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 113 days.

Monday

Jearlean:  My life revolves around probe.

FORMER Works Minister Jearlean John on Monday said her life revolved around the Inquiry while, Commission chairman, retired Chief Justice Clinton Bernard, warned attorneys for former Works Ministry representative Peter Cateau against jeopardising John’s testimony. At Monday’s sitting neither of Cateau’s attorneys, Keith Scotland and Dawn Mohan, were present since they were before Justice Alice York Soo-Hon in the Port-of-Spain Third Criminal Court. Bernard recalled that on the last occasion when John was supposed to be cross-examined, Scotland was absent and Mohan said she would be ready to proceed if Scotland was again unavailable. He also revealed that a letter stating the reasons for the absence of Cateau’s attorneys was received late Friday evening by the Commission. Commission lead attorney, Theodore Guerra SC expressed disappointment over the absence of Cateau’s lawyers from the proceedings. Guerra suggested that if any indulgence were to be granted to Cateau’s attorneys, it should be “up to tomorrow (Tuesday) or else I will ask the Commission to have Peter Cateau question the witness”.

Tuesday

Former Security Manager never saw firearms contract

The FORMER Security Manager of the Airports Authority (AA), Dennis John, admitted on Tuesday that although he was aware that the Firearms Training Institute of which Tofeek Ali was part owner, got a contract to service firearms belonging to the AA, he never saw a copy of the contract, and did not ask about it. John said he didn’t think it was remiss of him not to make inquiries because when Ali’s firm was contracted to service the firearms, it was under the authority of  Leo Reyes. He said under his watch one Cpl Rattan of the AA, did the servicing of the firearms.

In response to questions from the Commission’s attorney Clive Phelps, John said the firearms would be removed from the AA premises to be serviced but he did not know of the arrangement, because it wasn’t under his portfolio. He explained that during the time the contract was given to Ali, Reyes was the holder of the firearm users licence for the AA. John said he had asked Ali to see the contract, but it was never shown to him. John said it was also possible that before he joined the AA the Defence Force may have serviced the firearms. John said he had been involved in security work for 39 years, and considered himself responsible. He said he gave advice on security matters to the AA Board, but while he reported to the Board he simply carried out the policies of the Board.

Wednesday

Airport project started without approval

THE Town and Country Planning Division (TCPD) did no checks to ascertain if  Birk Hillman Consultants (BHC) complied with several conditions before planning approval could be granted for construction of the Piarco Airport. In addition, former UNC Minister John Humphrey did not obstruct the Division in carrying out those checks. However, the Minister did frustrate officers of the Division by his directive that approval be given before an evaluation was carried out of an Environmental Impact Assessment (EIA). So said Carol Smart, Director of TCPD on Wednesday when she was questioned by Humphrey’s attorney Sean Cazabon. Smart reiterated that it was the first time officers were frustrated by a Minister.

She confirmed that construction of the airport terminal began without planning approval from the Division, which was not unusual. She agreed that planning approval for the Grand Bazaar was given after construction began, but said in that case the developers were not asked to submit an EIA. She agreed with Cazabon that since construction of  the airport began without planning approval, Humphrey could not be blamed, because he was not yet Minister of Planning and Development. However she explained that because of the size, scope and nature of the Piarco project, the Division wanted an assessment of the EIA. 

Thursday

Jearlean admits Cateau took action to save money

FORMER Transport Minister Jearlean John on Thursday agreed that the Ministry of Works and Transport’s client representative, Peter Cateau, took action to save money on the Piarco Airport Project, but insisted that most of them were based on her directive. At the time John was being questioned by attorney for Cateau, Dawn Mohan. She said one item on which Cateau caused savings to be realised was in the construction of two dog kennels. John agreed, after reading several documents, that Cateau authorised payment of $49,000 for the kennels, half the projected cost of $84,000. The latter price was submitted by contractors. She agreed that the bid price accepted by NIPDEC was not proper but added that if Cateau had been more diligent “three years before” 2002, there could have been more savings. John said at least he learnt something from her. Regarding the taxi booth, John agreed she was upset at the projected cost of over $1 million and that Cateau had brought the document which included the cost of the item to her attention. However, she said, he never pointed out the cost.

Asked by Mohan if she was aware that Cateau was concerned about the high cost, John said no. She said she was glad he thought so, recalling that she had created a scene when she saw the cost. Told that NIPDEC never responded to a letter from Cateau about his concerns, John said that didn’t surprise her. John also agreed with Mohan, after perusing documents, that Cateau supported her in asking for bids for small works on the project and had insisted, based on her directives, that it be done at a reasonable cost. On the issue of construction of the new fire station, when she was told by Mohan that Cateau had prepared a lengthy evaluation report seeking accountability, John again said she was glad Cateau was doing the job for which he was paid $30,000 a month.

Questioned about the interior/exterior works, and after reading several letters, John agreed with Mohan that it was not Cateau who had suggested that the work under CP7 be separated and put under CP 9. Earlier in her questioning, Mohan subtly tried to demonstrate to John that Cateau had no staff and had a heavy workload. But John, in a firm, strong tone, immediately pointed out that Cateau could not have been overworked because he never complained, and if anything he was “underworked”. Also at Thursday sitting, Tyrone Gopee reappeared with his attorney Carol Gobin. However his matter was adjourned to April 15, after he was denied a request for copies of statements or memos from witness Robert Boodoosingh.

Friday

Ag Customs Comptroller tells Commission: Gopee misled Customs

IN A bid to get quick clearance of equipment for the Piarco Airport Project, former Chairman of the Airports Authority (AA) Tyrone Gopee, misled the Customs and Excise Division by claiming the AA was exempt from duties based on a Cabinet directive. This came out on Friday when Acting Comptroller of Customs and Excise Ralph Newton gave evidence. Newton, led by attorney Theodore Guerra, SC, confirmed receipt of a letter from the Commission dated March 17, requesting information on whether the Division had any record of a Cabinet agreement showing the importation of goods, plant and machinery for the project was free of Customs duties.

Newton said he found no such agreement although investigations were continuing. However he submitted several letters from Gopee to the Division seeking waiver on duties on speciality equipment valued TT$180 million for use by US based Calmaquip. In one particular letter signed by Gopee with supporting approval stamps from a now retired Customs Collector, Gopee informed the Division that a ramp control tower to be used by Calmaquip was arriving in Trinidad on September 4, 2000 and for the project to be completed on time he wanted the equipment cleared.