Calder Hart gets leave to challenge Las Alturas commissioners

Justice Eleanor Donaldson- Honeywell yesterday granted leave to Hart to challenge the findings of the report as well as gave her permission to have each of the three commissioners named as defendants in the claim.

As a result of the judge’s order, former chairman of the commission, retired judge Mustapha Ibrahim and commissioners Dr Myron Wing-Sang Chin and Anthony Farrell will now be defendants in the claim and they will be served by way of an advertisement in two daily newspapers for two consecutive weeks.

Permission was also granted for the Attorney General to enter the proceedings.

Hart is being represented by a team of attorneys led by Jamaican Queen’s Counsel Dr Lloyd Barnett and including Michael Bullock and Tecla Duncan. The AG is represented by Senior Counsel Fyard Hosein and Rishi Dass. A case management conference has been set for May 24.

The Commission’s report, which was laid in Parliament in September of last year, stated that Hart should be held responsible for the failed $26 million Las Alturas towers.

While the report advised that no criminal action be taken against anyone, under the heading “civil liabilities” Hart was singled out in the report.

“Mr Calder Hart was clearly the mind and the management of Udecott with respect to this project. He failed to do that which a prudent buyer would have done in the purchase of the land. He was required to do an inspection of the land before purchase and if he had done that he would have seen all the facts that operate against its suitability for the project. He therefore should be held accountable and liable for the losses sustained in the execution of the project,” the report stated.

Hart has gone on record to say he did not find the report to be fair. He also labelled the report as “procedurally flawed” and “defective in substance”.

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 include the procurement process.