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Decision soon on Enterprise police station

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Government is deciding between two locations in Dass Trace, Enterprise, for that Chaguanas community’s promised police station after another murder occurred there last Sunday.

“The matter’s being dealt with right now,” National Security Minister Edmund Dillon said, although he did not give a timeframe for completion.

Dillon spoke following last weekend’s murder of Enterprise businessman Joey Basdeo, who was was attacked by a gunman while driving out of Reuben Lane with his family. He was reportedly a friend of reputed gang leader Selwyn “Robocop”Alexis who was murdered last year.

Basdeo’s murder followed weeks of relative calm in Enterprise after a wave of gang-war related violence in March and April. Several friends and relatives of Alexis have been shot or killed since then.

Following the spate of murders, the army and police presence in the area was increased and the National Security Council decided to construct a police station in the area “in the shortest possible time.”

Last Thursday in the Senate, following Opposition questions about the station, Dillon said Government is still examining two locations.

“We’re debating which one will give the best advantage. There’s no time frame, but it will be built as soon as possible,” he said.

On Monday, Dillon said the two options on the table involve state lands at Dass Trace which are under the control of the Chaguanas Borough Corporation. One is near an early childhood centre and the other is also close by.

On Basdeo’s murder, Dillon said following gang warfare earlier in the year there had been a migration of culprits out of Enterprise into different districts. He said the situation is being tracked and the police/army presence remains with broadened coverage of the district.

Last Friday, IslamicFront leader Umar Abdullah, who has been working on peace initiatives since March with Enterprise groups— including Unruly Isis now rebranded to Peace Masjid— said he had been keeping the Enterprise situation under control.

Abdullah said he believed Basdeo’s murder was an isolated one-off incident and didn’t mean a revival of gang wars.

“Mr Basdeo was a very good person. All the groups say he helped all Muslims. I was meeting with one group on Sunday when I got a call from Keron Alexis (Robocop’s son) about the shooting,” he said.


Judge orders audit of casino

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A High Court Judge has ordered a forensic audit into the operations of a casino which was the subject of a long-standing ownership dispute between two foreigners.

Justice Eleanor Donaldson- Honeywell ordered the audit to determine ownership of Club Princess Limited which operated Club Princess Casino on Independence Square in Port-of- Spain. She said it is also necessary because there might be evidence of illegal business practices such as skimming, destruction of records and diversion of funds.

The casino was established in 2005 as a joint venture by American Charles Frost, of Dallas Corporation, and Turkish national Sudi Ozkan, owner of Alanando Corporation.

They opened holding companies Club Princess Limited and Forty Four Limited to manage the casino and had a a verbal agreement to split the profits and make joint management decisions.

Before his death in 2011, Frost sold his stake in the venture to his friend and fellow American Thomas Baker, who came to Trinidad to replace Frost as managing director and for his stake to be officially transferred.

Baker assumed duties at the casino’s offices but was forced out while being sued by Frost’s brothers over his acquisition of shares in the company. The siblings’ lawsuit before the Eastern Caribbean Supreme Court in St Kitts and Nevis was eventually thrown out because they failed to pursue the case.

Baker sued Ozkan, the companies and its corporate secretary and former government minister Christlyn Moore over their alleged “oppressive” conduct in ejecting him from the company. The company denied any wrongdoing and instead suggested that it was forced to do so due to Baker’s abrasive management style and conduct.

In his lawsuit, Baker claimed that since being forced out he has not received any profits or had access to financial records. His lawyer, Seenath Jairam, SC, submitted that while the dispute was ongoing, Ozkan and the company’s management funnelled money from it to establish competing casinos using the same trademark in Chaguanas, Movietowne, Port-of Spain, and San Fernando. The process effectively left the casino insolvent.

Baker did not challenge ownership of the other casinos as they were opened after the case was filed.

In her 35-page judgement, Justice Donaldson- Honeywell ruled that Baker was entitled to 50 per cent ownership of the companies and that he was oppressed.

She said winding up the companies would not benefit him.

The parties were given two weeks to decide on an independent auditor who will be appointed by the Registrar of the High Court in the event that there is no agreement.

Donaldson-Honeywell also gave the parties an option to appoint an investigator to look into the affairs of the companies after the audit is completed.

PH driver shot by cop kept in custody

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Barry Seepersad, the PH taxi driver who was shot by a Woman Police Constable six days ago, has been discharged from the Intensive Care Unit of the San Fernando General Hospital and taken into police custody.

In a brief interview yesterday, Seepersad’s wife Merissa said he was discharged by doctors and handed over to police sometime around 4 pm yesterday.

“I was going to see him this evening for visiting hours but when I got there I found out that the police had taken him to the station,” she said.

“I don’t know anything else so far, I am just here at the station waiting for the attorney to come,” she said.

