TT’s longest inquiry

THE longest Commission of Inquiry in Trinidad and Tobago’s history ended on Friday, after 170 days of public hearings at the Caribbean Court of Justice, Port-of-Spain. It was the probe into the Piarco Airport development project which saw some 66 witnesses giving evidence. The Inquiry was at times fiery, with startling disclosures being made. Then there were days when the evidence was long and repetitious. The announcment last Friday that sittings had come to an end, brought sighs of relief and smiles, especially from members of the media, as well as an exuberant “free at last” by an attorney. However although the sittings have ended, the report is yet to be complied and recommendations made to President George Maxwell Richards. The deadline for the submission of that report is August 31. The airport was constructed under the United National Congress (UNC) government and officially opened in May 2001. The budget was $650 million but during the Inquiry, evidence revealed that the cost escalated to $1.6 billion. The Commission was chaired by former Chief Justice Clinton Bernard and included as Commissioners Marie Ange Knights, Victor Hart, Keith Sirju and Peter Bynoe. Bynoe fell ill last month, which forced the President to issue another warrant allowing the Commis-sion’s quorum to be amended for four Commissioners to hear evidence.

The Commission, which began sitting on August 23, 2002, named several persons and companies, both local and US based, as “subjects” of the Inquiry. Those “subjects” included fomer NIPDEC Chairman Edward Bayley, former Works and Transport Minister Sadiq Baksh, Ishwar Galbaransingh and his company Northern Construction Ltd (NCL), Tyrone Gopee and Ameer Edoo, both former Chairmen of the Airports Authority (AA), Ronald Birk and Edwardo Hillman-Waller both of Birk Hillman Consultants (BHC), the project designers, as well as Calmaquip Engineering Corp-oration. Other “subjects” were Nipdec, Jusamco Pavers Ltd, Damus Roofing Ltd, Electrical Trading Ltd, Thomas Peake and Co Ltd, Seereeram Brothers Ltd, Engineering Services Consortium and Krishendath Joe Ramkissoon of Lee Young and Partners. Incidentally, all the keyplayers in the project failed to participate in the Inquiry, all saying that the process was fundamentally flawed. Those keyplayers included Baksh, Galbaransingh and NCL. Former Finance Minister Brian Kuei Kung and Maritime General Insurance and Fidelity Finance and Leasing, were also summoned after being implicated, but they opted not to participate. Edoo began taking part as did Gopee aand Bayley, but they too later withdrew. Nipdec,  project manger for the airport project, was the only firm which participated fully in the Inquiry. Later all the local contractors named as “subjects” were cleared. BCH and Calmaquip, although indicating they would be available, last month wrote saying they would not question witnesses but would provide written submissions. Those submissions are due by tomorrow.

During the Inquiry both the Council of the Law Association and the Director of Public Prosecutions, wrote the Commission on several occasions either complaining about the way the Inquiry was conducted or seeking assurances that fairplay be exercised, in order not to prejudice the criminal matters before the Port-of-Spain Magistrates’ Court. Several persons and companies are charged with matters arising out of the project. The letters of complaint drew the wrath of Bernard, who vehemently repeated that nothing done at the Inquiry impacted on the criminal matters. Among the main witnesses at the Inquiry were two former UNC ministers, John Humphrey who chaired the Inter-Ministerial Committee and Jearlean John, who assumed the portfolio of Minister of Works in 2001. Humphrey who was portrayed as being the decision maker on the project defended himself, saying all his actions were approved by Cabinet. He insisted that at no time did he act of his own accord. He however admitted that the airport cost too much and that then Prime Minister Basdeo Panday was ill advised to remove the project from the AA and give it to Nipdec. Humphrey further suggested that the pricing of a $472 bi-fold door tendered at $98,000 by NCL in its bid for Construction Package number nine, was a “Trini/USA ratchifee.” He however strongly defended the “fast track” method adopted on the project, which some experts who gave evidence said should not have been used.

Humphrey too lost his cool at the Inquiry after he found Guerra was asking him repetitious questions and “things which I know nothing about.” Humphrey even threatened to withdraw from the proceedings if Guerra’s badgering had continued. Jearlean John in her testimony shed tears as she spoke of sabotage attempts against her efforts to have the airport opened. She recalled the uncomfortable obstacle-filled days she faced, but she said she was determined to do her job. She futher spoke of the abuse of the change order system on the project and labelled the Ministry of Works and Transport client representative as a “pompek” rather than the “watchdog” on the project. She said he always bypassed the Permanent Secretary and went straight to Baksh. John gave direct evdience for a full week and was questioned for a further four days. Cateau who appeared before the Inquiry on 25 occasions to give both direct evdience as well as to be questioned, alleged that Baksh knew the project would cost more than the budgeted amount, but preferred to keep it a secret for fear that the public would not accept the billion dollar project. Cateau complained of feeling like a bird in a cage saying he was restricted and constrained in his duties. He said the VIP lounge at the airport cost $11.1 million. Nipdec’s General Manager Margaret Thompson in her testimony at the Inquiry argued that the company could not peform properly because BHC held too much powers and the client, that is the Ministry of Works, refused to give him more power. She also spoke of being pressured by BHC and Cateau and accused John (J) of wanting to open the airport to coincide with Panday’s birthday. NIPDEC’s attorneys later apologise to John (J) for the statement which damaged her reputation. Thompson also spoke of alleged collusion between BHC and NCL as it related to the cost of variations and of Cateau paying BHC US$1.5 million without approval.

The Joint Consultative Council (JCC) also had its say at the Inquiry. But the evdience of its President Winston Riley abruptly ended, after Riley disagreed with Bernard’s decision to strike certain parts of his evdience off the record. Before that however, Riley too broke down in tears during his disclosure about injustices against it by the then government in favour of BHC. Another JCC member Emile Elias in his testimony said Panday knew of the “feeding frenzy” on the project, but yet he did nothing about it. Another JCC member Brian Lewis said a layman could have designed the airport. There was also evidence about Baksh increasing a contract to Calmaquip from $20 million to $50 million and David Scott the principal of Scott Associates Inc, which competed with BHC for the job of project designers, saying that he was mamaguyed by Edoo who was Chairman of the Cabinet appointed task force. His claim stemmed from the fact that when he was invited to make a presentation, he was under the impression that his company had been having exclusive negotiations with the AA.There was also evidence that Cateau, BHC and former Nipdec Director Trevor Romano called the shots on the project.