Retired Commissioner of Valuations Kenneth Subran yesterday expressed shock that a high density housing project such as Las Alturas was “erected on a former quarry site” where the land stability was “below average..”
Voluntarily appearing before the commission of enquiry at the Caribbean Court of Justice, Henry Street, Port-of-Spain, Subran submitted a three-page witness statement on February 18, during which he referred to certain disclosures made during the course of the inquiry’s proceedings.
Reading Subran’s statement into the record, the public heard from commission chairman Mustapha Ibrahim of Subran’s “shock to read press reports of this inquiry in which high density housing were erected on a former quarry site with disastrous results.”
In the statement, Subran wrote: “I was shocked to hear that the lands were acquired in 2002 when I was Commissioner of Valuations but I had no recollection of this acquisition. I contacted some of my colleagues who worked in the area but none could recall that the Valuations Division was involved in this matter.”
Subran, who retired in 2003, added in his general comments: “The site was an exhausted quarry in an area with below average land stability and the State authorities responsible for monitoring quarries is infamous for their failure to enforce the terms and conditions of quarry operations, especially the standard clause to restore or rehabilitate the site on cessation of quarry works. I see no evidence of approval of the structures or even of an application awaiting approval.”
He also said there was a marked absence of any documentation detailing the land acquisition and transfer of the property, as well as the necessary approvals for construction and continued development at the site.
Praising the commission’s lead counsel, Pamela Elder, for her input when “she indicated that the terms of reference required historic documentation on site selection,” Subran agreed with her that “otherwise, the COE will not be getting at the root of the problem but will be dealing with the consequences.”
Cross-examined by attorney Brendon Sullivan, who appears for the Urban Development Corporation of T&T (Udecott), Subran was told the site at Lady Young Road, Morvant, had been acquired under private treaty and, therefore, the rules set out by the Land Acquisition Act did not apply.
Appearing for re-examination by his attorney, Colin Kangaloo, yesterday, Udecott’s chairman Noel Garcia sought to clear up several issues which had emerged during the proceedings earlier in the week and which he claimed had cast him in a bad light.
Again questioned about the $27 million figure paid to Udecott by the Housing Development Corporation (HDC) to acquire the site, the former managing director of the HDC assured that a “basis” was used to calculate the price.
He said that included the $3.5 million price Udecott paid for the land initially; the mortgage it had taken out on it; the two completed blocks which contained 60 two-bedroom apartments; and infrastructural works which had been done to develop the site.
Asked why the HDC had not paid any stamp duty upon purchasing the property, Garcia explained that along with the provisions set out by the HDC Act of 2005, all documents were provided to the Board of Inland Revenue and all parties involved, agreed that it was not exempt from such tax.
Pressed to explain also the discrepancy in the agreed price for Phase Two of the project when China Jiangsu International Corporation (CJIC) proposed $72 million and the HDC later agreed to $74 million, Gracia said CJIC had failed to include a priced bill of quantities in their proposal.
Garcia concluded by stating the HDC had exercised “due diligence” on the project.
Adjourning the enquiry until next Wednesday when the HDC is expected to recall expert witness Frank Arland, Ibrahim heard that arrangements would be made to secure the Arland’s additional testimony via video link.
A similar set-up is to take place regarding the testimony of former executive chairman of Udecott, Calder Hart, but it is not known when that will be done.
Reminded yesterday he had to rule on an application for a witness summons to be issued for Udecott's former chief operating officer Neelanda Rampaul, Elder said Udecott's lead attorney Kathryn Denbow had failed to supply the commission with any material indicating that Rampaul had played a part in the particular project and she advised that until such time, no such order was to be made.