Seepersad had been warded at hospital since May 24 after he was shot by the WPC.

According to reports, Seepersad, 34, parked his car on the San Fernando-Diamond Village taxi stand on Lord Street, San Fernando and the WPC had ordered a wrecker to take the vehicle.

Seepersad had gone to a nearby parlour to buy a soft drink and told relatives when he got back to the car he tried to drive off and the officer shot him.

Police had said Seepersad reversed off the wrecker, tried to run the WPC over with his car when she fell to the ground, but she got up and then shot him. Seepersad underwent emergency surgery on Wednesday night to repair damage to his intestines.

The T&T Guardian was told that Seepersad was expected to be placed on an identification parade last night.

ASP Neptune is continuing investigations.

Two more murders take toll to 218

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Two men were murdered in separate incidents in Morvant and Carenage between Tuesday night and yesterday morning, raising the murder toll for the year to 218.

According to reports, the first incident took place around 4 pm on the Indian Arrival Day public holiday in Morvant.

Police responding to a report of gunshots in Never Dirty, Morvant, found Rondell Applewhite lying at the side of the road with gunshot wounds. Applewhite was taken to the Port-of-Spain General Hospital where he died while receiving treatment.

Residents claimed they saw two men running away from the scene of Applewhite’s shooting and gave their descriptions to police. No arrests had been made up to late yesterday.

The other incident took place hours later at Fitz Alleyne Street in Carenage.

Police said around 2 am yesterday, they received a report of gunshots in the community. When residents checked they found 20-year-old Tyler Alexis dead in his apartment. He was pronounced dead on the scene by a District Medical Officer (DMO).

Autopsies were performed on both men at the Forensic Science Centre in St James yesterday. Their relatives refused to speak to media personnel when approached at the centre.

Detectives of the Region One Homicide Bureau are continuing investigations.

ICATT cleared to probe member in HCU collapse

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The Institute of Chartered Accountants of T&T (ICATT) has been given the green light to reconvene its disciplinary tribunal to investigate accountant Chandricka Seeteram for alleged impropriety in preparing the financial records of the Hindu Credit Union (HCU) before its collapse.

High Court Judge Devindra Rampersad on Monday dismissed Seetaram’s judicial review lawsuit against the ICATT’s disciplinary committee’s ability to initiate and investigate the allegations against him.

The committee had agreed to stay its tribunal pending the determination of the lawsuit.

The disciplinary allegations stem from issues raised in the Commission of Enquiry into the collapse of insurance giant CLICO and the HCU in 2012.

Seetaram had testified that he failed to disclose a $150 million consolidated loss at an annual general meeting, concealed a $31 million loss among “prior adjustments” in the 2005 accounts, back-dated audited accounts and rushed preparing accounts which were later represented as fully audited accounts. He claimed this was done upon the request of former HCU president, Harry Harnarine.

Seetaram, who began doing work for the HCU in 2003, later denied any wrongdoing, but blamed a typist for a crucial oversight on the HCU books.

His explanation was rejected by chairman of the commission, Sir Anthony Colman, who in his final report to Parliament noted that the ICATT complaints had been filed by former finance minister Mariano Browne.

The complaint alleged that Seetaram was responsible for HCU financial statements which were materially misleading and in non-compliance with requisite accounting principles. It also alleged he failed to inform HCU members of the issues as required by general auditing standards. Evidence led in the CoE was used in the complaint.

The ICATT’s investigative committee had initially found that a prima facie case had been made out against Seetaram and referred the matter to the organisation’s disciplinary committee.

The committee included retired banker Richard Young, Junior Frederick, Kyle Rudden, Luana Boyack, Jo Anne Julien, Nigel Baptiste and Raymond Crichton. Browne was also selected but recused himself from taking part in the process.

Seetaram appeared before the disciplinary committee in April 2015 but challenged its jurisdiction to hear the claims. His objection was rejected by the committee, who said it had the power to investigate breaches of the organisation’s rules of professional conduct.

Seetaram was represented by Alvin Fitzpatrick, SC, Adrian Byrne and Jason Mootoo, while ICATT was represented by Fyard Hosein, SC, Anil Maraj and Sasha Bridgemohan.

Property Tax injunction stays

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The state has been blocked for a second time from collecting any completed Valuation Return Forms, commonly called the Property Tax Forms, from members of the public.

 Justice Frank Seepersad granted an injunction yesterday preventing the Commissioner of Valuations from receiving the forms from members of the public. The order will remain in effect until June 27, when the judge will decide whether to continue it or if it will be varied.

Seepersad had granted an interim stay on May 19 halting the enforcement and implementation of the form until yesterday. The State has since appealed this decision and this comes up before the Court of Appeal on Tuesday.

