UNC on PM's townhouse issue: Take us to court, bring it on!

THE UNC on Friday doubled down on its position that the Prime Minister has questions to answer over how he declared his ownership of a townhouse to the Integrity Commission, at a briefing at the Opposition Leader's office in Port of Spain.

Barataria/San Juan MP Saddam Hosein and Opposition Senator Wade Mark reacted to Dr Rowley's warning at a post-Cabinet briefing on Thursday to anyone accusing him of not filing at the commission to "sue you to the ends of the Earth."

Hosein said, "I have plenty of court clothes. Bring it on!"

Mark said, "Take us to court! But I want to cross-examine you. I want my lawyers to cross-examine you!"

Under the Integrity in Public Life Act (IPLA), a statement of registrable interests available for public viewing known as form B includes a space for a public official to declare, "I have beneficial interests in the following lands." The act also requires a form A, the confidential declaration of an official's income, assets and liabilities.

The UNC has alleged that Rowley had only declared the townhouse in form A but not in form B, the party arguing that the definition of "land" on form B must include buildings.

The party has also alleged Rowley paid less for the townhouse than the price paid by other buyers at Inez Gate, Tobago, and paid less stamp duty.

The UNC has called for investigations by the commission, police and Director of Public Prosecutions (DPP).

Rowley on Thursday said he had obeyed the law and flatly denied any wrongdoing. He said UNC criticisms came after the commission had allegedly failed to publicly state he had declared the townhouse in form A and legally he did not need to disclose it in form B. Rowley said a 2018 commission proposal for amendments to the IPLA – to include buildings on form B – meant the commission knew "land" did not now include buildings.

Hosein on Friday questioned the commission declaring that the discount, referred to as a "gift," did not relate to Rowley's functions as PM.

The MP asked if Rowley had to be dressed up in a jacket and tie for the "gift" to be linked to his role as PM.

Hosein said stamp duty was paid on the townhouse based on a valuation of $1.68 million, and this figure should have been stated on form A, not $1.2 million.

He asked if Rowley had complied with the act in section 21 which urges public officials to arrange their private interests to instil public confidence.

Hosein said activist Ravi Balgobin-Maharaj was asking the police to investigate how much stamp duty was paid on the townhouse.

Referring to another townhouse bought by Rowley's relative at an alleged discount, the MP said, "It raises a lot of red flags."

Saying the house was initially bought by a man for $1.6 million and then sold on for $1.2 million at a time its market value might have appreciated to $1.8 million, Hosein said, "What astute businessman would sell at a $600,000 loss?"

Mark said Rowley may pontificate about integrity but when he received the commission's proposals to amend the IPLA he had "literally put it in a cabinet to gather dust for four years and eight months."

He chided the PM for dismissing the document as mere proposals on Thursday which were of not effect unless approved by Parliament.

"How can Parliament approve it, if you Prime Minister, never took it to Cabinet, the Legislative Review Committee, and Parliament?"

Regarding Rowley's declaration, Mark opined that whatever details of property were put on form A must be replicated on form B.

"That is what I have been doing for the past 30 years."

Mark said the commission's website lists a document, Instructions for completing declaration forms, which says for form B the declarants must list "all properties."

He said this definition included "land with buildings."

This document, in a section titled Statement of registrable interests (form B) says, "You are required to disclose under this section all properties (including land with building and land) in which you have a beneficial interest." It also advised declarants to "cross reference" information on their two forms.

Mark said, "The Integrity Commission says you are to disclose all properties."

Referencing the PM's threat to sue, he accused Rowley of behaving like historical French emperor Louis X1V before his "subjects", but said the TT Constitution guaranteed a freedom of speech and freedom of the press.

Mark urged the commission to publicly release its 2018 proposals for amending the integrity act.

He said the PM must explain why he sat on these proposals, which he said should have been sent to Parliament for examination.

Hosein said a court case had defined land as including buildings, citing the 2014 judgment of Justice Ronnie Boodoosingh in the High Court case of Ian Simon vs Jean Pollonais and others. A footnote said, "Whatever is attached or affixed to the land becomes part of the land." However this case referred to chattel houses on rented land, and the footnote added, "Its application is limited to the landlord-tenant relationship."

On Thursday, Rowley said he and his wife did not own anything they had not worked hard for, he had worked every day of his life except when studying and had inherited his grandfather's property at age 17. "I am up to date with my submissions.” he had declared.

Rowley had cited the commission’s 2018 proposals and said, “How come they (commission) could have had this in their possession acknowledging that form B does not call for buildings and you could persecute me and have the UNC persecuting me about not putting buildings on form B?”