THA VINDICATED

The onslaught from the Peoples Partnership (PP) came fast and furious in the MILSHIV project undertaken by the Tobago House of Assembly (THA). Sport Minister Anil Roberts was the first to launch a scaling attack of words alleging corruption and wrongdoing by Chief Secretary Orville London in the Parliament during the 2012-2013 budget debate two weeks ago. Like if that was not enough, the Prime Minister took her punch in a bid to finish off the THA and ultimately secure a winning spot in the THA election carded for January 2013. The prime Minister threatened to stop the project and advised that she had referred the matter to the Attorney General Anand Ramlogan for swift investigation. Anand last week wasted little time and attempted to finish off what was left of the THA in this matter. He indicated that he had referred the matter to the Commissioner of Police, the Integrity Commission and the Office of the Director of Public Prosecutions (DPP), all without getting the full facts of the matter at hand. 

However, the THA looked bullet proof. The Chief Secretary stating emphatically, that they have nothing to hide and that the MILSHIV project was above board. But even as the Government was eager to question the legality of the matter in a hope to score cheap political points ahead of the THA election the acting president Hamel Smith gave his support for its legitimacy. The express stated that in a six-page legal opinion commissioned by AIC Capital Market Brokers Ltd, dated January 3, 2011, Senator Hamel-Smith confirmed the ability of the THA to enter into the arrangement, saying there was no law restraining the THA from entering into a lease/leaseback arrangement to develop the Milshirv Administrative Centre for Education, Sport and Youth purposes. the express further stated that in arriving at the decision, the law firm consulted the THA Act Ch 25:03 extensively and investigated several pertinent international cases, which sought to determine whether entities such as the THA had the authority to enter into similar arrangements without breaching the law. 

However, the PP government continues to witch hunt although given the advice to move forward. They continue to maintain that the THA has broken the Law, all in a hope that something may eventually present itself and give them leverage in the THA elections 2013. 

The express stated that in summarising its "advice", Hamel-Smith told the AIC that since the THA has responsibility for education, sports and State lands in Tobago and is required to formulate and implement policy in relation to such responsibilities, leasing the said land can be considered to be an extension of such powers, or alternatively, incidental to such power.

Further, Hamel-Smith added: "Indeed as there is no express prohibition disallowing the THA from dealing with the land vested in it, and the THA is permitted to enter into such contract as it deems fit for the discharge of its functions, leasing and leasing-back the property with the view of acquiring an administrative centre to be used for education, sport, and youth purposes may well be considered within the powers of the THA and, in any event, incidental to such powers."

Hamel-Smith took special note of the THA's responsibilities as enunciated in Section 25 of the Act, which stated among other thing that the THA may "enter into such contracts as it deems fit for the efficient discharge of its functions".

The lawyers pointed out as well that Section 54 states, inter alia that all lands and other property of every kind located in Tobago vested in the State except the residence of the President and Prime Minister, are to be vested in the Assembly in right of the Republic of Trinidad and Tobago.

The opinion signed by the acting President made it clear that "there is no express prohibition on the THA restricting its ability to deal with its land", and that the "THA is given wide powers to enter into such contracts as it sees fit for the discharge of its functions"