Airport Inquiry — Week in Review

The Commission of Inquiry into the Piarco airport project has entered its second phase. That is the phase where persons who were implicated by the evidence of witnesses are summoned to appear to challenge the evidence by cross examination, direct evidence or by calling supporting witnesses. The commission has sat for 145 days.

Monday
Humphrey gets mad — Ask me what I know!

QUESTIONS as to whether the Canadian firm, Scott and Associates Incorporated (SAI) made a presentation to get the job as consultants for the Piarco Airport Development project — now the subject of a Commission of Inquiry — on Monday caused former Housing Minister John Humphrey to become angry and engage in a virtual shouting match with attorney Christopher Hamel-Smith, who represents Nipdec. At one point Humphrey was also engaged in cross-talk at the same time that Commission Chairman Clinton Bernard intervened to call on him to maintain his cool. Humphrey insisted that Hamel-Smith should only ask him questions about things he knows, rather than be asked to interpret information contained in documents. He even accused the Commission of allowing “witnesses to interpret things they know nothing about.” “Don’t ask me anything about what I don’t know! Ask me what I can answer and not try to implicate me about nothing I know about,” shouted Humphrey.

Humphrey also accused former Attorney General Ramesh Lawrence Maharaj of looking for excuses to stop the Piarco project and he dismissed Nipdec as incompetent and inexperienced with respect to the fast track method. Hamel-Smith kept repeating questions to Humphrey about whether or not Scott and Associates’ “presentation” was its bid to become consultants in the airport project, but Humphrey said Hamel-Smith’s “stubbornness” was only a fraction of his and maintained he should be cross -examined based on the evidence he gave to the  Commission. Chairman Bernard intervened on several occasions to call for tempers to cool down pointing out to Humphrey that Hamel-Smith was allowed to ask questions on any matter within the Commission’s terms of reference, and assured him that if Hamel-Smith went beyond that, he would be stopped.

Tuesday
Humphrey defends fast track method

FORMER Housing Minister John Humphrey who chaired the Inter-Ministerial Committee on the Piarco airport development project, on Tuesday defended the fast track method used to construct the Piarco airport development project. Humphrey said there were no risks involved in the method and he was perfectly satisfied that it was the wise and appropriate method to adopt as was recommended by Birk Hillman Consultants (BHC) who professed to be experts in the method. He said he would recommend the fast track method be used again, even today, because there was nothing in his experience on the project which persuaded him to take a second view of the method. He said the method only had advantages if properly applied. He also said Cabinet, based on his recommendation, approved the construction of the second floor connector without knowing the actual cost of the work. He said he had advised Cabinet that if they didn’t do the additional work now, it would be too costly later on. Users of the airport had requested the additional space.

Humphrey was being questioned for the second day by by Nipdec’s attorney Christopher Hamel-Smith leading Jonathon Walker. Humphrey’s “stubbornness” also continued and Chairman Clinton Bernard in anticipation of flared tempers, brought his gavel to control the sitting, However there was no need for it. Instead Bernard quietly warned Humphrey that he had to answer the questions asked by Hamel-Smith because the attorney was entitled to ask questions. Humphrey pointed out that based on Hamel-Smith’s questioning, it was a waste of time to get the truth, which he was there to give.

Wednesday
Inquiry adjourned over quorum

IN THE absence of one of the Commissioners probing the Piarco Airport development project, can the remaining four continue the inquiry? This question prompted Commission Chairman Clinton Bernard to adjourn the inquiry on Wednesday for the issue to be clarified. Bernard announced that he intends to bring the matter to the attention of the Attorney General out of an abundance of caution, so that Cabinet could advise the President to issue a fresh warrant to cover any group of commissioners sitting.  Former Government Minister John Humphrey was due to continue his testimony on Wednesday but Bernard raised the question with attorneys following his  announcement of the absence and illness of Commissioner Peter Bynoe. He said Bynoe’s illness is temporary and he is expected back within a week.

After listening to attorneys Sean Cazabon, Justin Phelps and Christopher Hamel-Smith, Bernard decided to adjourn the inquiry out of an abundance of caution. Noting the importance of the inquiry and the distance it has already covered, Bernard said he did not want to do anything to cause unnecessary recourse. Bernard expressed the view that under Section 3 of the Act, he and the remaining commissioners could continue hearing evidence. He also noted that a similar situation existed in the inquiry into the Elections and Boundaries Commission (EBC) when that Commission sat in the absence of one of its commissioners. Cazabon and Phelps shared Bernard’s view, but Hamel-Smith expressed concern about Section 2 of the Act.  He argued that the President has a discretion, and it has to be determined whether the President’s warrant had specified five commissioners or any group of the five — four or three. He said the matter has to be referred to the President for him to say whether he wants to exercise his discretion and introduce a quorum of four or three. Hamel-Smith said it would be practical to have the quorum of four or three, especially when the absent commissioner could read verbatim notes of  evidence taken. He said the failure to specify a quorum could have been an oversight.    

Thursday
Commission awaits advice on quorum

NO EVIDENCE was taken on Thursday because Chairman Clinton Bernard was awaiting the advise of Attorney General Glenda Morean on whether four Commissioners constitutes a quorum. Five Commissioners were appointed to the Commission. One of them, Peter Bynoe, is ill.  Friday Commission awaits AG’s advice

ATTORNEY General Glenda Morean was expected to give advice on Friday to the Commission on whether four of the five members of the Commission constitute a quorum and can hear evidence. On Friday when the Commission met for the 145th day Chairman Clinton Bernard said the Commission was still awaiting the “authorities” advice and as such did not intend to take any evidence. He added that he expected to hear from the “authorities by the end of the day”. As a result Bernard adjourned the taking of further evidence from Peter Cateau, the Ministry of Works and Transport client representative to tomorrow at 9.30 am. At that time lead counsel for the Commission Theodore Guerra, SC is expected to further question Cateau, providing the AG’s advice is given.

Cateau, in the absence of his lawyers Keith Scotland and Dawn Mohan, submitted several documents to the Commission. He was to have submitted the documents last week. The Commission’s hesitancy to hear evidence stems from the illness of one of the Commissioners, Peter Bynoe. In his absence Chairman Bernard is exercising extreme caution since there was no indication from the President when they were appointed, whether evidence could be heard by a quorum consisting less than the five members. The other members of the Commission are Keith Sirju, Marie Ange Knights and Victor Hart.