Judge quashes Las Alturas findings against Noel Garcia

UDECOTT chairman Noel Garcia has succeeded in his legal challenge against the commissioners of the Las Alturas inquiry as the High Court has quashed the findings against him.

Justice Kevin Ramcharan, late on Friday, delivered his ruling by e-mail.

In quashing the adverse findings against Garcia, the judge declared that the commission, in deciding, finding or recommending, or in the process of arriving at its decision, acted illegally, irrationally, unreasonably, and without observing the principles of natural justice.

As a result, he held the decision against Garcia was null and void and had no effect.

He ordered the two remaining commissioners Dr Myron Wing-Sang Chin and Anthony Farrell to pay Garcia’s costs. They have already indicated their intention to appeal once the judge makes his reason available.

Chairman of the commission retired judge Mustapha Ibrahim died in London on June 9, 2017, so the lawsuit went ahead against the other two commissioners.

The commission, in its final report, said Garcia should be held “accountable and liable for the losses” incurred with the Las Alturas housing project.

The commissioners were appointed in January 2015 by former president Anthony Carmona to the commission which investigated the failed towers at Lady Young Road, Morvant.

Garcia argued the commissioners breached the rules of natural justice in the way they treated him and, because of this, the findings of the commission relating to him, as the former HDC managing director, should be thrown aside.

He alleged the process was an unfair one. His attorneys argued the commissioners did not make recommendations but went outside their terms of reference and found Garcia liable.

They also said the commissioner failed to let him know if he was in peril of adverse criticisms being made against him in its report.

Two Fridays ago, another judge delivered his decision in a similar challenge. In that matter, former Udecott executive chairman Calder Hart also asked for adverse findings against him to be struck out. He also argued his rights to a fair hearing and protection of the law were breached.

Justice David Harris disagreed and dismissed Hart’s claim against the commission and its individual commissioners.

The commission was set up to investigate “the entire process which led to the construction of the Las Alturas Towers at Lady Young Gardens, Morvant, and all other acts, matters or decisions done or undertaken incidental to and including the construction” of the project, which included the procurement process.

Two multi-storey units began falling apart after construction and were earmarked for demolition. They were part of a larger project, which was originally budgeted at $67 million, then rose to $90 million.

Garcia was represented by attorney Colin Kangaloo.

Wing-Sang Chin and Farrell were represented by Richard Clayton, QC, and Alvin Pariagsingh while Senior Counsel Fyard Hosein and Rishi Dass appeared for the Attorney General, who was an interested party.