Kuei Tung not taking part

FORMER Finance Minister Brian Kuei Tung will not take part in the Commission of Inquiry into the Piarco Airport Project because of the criminal charges pending against him.

Kuei Tung’s decision not to take part was announced yesterday at the 107th sitting of the inquiry, where he appeared for the first time. Following the adjournment of the sitting, Kuei Tung told reporters it was his constitutional right to remain silent. He said: “I have nothing to add to the inquiry and I cannot due to the fact that I have charges over my head as I am before the magistrates court.”   Kuei Tung said that anything he said at the inquiry might be self incriminating, therefore it was not necessary for him to appear before the Commission. He said by issuing summonses for him to appear, the Commission was suggesting “they have their own agenda”.

Prior to this Kuei Tung’s new attorney, Leon Gokool, attempted on several occasions to submit arguments about the legality of the two summonses issued to Kuei Tung. He was stopped by Chairman Clinton Bernard who sternly told him the Commission’s only concern was whether he was ready to question the nine witnesses who were present. Bernard advised Gokool that if the summonses were good or bad, he could take the issue elsewhere — file for judicial review — because the Commission was not entertaining submissions.

During the 20 minute exchange between Bernard and Gokool, lead attorney for the Commission, Theodore Guerra, SC, observed that there was a pattern emerging which was intended to delay the conclusion of the Inquiry. Guerra said he hated to think that Gokool, a most junior attorney, was “being used in the ‘cats paw’ by his seniors to do their work”. Guerra urged the Commission to tell Gokool to either “put up or shut up”. Gokool objected, saying Guerra was out of line to suggest he was being used and called on him to apologise for trying to lower his standards. Gokool stressed it was Kuei Tung’s right to hire an attorney of his choice. Kuei Tung later told reporters his change of attorney from Reginald Armour to Gokool was no game but because of economic reasons. 

When Gokool announced at the sitting that Kuei Tung would not be taking part in either questioning witnesses, giving evidence or being questioned, Bernard commented: “That’s the best thing you have said so far.”  Gokool said Kuei Tung should be told of his right to remain silent, but Bernard reminded him that such a course would be adopted only if he was asked a question. Bernard later apologised for “being so strong”, saying too often the Commission had been asked for adjournments and had heard charges of being unfair. Gokool responded that if the claim was repeated frequently there might be some truth to it.

Before the adjournment, Bernard put into evidence through paralegal Mercedes Gabriel, when the summonses were issued. He also refused to relieve Gokool, insisting that he had to hear what was being put into evidence. Gokool refused to look at the summonses and a newspaper article which quoted Kuei Tung as saying he had received the summonses, but not the transcripts and said: “We are not taking part”.

The inquiry will continue today at 9.30 am when former NIPDEC Chairman Edward Bayley is expected to question witnesses who implicated him.