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Piarco Probe - Day 64

Tenders Board Chairman laughs at procedures on airport

By Charleen Thomas

DIRECTOR of Contracts and Chairman of the Central Tenders Board (CTB), Merlyn Marcano, yesterday seemed amazed and couldn’t help laughing at the processes employed by the Airports Authority (AA) regarding tenders on the Piarco airport project. She expressed disagreement with the way things were done.

Marcano disclosed that both the Authority and NIPDEC disregarded Cabinet’s directive by not inviting a representative of the CTB to attend meetings of the respective tenders committee. Marcano was giving evidence at the Commission of Inquiry into the project at the Caribbean Court of Justice, Port-of-Spain. Marcano was led by attorney Margaret Rose. Marcano has been the Chairman of the CTB for the last 11 years. She said the CTB played a substantial role in the selection of tenders on projects undertaken by ministries.

Asked if there was ministerial interference in the process, she said in her experience there has never been interference because the CTB was very independent.

She said, however, Cabinet had the power to bypass the CTB. She said the CTB never entertained sole tendering processes, except in certain instances where it involved dealing with a supplier or patent. She said in other instances whenever sole tendering was suggested concerns would be expressed. She could not recall any specific projects where sole tendering was done.

Marcano disclosed that Cabinet had directed sometime ago that the tender committees of all State owned companies and Statutory Bodies follow a model of the CTB’s tender rules and procedures, and that a CTB representative would be invited to those tender committee meetings.

However, Marcano said although the principle applied to the AA and NIPDEC, the CTB was never invited. She said the CTB would have to be invited to meetings of the AA when it involved contracts over a $1 million. She confirmed that Cabinet would have had a good reason in giving such a directive and a breach of the directive was serious.

She said it was imperative that a CTB representative should have been invited to the tender committee meetings of the AA, especially on the Piarco project. Asked what the CTB did as a result, Marcano admitted “absolutely nothing”. Asked why, she gave no particular reason. Marcano also said CTB representatives “make a difference.”

She further disclosed that according to law, NIPDEC’s tender rules and regulations were subjected to a negative resolution of Parliament. Asked if those rules were laid, Marcano was unable to say. The Clerk of the House is to be summoned to tell the Commission if the rules were laid.

Marcano when told about the contracts for goods and services being negotiated on the Piarco project, laughingly said those items were not negotiable. She said only consultancy fees were negotiable. She said she didn’t think that was the correct way to do things.

Told in one instance, tenderers had three days to tender for a $7.1 million contract, Marcano again covered her mouth and laughed, saying “that is ridiculous”. She said no proper offer could be made in such a short time. Told that contractors submitted high prices to protect themselves, Marcano said she also didn’t agree with that.

Questioned about the CTB Ordinance, Marcano said her Board had agreed with the
Trinidad and Tobago Transparency Institute’s (TTTI) recommendation that it needed to be reviewed. But she said the basic law was good. Asked about the TTTI’s Integrity Pact as a tool to prevent corruption, Marcano said her Board had not had the time to review the Pact and could not comment on it.

TO STOP PIARCO ENQUIRY WOULD BE UNFAIR, SAYS BERNARD

If the Commission of Inquiry is to stop now, it will become a laughing stock and those against whom allegations have been made would not be able to defend themselves, therefore a serious cardinal principle would be broken.

That was the message given yesterday by Commission Chairman Clinton Bernard, in response to calls for the Inquiry to stop because it is “going too long”.

Bernard’s comment was made after attorney for the Commission Margaret Rose brought to the Commission’s attention, comments made on a radio talk show earlier this week calling for the Inquiry to stop.

Bernard said while he had a “healthy respect” for the radio station, he was taken aback by the comments and the poll asking if the Inquiry should be stopped. He said the Commission’s terms of reference were very wide and Inquiries usually deal with intricate and sensitive issues. Bernard said one does not play with justice, because swift justice is usually bad. He said he was heartened by the response from the public in submitting a memorandum and because of the terms of reference it would be wrong to turn them down.

Bernard said he was happy to see the response, which was indicative of the public’s maturity and spoke of an overwhelming sense of patriotism.

He reminded the public that allegations have been made against several persons, who must be given the opportunity to defend themselves. He said if that isn’t done, a “serious cardinal principle” would be broken and those persons can seek redress via the court and be successful in having the Commission’s report rightly thrown “in the garbage”.

Bernard said if the inquiry is stopped, it would become a “damp squib and people will laugh”. Commenting on the poll, he said it was a waste of time and only serve to mislead people who do not know about the intricacies, which could cause confusion. Bernard also reminded them of the Chinese saying “cheap thing no good”. He also complimented Newsday for publishing the Commission’s opening statement.

AIRPORT FRAUD CASE ADJOURNED TO JANUARY 27

UNSATISFACTORY correspondence between the State and defence on particulars and disclosure in the Airport Authority Fraud case caused the matter to be adjourned to next year.

Former Minister of Finance Brian Kuei-Tung, and the seven others who were charged with conspiracy in July 2002 appeared before Chief Magistrate Sherman Mc Nicolls in the Port-of-Spain Magistrates’ Court yesterday. Kuei-Tung, Ishwar Galbaransingh, Russell Huggins, Amrith Maharaj, Steve Ferguson, John Smith, Renee Pierre, Barbara Gomes, are jointly charged with Maritime Fidelity Finance and Leasing Company, and Northern Construction Limited (NCL), for conspiring to defraud the Airport Authority of over $19 million by false pretences.

Allan Alexander, SC, attorney for Kuei-Tung and Pierre, said he only received communication from the Director of Public Prosecutions Office (DPP) on Monday.

Magistrate Mc Nicolls adjourned the matter to January 27.

Trinidad and Tobago News

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