A High Court judge has cleared the way for the Urban Development Corporation of Trinidad and Tobago (UDeCOTT) to legally challenge the validity of the commission of enquiry into its operations.

Justice Mira Dean-Armorer yesterday granted UDeCOTT leave to file for judicial review in respect of several key decisions of the enquiry, which has also been examining the local construction sector, just hours before the Government’s bill meant to validate the enquiry’s proceedings was tabled in the Senate for debate last evening.

Dean-Armorer gave her ruling in a two-page order bearing the stamp of the Supreme Court of Judicature of Trinidad and Tobago that also bore yesterday’s date-September 25, 2009. It was signed by the Supreme Court’s Assistant Registrar, Simone Hosein.

Dean-Armorer also ordered that an oral hearing take place on October 2 at the Hall of Justice, Port of Spain, to determine whether UDeCOTT would be granted interim reliefs to prevent the enquiry from continuing with key aspects of its proceedings, including any under the common law, until the judicial review matter is determined.

A source close to the matter told the Express yesterday that ’in light of the fact that leave has been granted, it is highly unlikely that the commissioners would oppose any application for interim relief’.

UDeCOTT, which is being represented by a legal team led by Andrew Goddard, QC, and including Frank Solomon, QC, and attorney Devish Maharaj, will now file a judicial review in the High Court to challenge several decisions of the enquiry’s existing commissioners, who are British Prof John Uff, QC, Desmond Thornhill and Kenneth Sirju.

UDeCOTT’s judicial review application was filed by attorney Vanessa Mohamed and will now seek to challenge the decision of the commissioners that the enquiry remains valid under the common law as an ad-hoc enquiry (even though it was not gazetted when it began, as is required by the Commissions of Enquiry Act).

It will also challenge the commissioners’ decision that Uff and Thornhill ’should continue sitting and prepare a report as the Commission of Enquiry in respect of the Cleaver Heights aspect of the Terms of Reference, and that they should act in the purported ad-hoc enquiry’.

During a news conference last month, Uff said that even though the enquiry was not published in the Gazette, as required by law, its proceedings were still valid under the common law.

The judicial review will also challenge the decision of the commissioners, by letters dated July 29 and/or July 31 and or/August 12, rejecting UDeCOTT’s application made by letter dated July 24, that Uff, Thornhill and Sirju ’recuse themselves from acting further in the said commission’.

Dean-Armorer yesterday directed ’that the claimant (UDeCOTT) serve the application on the proposed defendant (Uff, Thornhill and Sirju) and along with the notification of the date fixed for hearing, on or before the 29th day of September, 2009, at 4 p.m.’.

UDeCOTT is seeking interim relief for a declaration that the enquiry proceedings ’have been vitiated (made faulty) by the appearance of bias’ and an order to remove or cause to be removed from the enquiry’s website all documents provided to it by the corporation, in compliance with the orders of the commission ’purportedly made pursuant to’ the Commission of Enquiry Act.