The Trinidad and Tobago Transparency Institute (TTTI) is accusing the Urban Development Corporation of Trinidad and Tobago (UDeCOTT) of holding the UFF Commission of Enquiry into the Construction Sector ’hostage’.

TTTI’s chairman, Victor Hart, in a statement yesterday, said UDeCOTT’s agreement to a ’modification of the High Court Order that suspended the UFF Commission of Enquiry so as to allow a partial resumption of proceedings does not go far enough’. While Attorney General John Jeremie was reported as saying that he was ’happy’ about this latest development, ’he is one of the dwindling minority of citizens’.

Hart added: ’It is unacceptable that UDeCOTT continues to hold the enquiry hostage by requiring 28 days’ notice before any further hearing or the submission of its report to the President. The President has a right to receive a report as stated in his mandate to the commissioners, an order that did not say anything about the commissioners first having to get UDeCOTT’s permission.’

Hart said the ’people have a right to know the outcome of the enquiry set up in their name and costing them tens of millions of dollars. All unbiased observers are amazed that government is allowing the ’tail to wag the dog’.’

Hart added: ’Why is UDeCOTT allowed to spend taxpayers’ money to fight a cabinet- and taxpayers-funded enquiry? Where is the voice of corporation sole, the Minister of Finance, or UDeCOTT’s line minister in all of this? Why is the UDeCOTT board not replaced and the legal challenges to the enquiry withdrawn so as to bring an end to citizens’ distress and embarrassment over this matter?’

The TTTI urged civil society to ’raise a louder voice’ so as to ’force’ the leaders of this country ’to listen’.

On October 2, by a consent agreement between lawyers from UDeCOTT and the commission, it was ordered that John Uff’s report, even if it were completed, could not be released or published until a judicial review case filed by UDeCOTT was completed. It was also agreed that the substantive case would be heard between February 8 and February 12, 2010.

The agreement stated that counsel for the commission gave an undertaking that there would be no reinstatement or resumption of the enquiry by way of further hearings or reception of evidence, preparation, publication or dissemination of any report until the hearing of the judicial review application brought by UDeCOTT.

UDeCOTT had gone to the Port of Spain High Court seeking a review of the decision of the commission to continue hearings even though the enquiry was not gazetted.

UDeCOTT is also claiming bias against former commissioner Israel Khan and present commissioner Kenneth Sirju.

On Friday, both UDeCOTT and the commission were back before the court. Justice Mira Dean-Armorer moved the date of the judicial review matter forward-hearings will now take place on January 11, 12, 15, 18 and 22, 2010. It was originally fixed for February 8 to 12.

The commission gave an undertaking that it will give UDeCOTT 28 days’ notice should it decide to proceed with any further hearing of the enquiry or publish any part of the report.

The final part of the enquiry was due to start on September 7, but it was derailed when it was discovered that it was not gazetted. The Senate passed the Validation Act last week to validate the work of the commission.