The attorney representing the company responsible for designing and building two of the housing towers in the controversial Las Alturas housing project yesterday called on the commission's chairman, Mustapha Ibrahim, and member Anthony Farrell to recuse themselves from the proceedings on the basis of apparent bias.
Attorney Emerson John-Charles, who is representing Civil Engineering Management and Services (CEMAS) and Steve Kistow Engineering Services, presented the applications minutes after the day's session convened around 9.30 am at the Caribbean Court of Justice, Henry Street, Port-of-Spain.
During the development of the site at Lady Young Road, Morvant, CEMAS held the portfolio of project manager, while Kistow, a civil engineer, was the designer of buildings H and I, which were later earmarked for demolition after structural faults became apparent.
John-Charles yesterday agreed to defer the application for Ibrahim's removal as he requested more time to gather records in support of that application.
However, he continued to present arguments in support of Farrell's removal.
John-Charles explained that the applications followed from last Friday's session during which Farrell sought clarification from Kistow regarding some of his answers, while he was being cross examined by Queen's Counsel Vincent Nelson.
Nelson is the lead attorney for the Housing Development Corporation.
At the time, Farrell, who is also a civil engineer, sought clarification from Kistow pertaining to his designs as it related to the preservation of life and prevention of collapse during an earthquake.
Following Kistow's answers Farrell commented that Kistow had violated special requirements and basic tenets of the profession.
Claiming that Farrell had gone "beyond asking questions to making comments" which he deemed serious, John-Charles said the proceedings were being televised live and reported in the daily newspapers, hinting that Kistow was under public scrutiny.
Informed by Ibrahim that Farrell's questions to Kistow were based on knowledge and experience in the field of civil engineering, the chairman pointed out that Kistow had an opportunity to respond and that he had provided certain answers to the questions.
Acknowledging that any member of the commission was entitled to ask questions, clarify points and get facts, John-Charles again repeated his arguments that Farrell's actions had crossed the lines and could lead one to believe that he had already formed a conclusion.
The only authority provided by John-Charles in support of his argument was a recent judgment in a matter emanating out of St Vincent and the Grenadines, on December 18, 2014, Mitchell v Georges, in which it was alleged that the lone commissioner in a similar enquiry had displayed apparent bias.
Referring to the commission's terms of reference, John-Charles repeated that Farrell's utterances could be interpreted as him forming a conclusion "when he should have been listening to evidence."
Immediately responding that Farrell had not been cross examining Kistow nor was he putting anything to him but had simply been "drawing out the witness on certain matters which the witness said he knew," Ibrahim later cautioned John-Charles about the "passion" he exuded as his voice kept rising during defence of his client.
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 includes 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 last December. Last September, Prime Minister Kamla Persad-Bissessar recommended an enquiry into the project after raising concerns about the two towers which had to be demolished.
Persad-Bissessar said Opposition Leader Dr Keith Rowley, who was a former housing minister under the PNM, as well as Emily Gaynor Dick-Forde, who succeeded him, have distanced themselves from blame. Rowley said though he welcomed the probe, it would be another waste of taxpayers' dollars.