The findings and observations contained in the report of the $40 million Las Alturas commission of enquiry cannot stand.
That was the view of attorney Fyard Hosein, SC, in legal advice on the matter which was presented to Attorney General Faris Al-Rawi.
Al-Rawi presented copies of the executive summary of the advice to the media following yesterday's post-Cabinet news conference at the Office of the Prime Minister, St Clair.
The advice was received two days ago. He said the report was subject to judicial review and to be set aside.
Chairman of the commission, Justice Mustapha Ibrahim and other commissioners presented the report to President Anthony Carmona recently.
They were appointed in 2015 under the then Kamla Persad-Bissessar government to investigate the circumstances that caused the collapse of two of the apartment building constructed at Las Alturas, Lady Young Gardens, Morvant.
Al-Rawi told the news conference that the enquiry was set up as a political witch-hunt against Prime Minister Dr Keith Rowley, who was erroneously thought to have been the housing minister when the project started and himself, who was thought to be a director at the HDC at the time.
Al-Rawi said he was not a director when the project started.
According to Al-Rawi, the Las Alturas commission of enquiry “can stand only, truly and completely as a political witch-hunt which has resulted in the expenditure of close to $40 million which told us you should have sued China Jiangsu.”
Al-Rawi said the former government had not acted on written legal advice from Keating Chambers suggesting that the contractor should have been sued for the faulty work done.
“They sat down on this advice and pursued a commission of enquiry, which is a political witch-hunt,” he added.
Al-Rawi quoted from HDC documents to indicate that legal proceedings were being initiated against the contractor and others when “on September 29 , 2014, HDC's managing director and chief legal officer were summoned to the office of then attorney general Anand Ramlogan to meet with him.”
He said: “Copies of the documents were prepared and provided to him.
“The AG indicated that he had reviewed the opinion and would seek clarification...and that the HDC should hold its hands in the matter.”
Al-Rawi said on October 3, 2014 “instructions were received by email from AG Ramlogan to seek another opinion in the matter from Vincent Nelson, QC.”
He said Nelson advanced in his response that “there was an arguable case that the limitation period could be advanced as at March 2012 and would expire in March 2016.”
Al-Rawi said Rowley and Minister in the Office of the Prime Minister, Stuart Young, will also be seeking further advice on the matter “because there is a potential, if there has been interference by Dr Moonilal, Persad-Bissessar and (then AG) Anand Ramlogan, that this could be tantamount to mischief in public office.”
He insisted that “it was a dereliction of duty not to pursue China Jiangsu and others by way of civil litigation.”
He said HDC had filed a matter in court this year seeking to sue China Jiangsu International Corporation.