When the case management conference for the judicial review trial came up in the San Fernando High Court yesterday, lead attorney Anand Ramlogan, who is representing for former agriculture minister Devant Maharaj, made a fresh application, verbally, for an injunction to continue to prevent the state from collecting the forms. 

This was strongly opposed by lead attorney Russell Martineau SC, who is representing the interests of Attorney General Faris Al-Rawi and attorney Fyard Hosein SC, the lead attorney for the commissioner. They argued that Maharaj’s attorneys ought to have made a written application and they were highly prejudiced because they were caught by surprise. Martineau also argued that the matter is before Court of Appeal and any application for further relief should be made before that court. 

Seepersad, however, ruled that he was just and warranted to hear the oral application.

In his 28-page judgment, Seepersad said, “The balance of convenience and the interest of justice is not weighted in favour of the Respondents (AG and Commissioner) and a greater risk of prejudice lies in the continuation of a process which on the face of the existing law, may have been undertaken without measured consideration and without proper regard to the provisions of the act.

“Ultimately, the public interest can never be best served if the court permits such a state of affairs to continue before it resolves the issues raised at the trial and accordingly the court must now consider the sixth issue.”

He added: “While the court is mindful that the respondents have not had a full opportunity to carefully consider the claimant’s oral application, and to determine whether it wished to adduce evidence in opposition to same, with respect to the impact on the rights of third parties and on any other relevant issue, the court does feel that the overriding objective and the interest of justice is best served by the grant of an interim order until such time as all of the relevant information is placed before the court and a proper and considered determination can be made as to whether the interim order now granted ought to continue until the trial of this action.”  

The judge set the matter, in which Maharaj is challenging the legality of the Property Tax, for trial on September 19 at the Port-of-Spain Supreme Court and September 21 at the San Fernando Supreme Court. The judge also gave directions on specific dates to file the necessary documents and reserved costs until the completion of the trial.

Joy for Khaleesi

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Joy has come to the family of five-year-old Khaleesi Webb, whose future is now assured after Education Minister Anthony Garcia intervened and is guaranteeing a place for her when the new school term opens in September.

When Kerisha Crawford-Webb walked into the T&T Guardian’s South Bureau on Monday she was on the verge of tears and depressed, not sure what the future held for her special needs child. She claimed she felt discrimination was at play due to the child’s disability.

But that sorrow turned to joy yesterday morning, when shortly after reading about the he plight of the child, who suffers with Spina Bifida, an irate  Garcia called her to a meeting with him.

“I was pleasantly surprised at 7.30 this morning (Wednesday) to get a call to meet with the minister,” Crawford-Webb said from her Charlo Village, Penal home.

“I did not know where to turn on Monday after leaving the Farrah Street Ministry of Education office, San Fernando. God directed me to the Guardian office and I am so happy with what has happened since.”

Crawford-Webb said when she met with Garcia,  he told me her Penal/Quinam Government primary school, which is one road from where they live, was recently built and had facilities for special needs children.

“He has arranged for me to meet with the principal and infant teachers of the school tomorrow (today). Once it is accessible to Khaleesi and we like it, then she will attend there in September. If we don’t, then we will revisit Dayanand Vedic, which is my first choice,” Crawford-Webb said.

The relieved mother said Garcia also told her he contacted the three schools which rejected her daughter, Dayanand Vedic, Tulsa Trace Hindu and St Brigid’s RC, and they informed him the reason she was not accepted was because all their places had been taken. (See editorial on Page A22)

“He said he is still investigating the reasons for rejecting her because he could not understand why they left her for last.”

Crawford-Webb also said she got a call yesterday from Equal Opportunities Commission, where she had reported the matter, telling her their investigation proved the schools had no good reasons for not accepting Khaleesi and they would be proceeding with some kind of action.

“I am not sure what this action would entail as I have to meet with them next Wednesday,” she said. 

In a release on the issue yesterday, the Education Ministry confirmed that Garcia had identified the Penal/Quinam Government Primary School as the institution where Khaleesi could attend.

In said Garcia was assured by the School Supervisor II for the St Patrick Education District that everything would be put in place to ensure the comfort of the student.

It said the parent, together with the line supervisor (School Supervisor I), will visit the school today to get a first-hand view of the premises.

Members divided

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A war of words is emerging between some attorneys in the Law Association and a former president of the body who is alleged to have been advising the Judicial and Legal Service Commission, as attorneys get set to vote today on a motion of no confidence in Chief Justice Ivor Archie and calling for his resignation and those of the JLSC members.

This was in response to a warning from former association president Reginald Armour, who expressed the public view that the errors of the JLSC in relation to the Marcia Ayers-Caesar fiasco did not begin to approach the threshold for their removal.

Armour said he had taken note of today’s meeting, noting it was “nothing short of an impeachment procedure.”

