NH Int’l threatens to withdraw from Commission of Inquiry

The issue was raised during yesterday’s sitting by NHIC’s attorney Jason Mootoo, who claimed that some of the rules of procedure in the inquiry set out by the commission had been breached.

According to Mootoo, at the opening of the hearings on July 11, the commission explicitly stated that documentary copies of any oral evidence should be made available to anyone who may be prejudiced or implicated by that evidence, and that those persons should be allowed to respond to and comment on the evidence, as well as cross-examine the witness.

However, Mootoo said, while the evidence of Nipdec’s general manager Margaret Thompson, CEO of Udecott Winston Agard, acting director of contracts of the Central Tenders Board Suruj Baboolal, and witnesses Moona Ramroop and Siubert Gilbert were directly relevant to, and in some instances harmful to the interest of NHIC, advanced copies of statements and documentary evidence had not been forwarded to him.

He said he was not even aware of when these witnesses were scheduled to appear before the commission, adding that he had been unable to cross-examine Thompson, and that Baboolal’s evidence had been taken in the absence of NHIC.

The attorney then requested that his client be immediately provided with all documents submitted to the commission in which NHIC was mentioned, and advanced notice of the witnesses and order in which they were to be called. In addition, Mootoo requested that his client be provided with copies of transcripts of all evidence heard before the commission so far, as well as forthcoming evidence.

The commission’s lead attorney Trevor Lee SC, however, disagreed with Mootoo’s request. Reading the terms of procedures aloud and referring to a statement submitted by the chairman of NHIC, Emile Elias, Lee described Mootoo’s submission as one "without merit."

The matter was eventually settled with an assurance by Commissioner Annestine Sealey, that while Mootoo could not be provided with every document which referred to NHIC, he would certainly be given copies of the transcripts of the proceedings and anything said that could be deemed prejudicial to his client. "We will ensure you have everything you need to have," Sealey added.

Prior to Mootoo’s requests, attorney for Housing Minister Dr Keith Rowley, Reginald Armour SC had submitted that the evidence of Siubert Gilbert, which was heard on Wednesday, be struck from the record and that any further evidence to be given by him be aborted.

According to Armour, Gilbert is an investigating officer under the Integrity Commis-sion and was committing an illegal act by giving evidence at the Commission of Inquiry.

He said information disclosed to the Integrity Commission should be treated with confidentiality and that it was a "grievous" act for the commission to solicit evidence through an investigation officer of another commission. Armour said he had written to the Registrar of the Integrity Commission regarding the matter, adding that the commission ought to "stand itself down" as it relates to Gilbert’s evidence until it had liaised with the Integrity Commission.

The commission took a decision to stand down further evidence from Gilbert until further notice.

When the inquiry resumes on Monday, Thompson and Agard are expected to re-appear before the commission.

Sitting on the commission with Sealey are Dr Chandrabhan Sharma and Eustace Hobson.

Attorneys Andre des Vignes and Morris Valere appear with Lee for the commission, while Gilbert Petersen SC and Margaret Rose appear with Armour for Rowley.