The testimony of former executive chairman of the Urban Development Corporation of T&T (Udecott), Calder Hart, is the only outstanding piece of evidence to be heard before the Las Alturas Commission of Enquiry officially ends on March 31.
Revealing that Hart’s attorney Tecla Duncan had written to the commission around 10.22 am yesterday, requesting further disclosure of certain documents, the commission’s instructing attorney Alvin Pariagsingh said Duncan had assured that once that was done, Hart’s witness statement would be filed within ten days of receipt of the documents.
Responding to this, commission chairman Mustapha Ibrahim said ten days was “too long” and instead ordered that Hart’s statement be filed within seven days of receipt of the documents.
Yesterday was the last day of the sixth session at the Caribbean Court of Justice, Henry Street, Port-of-Spain, following which the proceedings were adjourned to a date to be fixed.
Ibrahim last week requested all attorneys to file their written submissions within ten days of the commission ending in order to aid the three-member team in its review of the evidence before it and for them to submit recommendations based on the findings.
Sitting for less than one hour yesterday, the commission granted Udecott’s lead attorney Kathryn Denbow leave to withdraw an application for a witness summons to be served on Udecott’s former chief operating officer Neelander Rampaul. Denbow last week requested the commission to exercise its powers and compel Rampaul to testify.
Rampaul resigned from Udecott on April 31, 2010; while Hart resigned on March 6, 2010. The 52-page supplemental witness statement by geo-technical engineer Frank Arland was also tendered yesterday by attorney Larry Lalla, who is appearing on behalf of the Housing Development Corporation (HDC).
Arland, of Mueser Rutledge Consulting Engineers of New York, first testified on April 7, 2015. Testifying via video link yesterday, Arland said he believed that if certain geo-technical work had been done at the site at Lady Young Road, Morvant, prior to the start of construction it would have identified certain anomalies which might have prompted further investigations before any construction had begun.
In response to questions from commissioner Dr Myron Wing-Sang Chin about the boreholes that had been drilled at the site, Arland said the borings done by Geotech Associates Ltd (GA) were “very shallow.” He also said such work would have indicated the sub-surface profile which would have been useful to those in charge.
Asked to say if he believed that GA had been professionally negligent by failing to perform certain tests at the site, Arland responded: “I don’t know if it was negligence or not. I think it was an omission in that they didn’t investigate the slope.” GA’s legal team of Justin Phelps and Annabelle Sooklal were not present yesterday to cross-examine Arland.
AT A GLANCE
The commission of enquiry was set up to investigate “the entire process which led to the construction of the Las Alturas Towers at Lady Young Gardens, Morvant, and all other acts, matters or decisions done or undertaken incidental to and including the construction” of the project, which include the procurement process.
Two multi-storey units of the Las Alturas housing project began falling apart after construction and the $26 million towers were earmarked for demolition. They were part of a larger project, which was originally budgeted at $65 million and then rose to $90 million. The commission is chaired by former Justice of Appeal Mustapha Ibrahim.
The other members include civil engineers Dr Myron Wing-Sang Chin and Anthony Farrell. Attorney Laraine Lutchmedial is the secretary. They were appointed by President Anthony Carmona in December 2014. In September 2014, former Prime Minister Kamla Persad-Bissessar recommended an enquiry into the project after raising concerns about the two towers.
The current opposition leader said Prime Minister Dr. Keith Rowley—who was a former housing minister under the PNM, as well as Emily Gaynor Dick-Forde, who succeeded him, had both distanced themselves from blame.
At the time, Rowley said though he welcomed the probe, it would be another waste of taxpayers’ money. The Commission’s attorneys include Senior Counsel Pamela Elder and Jagdeo Singh, instructed by Alvin Pariagsingh. Queen’s Counsel Vincent Nelson and Larry Lalla are appearing for the HDC.
Kathryn Denbow and Brendon Sullivan are appearing for Udecott. Vinda Maharaj and Kirt Walrond are appearing on behalf of the Ministry of Housing and Urban Development.
Justin Phelps instructed by Anabelle Sooklal are appearing for Geotech Associates Limited (GA). Emerson John-Charles is appearing on behalf of Civil Engineering Management and Services (CEMAS) and Steve Kistow Engineering Services.
Colin Kangaloo instructed by Danielle Nieves, appear on behalf of Udecott’s chairman Noel Garcia. Tecla Duncan appears on behalf of Calder Hart.