he was biased against the company and its chairman, told the Sunday Guardian yesterday that Udecott had every right to defend itself in court. “Udecott has a constitutional right to go to a court of law and file for judicial review, on the grounds that commissioners were biased against Udecott and Calder Hart. “And nobody should begrudge them that right, because that is the price we have to pay for democracy and the rule of law. “The court granted them leave for judicial review, then the court believes they have a good case to argue. “What I detest is Calder Hart, in his capacity as a private individual, is using public funds to defend himself in a court of law. “Calder Hart, as Udecott chairman, must be separate from Calder Hart the individual, and we have spent millions on the Uff Commission already,” said Khan. He added that he was very happy the commission could now proceed with preparing its report, and if necessary restart hearings.
Maharaj: Udecott could still frustrate inquiry
Former attorney general, Ramesh Lawrence Maharaj, SC, believes the latest legal twist is not totally satisfactory. As he put it: “It is not good enough for it to be said that the order was vacated and the inquiry would restart. “Nothing would prevent Udecott from taking the same point and going back to the court to frustrate the inquiry. “Nothing prevents Udecott from trying to prevent the report from being published.” According to Maharaj, this legal development was yet another “smartman thing” being perpetrated on the populace. He called for the board to be removed. “The people must not accept anything less. “The Udecott board must resign or be fired and a new policy adopted, so there will be no attempt to prevent the inquiry at a later stage or nullify the report of the commission. “If Calder Hart wants to take personal action, let him pay from his own pocket, not use taxpayers’ money.”
Yes, Mr Khan, UDECOTT has
Yes, Mr Khan, UDECOTT has every right to defend itself in any court but who makes the decision to seek legal means? UDECOTT or Corporation Sole? With apologies to Spoiler, it is a case of "Himself suing himself."
Rik Hansel
Should the board be fired
Should the board be fired and replaced, one can be almost absolutely sure that the politically appointed successor board will seek to protect its predecessors on behalf of corrupt officials.
Government is shielding the present board in order to shield itself from exposure as corrupt. Corruption is endemic in the administration's body politic.
The very loud SC Khan continues to generate great cynicism in the public eyes. He “doth protest too much”. His admitted abrasiveness continues to seem useful in the scuttling of the Commission. He is now justifying the board's usurpation of power.
The argument that: “Udecott has a constitutional right to go to a court of law and file for judicial review, on the grounds that commissioners were biased against Udecott and Calder Hart" is untenable since bias against UDeCOTT arises only through public perception of its corrupt officials. Calder Hart has a right to protect his personal interest, not the interest of UDeCOTT against its owners.
No one wants to dismantle UDeCOTT the State Enterprise, but merely to remove it from possibly corrupt hands.
UDeCOTT is an instrument, and its manipulators are the villains.
Should Government remove the current board, all its members would retain the right to pursue legal action for whatever abuses or losses they may have suffered.
The analogy of UDeCott and its board is that of a ship and its crew.
The crew may sue employers, but may not commandeer the ship against its owners nor join it in litigation.
MFRahman
Exchange, not change, would
Exchange, not change, would result if you fire Mr Hart and Co., and you proceed to appoint a new Board which essentially operates just like the fired Board. Would that make a fundamental difference? The solution probably lies with fixing (bringing them under the control of the line minister, Parliament, PAEC, auditors etc) the relationship between the 'Corporation Sole' and the Board and setting rules to bring them under proper public scrutiny. By setting up those special purposes companies, this clearly appears not to be the desire of the Executive.
ajfyzabadbutlertown
The UDECOTT Board needs to
The UDECOTT Board needs to be fired, and replaced by some 'caretakers' in the interim, who report to a Minister (any suggestions ?). The Minister would be held accountable for any ongoing actions. Why is EDECOTT able to operate like a private corporation when it is owned by the Gov't and accountable to it?
Special purpose companies or entities 'smell' of the very reasons that brought down Allen Sanford and more recently CLICO (still unresolved). While there is a UDECOTT investigation underway, forensic auditors should also be involved. The operating of UDECOTT is not dissimilar to CLICO - allowed to operate in a 'rogue' manner, without proper accountability.
Do we ever learn from past behaviour ? Clearly the Gov't doesn't want to.
You all are getting this
You all are getting this thing all wrong .. THE GOT&T DOES NOT OWN UDECOTT .... THE PEOPLE OF T&T DO!
This incompetent and corrupt Gov't is there to administer what is in the best interest of the Nation. They are the people's servants, they are your servants and if they are not doing the jobs they are paid to do ...
THEN FIRE THE WHOLE LOT OF THEM ... MANNING included!
If they won't leave on their own ... SHUT DOWN T&T until they do!
Khan has lost all
Khan has lost all credibility and the less he says the better; people will eventually forget.
I came across a useful quote from Plato at Church today which I'd like to share with fellow bloggers as it transcends all races, religions and faiths in its universality, timliness and timelessness:
"Wise people talk because they have something to say; fools, because they have to say something". (Plato).
We have been saying all along that Hart and his Board should have been shown the door a long time ago and be replaced by persons of impeccable character, integrity and competence and patriotism. By now they must have well covered their tracks, but records can be re-constructed. It's still not too late for this Government to act, unless of course, they have dark secrets and dark deeds to hide.
Eventually these will come to light, one way or the other.
The Prince - Man of
The Prince - Man of Wisdom
Good Morning my friend.
I hope you said a prayer for us all. We need every bit of help we can get, including devine intervention.
