The legal barriers preventing the Commission of Enquiry into the Urban Development Corporation of Trinidad and Tobago and the construction sector from continuing its work were removed yesterday.

UDeCOTT relented, and the ban on the Uff Commission from holding hearings or preparing or publishing a report was formally lifted by mutual agreement as reflected in a new consent order.

And the judicial review application has been brought forward by a month, and is now fixed for early January-11, 12, 15, 18 and 22 -2010. It was originally fixed for February 8-12. It is understood that the commission’s attorney, Michael Beloff, would not be available until January.

The matter was heard in the High Court before Justice Mira Dean-Armorer. Under the agreement which was arrived at by attorneys for UDeCOTT and the commission, the commission gave an undertaking to give UDeCOTT 28 days notice should the commissioners decide to proceed with any further hearing of the enquiry or to publish any part of their report.

Most importantly, the commission can work on its report which, according to sources, is what the commissioners wanted. However, if they wish to publish the report, UDeCOTT reserves the right to challenge or object.

’For the avoidance of doubt, it is expressly agreed that in the event of the commission giving notice in accordance with their undertaking herein, the claimant reserves the right to apply to the court for such relief as may be appropriate,’ the new order states.

Under the new consent order, the previous order (made by consent herein on October 2, 2009) has been vacated. That previous order had stated that ’there will be no reinstatement or resumption of the enquiry by way of further hearings or the reception of evidence, and/or preparation of publication or dissemination of any report(s) until the date fixed herein for the hearing of the substantive application’.

Under the new consent order, the commission has to file and serve their affidavit in opposition to the affidavit of Neelanda Rampaul filed on September 18, 2009, on or before November 13, 2009. And UDeCOTT would have to file and serve its response to this by December 11, 2009. A pre-trial review will take place on January 8. -RT