AG: Govt seeking legal advice

Al-Rawi also said Government has received preliminary legal advice which raises serious questions about the contents of Las Alturas Commission of Inquiry’s (COI) report, the inquiry’s cost has now climbed to $40 million and the HDC has initiated civil action in the court against China Jiangsu, the contractor for two failed buildings in the Las Alturas project. Indicating the intial advice on the Inquiry’s report was provided from Fyard Hosein SC, dated September 14, Al-Rawi said the additional advice which Government will seek, “is in relation to the recommendation that this matter be looked at and explored with greater precision.” Referring to Hosein’s initial advice, Al-Rawi said the report needed to be analysed as to whether it was unreasonable, biased or whether there were breaches of natural justice.

In that exercise, Al-Rawi said, “one of the issues that might present itself based upon the evidence is whether there was mischief in public office by the last government in pursuing a COI in the manner in which they did.” In his legal opinion, Hosein indicated his advice was not intended to be the basis upon which to begin litigation.

Hosein explained this would be require a review of the entire record of the Commission. Al-Rawi said legal advice provided by Marc Rowlands QC of Keating Chambers in London advised the PP about the four year statute of limitation in which to act against China Jiangsu for breach of contract regarding failed Towers H and I.

Al-Rawi said Rowlands advised the PP, “don’t play reckless with it..

sue immediately...don’t risk a claim that is statute barred...proceed fortwith.” He said further correspondence in September 2014, showed that Ramlogan said he would seek further advice from Rowlands and advised the HDC to “hold its hands” on acting against China Jiangsu.

Al-Rawi said on October 3, 2014, Ramlogan sought further advice on the matter from Vincent Nelson QC, who said it was arguable that the four year statute of limitation could expire in March 2016. He said between November 2014 and the September 7, 2015 general elections, there were discussions between the HDC and the various defendants in the Las Alturas matter, for arbitration.

Al-Rawi observed that under the PP, “it is material to note that no action of a civil nature was taken against China Jiangsu.”