------------
However, I do believe that it is in the best interest of this country that the entire Board of Directors of UDeCOTT be fired and a new board be appointed. Because as long as Messrs. Caulder, Bahadoorsingh, Cherry, Annisette, and Dottin remains on the board we cannot be certain that they would not make another disruptive move to the Enquiry. We cannot continue to be sitting on pins and needles, waiting for the next penny to drop.
I do not have supporting evidence to put on the table, but I do have this strong impression that our Men and Women at the helm are not working in the interst of the people of this nation. They are taking us for a ride.
Mr. Manning remember that you are the Prime Minister of T&T and took your Oath to serve this nation. Well, now is such a time, step up to the plate and make an executive decision and FIRE the entire Board of Directors of UDeCOTT, and appoint a new Board.
Gardenia
Gardenia, more power to the
Gardenia, more power to the Flower. How flattering are thine words. Sometimes thou hast to visit the Divine Temple to recalibrate thine moral compass and to listen to the inspiritional Word, but rest assured my Flock, mine prayers and blessings are with thee at all times.
"For what does it profit a man to gain the whole world but to lose his soul?"
"Lay not up for yourselves treasures upon earth where moth and rust doth corrupt, and where thieves break through and steal."
I leave you and UDECOTT with these precious words this good Sunday.
Pax vobiscum.
Ille Princeps.
Everybody is avoiding saying
Everybody is avoiding saying the obvious that there is someone who is more powerful Than Mr Calder Hart who is mortally afraid of this report coming to light.This person will do all in his or her power to block this report.The stark manifestation of dictatorship would be revealed for all to see.Everybody know there is a big nasty elephant in the room but they are afraid to look at it.We need more people like Ms Dana Seetahal and Mr Lawrence Maharaj strong independent people.There is an army of bloodsuckers and parasites guarding this elephant.We need an army of patriots to defeat them
Corruption is alive and
Corruption is alive and doing very well in "Sweet T&T" . UDeCOTT is a creature of the Prime Minister , Patrick Manning and Calder Hart , the executive chairman , is the PM's chief minion . Dr. Keith Rowley , as line minister tried to remove Hart but Manning fired Rowley from the cabinet . Manning called on Rowley to give an account of the "missing ten million dollars" pertaining to the Cleaver Heights Project . Dr.Keith Rowley also prevailed against the former Integrity Commission when he took then to court - they resigned , with egg on their faces . The President of the Republic of Trinidad & Tobago appointed another Integrity Commission which failed before it's first meeting and at present , there is no IC in "Sweet T&T" . This situation is scandalous and the PM's silence is deafening . Yes , I agree that the entire UDeCOTT board of directors should be fired but Manning will replace them with more of his minions . The PM is supporting the actions of UDeCOTT and Hart & Co. are doing his bidding . The AG , John Jeremie , must also adhere to the instructions of the PM .
I , therefore , would like to opine that this is the scandal show of Prime Minister Patrick Manning .
"Where there is NO VISION , the PEOPLE PERISH" .
ATW-Barbados .
It is amazing to me that so
It is amazing to me that so many people are calling for the removal of the board as if it would solve the problems. A new board would be just as corrupt because it would be appointed by the same corrupt government. It is also amazing to me that so many people are surprised that there is corruption in UDeCOTT. This company was formed by corrupt means. It was conceptualized by Mr Manning to bypass the tendering process and other safeguards to prevent corruption. Why wasn't there protests then to prevent the formation of this company? Why isn't there protest now to dissolve this company instead of replacing the board?
If we continue to behave foolish, we will continued to be treated as though we are fools!!!!
....not yet satisfied with
....not yet satisfied with his efforts to scuttle this inquiry, Khan's big mouth continues to roar...(This blog entry has been edited because of unacceptable language)
WASN’T CLICO BOARD REMOVED
WASN’T CLICO BOARD REMOVED -
What is the difference? This was done to protect its interest by the same government saying that it was in the interest of the country and taxpayers.
The Simple
The Simple Solution...?
...we, the people should insist that the Finance Minister, who is the custodian/guardian of "Corporate Sole", UdeCOTT which is wholly owned by the people of Trinidad & Tobago, be de-registered forthwith and closed so a to protect our national interest and prevent any further activities, including "bleeding of our finances", whether corrupt or otherwise, until a full and comprehensive forensic audit is completed...!
...as it is, UdeCOTT is not a priority in T&T right now as compared to other needs of the people, which are not being given the required attention by government...!...there are many, many other pressing priorities for this government right now, other than "tall buildings" with empty spaces...just for looks...!
...then lets see what the Executive Chairman and his merry band of "wanna be" Directors will do...they can go home and play with their marbles and play house, or businessmen or whatever, but with their own darn monies, not with ours...at least till the forensic audit is completed, and then we will be ready to "accommodate them" somewhere in our judicial/penal system...if it comes to that...which to date has all the markings...!
...but until then...lets just get the whole darn UdeCOTT shut down for our people's sake...we don't need them at all...lets get real folks..we are just being plain "hoodwinked" by them all...!
Goodluck...!
Trini.t.o.o
This is exactly what I am
This is exactly what I am thinking.
Companies have workers and managers and manufactures products or provide services. They do this to provide dividend to their shareholders. Can UDeCOTT do this for its shareholders? Will UDeCOTT ever make a profit? What is it manufacturing or providing? Why is it called a company anyway? It should be scrapped immediately!!!