As the commission of enquiry into the $40 million Las Alturas housing project held its procedural hearing yesterday, several people were ordered to be made parties to the proceedings by chairman Mustapha Ibrahim.
Among them was structural engineer Steve Kistow who was deemed an "important witness" and officials of the project contractor China Gansu International Corporation (CGIC).
Both had declined to attend the hearing, despite having been invited by attorneys representing the commission.
The hearing took place at the Caribbean Court of Justice, Henry Street, Port-of-Spain. Pamela Elder, SC, and Jagdeo Singh, instructed by Alvin Pariagsingh are representing the commission.
Indicating the willingness by the Housing Development Corporation (HDC) and the Urban Development Corporation of T&T (Udecott) to be listed as parties to the proceedings, Elder said other organisations invited to attend yesterday's hearing included Geotech Associates Ltd, C E Management and Services Ltd (CEMAS), S Kistow Engineering Services, and Planning Associates Ltd (PAL).
Vincent Nelson, QC, and Larry Lalla are representing the HDC, while Katherine Denbow appeared on behalf of Udecott.
Both sets of attorneys indicated their clients intentions to co-operate with the commission, while Martin Andrews of Geotech Associates Ltd and Ian Telfer of C E Management and Services Ltd confirmed their willingness to participate in the proceedings, respectively.
Requesting Ibrahim to hold off on making a decision about whether or not Planning Associates Ltd (PAL) should be made a party to the proceedings, Elder said they were still reviewing documents received last Friday to determine if they should be called as a commission witness.
"We have looked closely at the summary of the events outlined in the letter submitted by PAL.
"In the circumstances, I would kindly request if no petition is made today with respect to PAL being made a party to the proceedings," she said.
Elder added: "We would like to give the most detailed consideration to the documents submitted by PAL and make a determination whether it would be in the best interest of the enquiry whether PAL is called as the commission witness."
Representing PAL, Winston Riley sought clarification from the commission chairman on what exactly it meant to be a "party to the proceedings" and what rights were afforded to such named people.
Ibrahim later explained that such a person was entitled to an audience before the commission, to examine and cross-examine witnesses, and make submissions.
Labelling his organisation a "voluntary witness," Riley said they were prepared to co-operate fully and hand over any documents which may be required.
He was later cautioned by Ibrahim that his utterances were bordering on the realm of evidence.
Ibrahim assured him that they would be granted an opportunity to speak if it was determined that they should be made a party to the proceedings.
Addressing the issue of Kistow's non-appearance as he claimed he had been hired by CEMAS, Elder said he played a "very important role" in the project.
Invited to briefly elaborate on this by Ibrahim, Elder listed, in chronological order, dates and times of site visits, meetings and subsequent reports and recommendations.
She said although the company S Kistow Engineering Services was contracted to complete the design, "Steve Kistow is the structural engineer whose stamp appears on the drawings."
Elder said Kistow owed an independent duty, as well as a statutory duty under the Engineering Act of T&T, to appear before the commission and would also be able to advise on the procedures adopted during the project.
Seeking to underscore the importance of Kistow appearing before the commission, Elder presented excerpts from various site meetings, dating as far back as 2009, in which the question of soil stability first arose, changes were made to the building alterations and retaining wall design, and cracks first began appearing in the retaining wall south of Building H.
Requesting at least two weeks to file their witness statements, Nelson said they had a total of seven witnesses lined up but that arrangements would have to be made to ensure those abroad could be available for the next hearing.
Among them is former managing director of the HDC Noel Garcia who now lives in Ghana.
Denbow indicated that Udecott's lone witness so far, project engineer Atiba de Souza, was in T&T.
Telfer and Andrews each assured Ibrahim that they too would be ready to proceed.
Elder requested that the next hearing, scheduled for February 2, be vacated as they were expecting a huge volume of material to be analysed.
Following submissions from all parties present, Ibrahim adjourned the enquiry to a date to be fixed.