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President George Maxwell Richards says he has referred the question of removing Senior Counsel Israel Khan from the Commission of Enquiry into the Urban Development Corporation of Trinidad and Tobago (UDeCOTT) and the construction sector to Prime Minister Patrick Manning.
In a media release issued yesterday, the Office of the President stated that the provisions of the Commission of Enquiry Act, which allows him to replace Khan, does not exist for him to exercise his powers under the Act.
As such, Richards has brought a report on an application by UDeCOTT and its executive chairman Calder Hart that Khan had been acting in apparent bias "to the attention" of Manning in accordance with section 80 of the Constitution.
Khan had said previously he believed that he "a duty to the people of Trinidad and Tobago to continue with this Enquiry" and would not recuse himself.
The Express understands that UDeCOTT would meet with its lawyers to consider the President's announcement yesterday.
The President's Office stated that Richards had "drawn to the attention of the Commission, Section 3 of the Commission of Enquiry Act and, in particular, the phrase, "In case any Commissioner is or becomes unable or unwilling to act or dies, the President may appoint another commissioner in his place."