Rowley acted without discretion

However the Commission dismissed the Rev Junior Barrington (Skippy) Thomas’ allegations of impropriety against Rowley as having no basis in fact.

The harshest findings in the Report have been reserved for NHIC.

The Commission of Inquiry was mandated to investigate the circumstances leading to the removal of materials, machinery and labour from the Scarborough Hospital Development Project to Landate and to look into the circumstances surrounding the award of all state contracts to Warner Construction and NHIC during the PNM’s term of office.

Warner Construction, the contractor of the Rowley-owned Landate Development, had sub-contracted NHIC, which is also the contractor for the Scarborough Hospital Project.

Regarding Rowley’s involvement, the Report stated: "The Commission is of the view that having regard to his ministerial position, whatever part Dr Rowley played, it displayed a total lack of discretion and the Commission advises that he should be more sanguine in his relations in matters concerning the development of the project as further issues of impropriety may be raised, especially because he had a beneficial interest to which he has admitted."

The Commission stated that there was an abundance of evidence that materials and machinery were removed from the Scarborough Hospital site to the Landate Development between October 1 2003 and October 16, 2004.

The Commission said that having reviewed the testimony of all persons appearing before it, together with the exhibits, it found both in Law, and in fact, that the unfixed material on the Scarborough Hospital site " is, and was," the property of the employer (NIPDEC). It stated therefore that the "pretended claim" by NHIC that it owned the material, was "both unfounded and unjustified".

In the circumstances, it said, its observations and recommendations were as follows:

1) "That from the testimony of the witnesses...that the appropriate authorities should visit the provisions of Sections 2,3,4, and 21 of the Larceny Act Ch. 11.12 with a view to addressing the illegal Act (if so found by them) committed by NHIC by the removal of NIPDEC’s materials from the Scarborough Hospital site to the Landate Development Project".

2)"That NIPDEC should revisit its contract with NHIC, which it entered into on the 6th March 2003 to ascertain whether a fundamental breach has occurred by such removal and the enforcement of such right to damages, especially in the light of Clause 3 of the said contract." The Commission dismissed the allegations of impropriety levelled against Rowley by Skippy Thomas.

The Commission stated that the statement of Thomas contained "very serious allegations of impropriety" against Rowley. The Commission said it considered these allegations, especially those made in relation to a certain conversation alleged to have taken place between Rowley and James Duffy (of NHIC) at the presence of Thomas. The conversation was alleged to have taken place at the site of the Landate Development on October 4. The Report said a summary of the allegations was that NHIC was doing works at the Landate site "for free" as repayment for works given by Rowley as Minister of Planning. It noted that Rowley, while admitting that he may have been in Tobago on the date in question, denied in their entirety the allegations. "He admits that he is in Tobago at least every fortnight, and visits the site and reports the progress to his wife. He denied that he had ever given instructions to anyone," the Report stated. The Commission noted that Duffy did not appear before it to give any evidence, which left the Commission with the task of evaluating the uncorroborated evidence of Thomas.

In evaluating the evidence of Thomas concerning the allegations about the conversation between Rowley and Duffy, the Commission concluded that given the antagonism and acrimony between Rowley and Thomas, as well as Rowley’s blanket denial, it was unlikely that such a conversation took place (between Rowley and Duffy) in the presence of Thomas.

"The acceptance of the evidence of Dr Rowley in this instance, on the balance of probabilities, would negate any allegations of impropriety as was alleged by Rev Thomas," the Report stated.

The Commission stated that it had the misfortune to have been confronted with the most "irresponsible behaviour" from both Rev Junior Barrington Thomas and Rowley, in which the most vitriolic accusations were made against each other in the great political divide. "Unfortunately, the Commission did not have the judicial power to impose contempt proceedings on either or both of them," the Report said.

It added that this situation strengthened the Commission’s view that there was little likelihood that the alleged conversation of October 4 between Rowley and Duffy as evidenced by Thomas could have occurred in Thomas’ presence. The Commission said it accepted that Thomas was convicted on seven occasions, the last conviction being in 1997.

The allegations of impropriety which started the Landate Inquiry first came to light during last year’s Budget debate when UNC MP Ganga Singh made the revelations in the Parliament about the movement of materials and equipment between the Scarborough Hospital site and Landate. Shortly after, Prime Minister Patrick Manning announced that a Commission of Inquiry had been established to investigate Singh’s charges, among other things.

The Commission’s Report stated that notices inviting comments from Singh were forwarded to him requesting a comment or submission to the terms of reference of the Commission.

This was remitted to him on May 25, 2005. A notice also requesting a written submission or comment from Senator Wade Mark was remitted on the same day. Neither Singh nor Mark ever responded, the Commission said.

Manning had given the undertaking that the Report would be laid in Parliament. Sources said the Report is expected to be tabled shortly in the Parliament.