reportedly seen on some unidentified person’s cell phone. This approach by him would be reinforced by the fact that he would also be aware that the CJ has alleged that WhatsApp messages referred to in some newspaper reports have been doctored and that an expert report commissioned by him allegedly supports that conclusion16. HDC Policy 44. The LATT report and its addendum dated 23rd February 2018 refers to a letter17 from Mr. Lyons, managing director of HDC, dated 9th January 2018, stating that the HDC receives recommendations on a daily basis from all sectors of society including somewhat surprisingly, members of the Judiciary. His letter in fact refers to receiving recommendations from Members of Parliament, the President, the PM, non-governmental organizations, trade unions, clergy, Protective Services, corporate sector, various Ministries and other citizens. 45. He also indicates that the allocation of housing was governed by a Cabinet approved allocation policy which provides for allocations as follows: i. 60% Modified Random Selection process, ii. 25% on the recommendation of the Housing Minister to deal with special cases/circumstances, iii. 10% for the Protective Services, iv. 5% for senior citizens and physically challenged persons. By letter dated 12th January 2018 the former manager of the HDC referred to a policy under a previous PM whereby recommendations were received from “senior public officials” for requests for housing for persons in need18. Assuming that these statements of policy and practice are accurate the fair minded and informed observer would look further into the material to determine whether 16 See pre-action protocol letter dated 5th January 2018 by the CJ – Record of Appeal at page787. 17 At paragraph 76 page 672 of the Record of Appeal 18 See paragraph 78 of the report page 673 record of appeal. 23

Select target paragraph3