Former attorney general Bridgid Annisette-George agrees with the view that the Commission of Enquiry into the Urban Development Corporation of Trinidad and Tobago (UDeCOTT) and the construction sector can be accepted under common law.
Annisette-George did so in a brief telephone interview with the Express yesterday, as she offered no comment on the questions regarding exactly who was responsible for the non-gazetting of the commission during her tenure as required by law.
’My whole attitude to this is that I have reverted to private life and I have no comment (on what caused the non-gazetting),’ she said.
Her comment came a day after former member of the commission, Israel Khan, SC, said the responsibility for the gazetting of the commission, as required by the Commission of Enquiry Act of 1892, falls under the Attorney General Ministry and the person who was in charge of it when the commission was appointed by President George Maxwell Richards in September 2008.
While Annisette-George would not comment on what Khan said, she did describe the non-gazetting of the commission as ’unfortunate’.
’It really is unfortunate having regard to all that has been said,’ Annisette-George said.
She was out of the country when the news first broke and said yesterday she read media reports of what had occurred and the views expressed by Khan, the enquiry’s chairman, Prof John Uff; lead attorney, Seenath Jairam, SC; Diego Martin West MP Dr Keith Rowley and others about it.
She said she agreed with Uff’s position that the proceedings of the commission are legal under common law, even though they have no legal standing under the Commission of Enquiry Act because it was not published in the Trinidad and Tobago Gazette.
’The learning shows that common law is still good and valid,’ Annisette-George said.
She also supported Rowley’s call for the Government to introduce a Validation bill to give retroactive effect to the commission under the Commission of Enquiry Act.
’There is clear learning to show that it can be salvaged,’ Annisette-George said.
Attorney General John Jeremie told reporters on Monday that he was awaiting advice from his lawyers before he decides on the best course of corrective action regarding the non-gazetting of the Commission.
The Express exclusively reported yesterday that the enquiry had cost taxpayers $11 million to date.
The Express understands, however, that Jairam and the other lawyers that comprise the commission’s legal counsel have not received the last of the three payments arranged for their services.
Jairam said the commission’s legal counsel was not responsible for the gazetting of the commission and added this responsibility lies with civil servants in the offices of the President, Prime Minister, Chief Parliament Counsel or the Solicitor General.
There has been no Chief Parliamentary Counsel or Solicitor General for more than two years now.