Following objections from the Urban Development Corporation Of Trinidad And Tobago Ltd (UDeCOTT), yet another commissioner in the Commission of Enquiry into UDeCOTT and the construction sector-Kenneth Sirju-has recused himself, but only from the examination of the Cleaver Heights issue. Sirju will stay on for the other issues of the enquiry.

That the decision reportedly comes following a meeting between Attorney General John Jeremie and commission chairman John Uff yesterday has caused ’deep concern’ from former minister Dr Keith Rowley, one of the interested parties in the matter. Rowley’s attorney, Margaret Rose, yesterday fired off a letter to commission secretary Judith Gonzales, expressing her client’s disquiet over the Attorney General’s ’apparent intervention’ into ’an independent enquiry appointed by the President... where the Government and its agencies are to be scrutinised and examined’.

’We trust that the commission continues to be mindful of the need to preserve its independence and the integrity of the proceedings in making all of its decisions, findings and recommendations based on the evidence adduced before it,’ the letter stated.

’Having regard to the information received earlier today from the commission, that following upon a meeting with the Attorney General, a decision had been taken for commissioner Sirju to recuse himself from the Cleaver Heights component of the enquiry... it is not now necessary for us to respond to your (previous) request concerning Mr Sirju’s suitability to serve on the Cleaver Heights enquiry,’ Rowley’s letter stated.

The letter also detailed what it saw as UDeCOTT’s repeated attempts to derail the commission of enquiry by raising various objections to the Commissioner, stating: ’The commission ought not to permit its very critical work to be derailed, obstructed or delayed by any interested party/parties who may feel threatened or placed in jeopardy by the sworn testimony and other evidence presented before the commission.’

On the intervention of the Attorney General, UDeCOTT had withdrawn a previous letter threatening to seek judicial review if all the commissioners did not step down.

Emile Elias, whose company, NHIC, is also a party to the Cleaver Heights investigation, however, said yesterday that he supported any effort by Prof Uff and the commission that would ensure that UDeCOTT’s effort to derail the commission’s focus is prevented. ’Therefore if out of an abundance of caution it is felt that Mr Sirju should stand down, then I support the decision. And we would continue to cooperate with the commission in its review of the Cleaver Heights project in order to fully vindicate our company and satisfy the general public that everything is in perfect order at that development,’ he said.

The announcement of Sirju’s decision came in a release sent from the Attorney General’s office, but done in the name of commission secretary Gonzales. The release made no mention of any meeting between the AG and Uff. Instead it stated that the chairman of the commission of enquiry, Prof John Uff and Sirju are of the opinion that ’it would now be inappropriate for Mr Sirju to have any involvement in the Commission of Enquiry as far as it concerns the Cleaver Heights Development Project’.

The commission’s release noted: ’The decision removes any further obstacle to the continuation and completion of the work of the commission of enquiry and accordingly the hearing set to commence on September 7, 2009, will now go ahead as originally planned’.

The release cleared Sirju of any ’personal involvement’ in work carried out by his company, KS&P, for NHIC. Noting that KS&P Ltd was involved in the design of the retaining walls on the Cleaver Heights project, the release stated: ’Mr Sirju was unaware of these matters and had no personal involvement in the work carried out by KS&P Ltd for NHIC.

It should also be stated that neither Mr Sirju nor KS&P Ltd have at any time had any involvement in the contractual issues concerning the Cleaver Heights Development Project nor any of the issues concerning Cleaver Heights set out in the extended terms of reference dated December 10, 2008.’

The commission of enquiry’s original terms of reference, which was to examine UDeCOTT and the construction sector, did not include Cleaver Heights. That project was only added to its terms of reference on December 10, 2008. The commission stressed that Sirju would continue to be part of its team with respect to the original terms of reference since it was satisfied that he had discharged his duties in that matter ’in an independent, fair and impartial manner’.

But for the Cleaver Heights project, the commission’s report would be prepared by Uff and commissioner Desmond Thornhill, it said.