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 so far sat for 124 days and will resume on Tuesday at 9.30 am.

Monday
NIPDEC: It was inappropriate to complain at site meetings

ALTHOUGH NIPDEC had concerns about issues on the Piarco Airport project, its representatives chose not to raise those concerns at the inter-ministerial committee meeting because they felt it wasn’t the appropriate place to do so. That was the opinion of NIPDEC’s General Manager Margaret Thompson who said the matters were instead discussed “privately at appropriate levels”. Thompson was on Monday questioned by attorney Sean Cazabon, who represents John Humphrey, the former Minister of Housing and Chairman of the Committee. Thompson agreed NIPDEC had concerns but not all of them were raised at the site meetings. She identified some of those concerns as relating to the second floor, the tug tunnel and the use of American suppliers to provide materials instead of locals.

Thompson disagreed with Cazabon that it was appropriate to raise the concerns at the site meetings, where it could have been recorded. She said at a meeting where senior Cabinet ministers presided it was not right to complain and the matters were instead raised “privately at appropriate levels”. Asked by Cazabon if it was open to NIPDEC to raise the issues at the meeting, Thompson insisted it was not. Asked if she was saying it was not possible for NIPDEC to raise the matter at the meetings, Thompson said it was a choice made by NIPDEC.

Tuesday
Inquiry stopped — Bernard silenced by aching tooth

A TOOTH extraction on Tuesday forced Chairman Clinton Bernard to adjourn the sitting without hearing any evidence.
Bernard, who is usually very vocal in his chairing of the inquiry, was notably quiet and had to prop his right cheek up with his hand throughout the five-minute sitting. He also failed to announce the reason for the adjournment, except to say it couldn’t go on. However, Newsday later was reliably informed that Bernard had had a tooth extracted. When the 122nd day of hearing began just before 10 am, Tyrone Gopee, the former Chairman of the Airports Authority (AA) appeared with his attorney Carol Gobin leading Nicole Mohammed.

They were expected to begin questioning witnesses who had implicated Gopee. But Bernard holding his right cheek, which was swollen and speaking in a somewhat muffled voice, only enquired from Gobin whether she had received transcripts of evidence relating to Gopee. Gobin acknowledged receipt of the transcripts and pointed out that she had learnt Bernard was unwell. Bernard, obviously in pain and trying to mask his discomfort, did not respond to Gobin but simply informed the witnesses that the matter was adjourned to next Tuesday. He said the sitting could not go on, all the while clutching his cheek.

Wednesday
BHC and Cateau pressured NIPDEC

NIPDEC was pressured by both Birk Hillman Consultants Inc (BHC) and the Ministry of Works and Transport (MOWT) client representative, Peter Cateau, to award a contract to Northern Construction Limited (NCL) for construction of the Piarco terminal building. NCL’s managing director is Ish Galbaransingh, who has indicated that he will not participate in the inquiry. The pressure came after NIPDEC refused to award the contract because of the exorbitant tender price of $184 million.  The contract was for CP 9 (the terminal building). It was then that BHC representatives and Cateau told NIPDEC by not awarding the contract, there would be delays. They never addressed the question of the increased cost to the project, especially since NIPDEC did not have the MOWT permission to increase the cost of the project from US$105 million. All this came out on Wednesday when Glen Lezama, NIPDEC’s former Corporate Secretary was questioned by NIPDEC’s attorney Christopher Hamel-Smith, leading Jonathon Walker, at the Inquiry.

Reading several letters into the records, Lezama agreed that three weeks after June 17, 1999,  when BHC recommended NCL be hired as contractors for CP 9, BHC began putting pressure on NIPDEC to award the contract. NIPDEC found the bid price, which was the only one received for the contract, to be exorbitant and requested several documents from BHC  justifying the award. BHC however, according to Lezama, refused to provide the analysis of the tender price, which was critical. Lezama also read a letter from Chairman of the tenders committee, David Hardy, to NIPDEC Director Trevor Romano and NIPDEC Project Manager, Sonnylal Soomai, telling them in blunt terms that he was appalled and disgusted at BHC’s approach. In the letter dated July 29, 1999, Hardy stated it was a case of “putting the cart before the horse” and insisted that no contract should be awarded until BHC had given an analysis of the cost overruns. Hardy said he didn’t care whether the project was delayed but NIPDEC was not to be held responsible for any “foul-up”.

Thursday
No record of Cabinet waiving customs duties

CABINET has no record of any decision giving permission to the Customs Department to waive duties to the Airports Authority (AA) for items to be used for the construction of Piarco Airport.

This was confirmed on Thursday by Secretary to Cabinet, Andrea Woo-Gabriel, when she was recalled to give evidence before the Inquiry. Woo-Gabriel told the Commission’s attorney Margaret Rose that as requested by the Commission she had researched the matter. She said she found no Cabinet record showing approval for Customs to waive or remit duties to the AA for speciality equipment which was part of construction package 13. Former AA Chairman Tyrone Gopee in a March 5, 2001 letter to then Transport Minister Jearlean John, claimed customs duties and VAT charges for speciality equipment in CP13 were waived. Woo-Gabriel was the only person to give evidence on Thursday. NIPDEC’s Project Manager Kenneth Critchlow was also scheduled to be questioned by attorney Sean Cazabon, who represents former Housing Minister John Humphrey. However NIPDEC’s attorney Christopher Hamel-Smith told the Commission Critchlow was involved in a minor accident and was unable to attend.