In a statement yesterday, attorneys Israel Khan SC, Wayne Sturge, Patricia Dindyal, Mario Merritt and Dinesh Rambally thanked Armour for his informative contribution.

They said: “We are all grateful for his incisive and timely intervention on this issue having regard to his familiarity with the issues, he having been the legal advisor to the Judicial and Legal Service Commission on matters relating to the issues at hand.”

But they advised him that the issue at the heart of today’s meeting “is not whether the Chief Justice’s behaviour has reached the threshold for impeachment proceedings. It is simply about whether an independent bar, cognisant of its duty to protect the public and uphold the rule of law, still has confidence in the Chief Justice and the Judicial and Legal Service Commission.”

The attorneys made it clear that Law Association members “are entitled to express no confidence in anyone just as they did in 2009 when they expressed no confidence in the then attorney general and called upon him to resign.”

It was obvious then, they said, that the association “had no power to remove a Cabinet Minister but expressed its undoubted right to censure the titular head of the bar. Likewise, in this instance members of the bar are entitled to express their lack of confidence in the specific office holders about whom this motion is brought. “

The attorneys described it as “an insult to the intelligence of all attorneys to equate a motion of no confidence with the constitutional process provided under Section 136 of the Constitution,” as the two “are entirely different.”

Armour, they added, “ought to, and does know better. “

President of the Assembly of Southern Lawyers (ASL) Rashard Khan yesterday urged all of his members legal profession to attend the meeting. He said it was “that your voice be heard. It is important that your vote in support or not, be counted.”

Khan noted that “the last few weeks has seen the legal profession burdened with several high profile disputes that have been described by many concerned observers as scandalous.” The turbulence caused by the dispute, he said, “will only be calmed when full discourse of all the facts and issues occur. This petition and the voice of the Law Association as a collective has its vital role to play in that process.”

TTTI wants accountability

The Trinidad and Tobago Transparency Institute (TTTI) says the issue of governance, transparency and accountability in the judicial system must be addressed.

Expressing its own concern about the events in the Judiciary and legal system yesterday, TTTI said the recent events “have engendered public debate about the governance of our legal system and are strong indicators of the need for review of a fundamental institution that supports our democracy.”

It noted that there are many unanswered questions fuelling the debate, but felt there was need for “urgent systemic change.” That change, it said, should be done in a way that “the independence and respect of the judiciary is maintained while responding to public demand for accountability.”

TTTI virtually echoed the voice of those in the legal fraternity who have been calling for greater transparency in the selection of those appointed to the bench, saying “at the very least, the criteria and methodology for selection of those who are entrusted with the responsibility of imparting justice at the highest level must be transparent and available to the public. The credibility of our judicial system and the integrity and resilience of our democracy demands attention to these processes.”

Stating that the “foundation of our democracy is built on the rule of law,” TTTI said it considers these issues to be of considerable importance, “not only to the governance of the legal system but also the governance of our country.”

As such, it said this calls “for urgent and tangible action by the administrators of our legal system to review the mechanisms related to the governance of the judiciary so that integrity, transparency and public accountability are upheld.” Such action, it added, should be done in a manner which will “strengthen and not weaken the rule of law and the governance of the legal system.”


CJ got no consensus

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The newest member of the Judicial and Legal Service Commission, attorney Ernest Koylass, yesterday warned members of the legal profession “not to mire this issue of restarting of the matters before a different magistrate with unnecessary controversy.” However, the Law Association says any decision on whether part heard matters left by former chief magistrate Marcia Ayers-Caesar will be heard de novo “will be decided by the magistrate to whom each matter is assigned.”

Koylass made his call even as a new controversy raged over the meeting called by Chief Justice Ivor Archie one week ago, which he said had “reached consensus” on starting de novo the 53 part-heard matters left by Ayers-Caesar when she was elevated to the High Court before being forced to resign as a Judge.

Asked his opinion on the meeting held by Archie yesterday, Koylass said: “I hold the view that the meeting held by the Honourable Chief Justice with the various office holders and persons representing different interests, as reported in the newspapers, was a course which in his own discretion he was entitled to pursue towards receiving their views and even support as to the way forward concerning the part heard-matters.”

Koylass said it may also have been “a consensus-building exercise to garner the support of all concerned as to the progression of the matters with the least possible disadvantages to the accused persons. All of this in the context of the present issue is positive.”

He was of the view that the course of restarting the matters was “that of the Chief Justice’s independent exercise of his power of control and supervision over the Chief Magistrate, such power being given to him under Section 15 of the Judicial and Legal Service Act.”

But the issue of consensus has been disputed by two senior attorneys who represented the Law Association at the meeting.

Sophia Chote SC and vice-president Rajiv Persad said they were not aware any decision was going to be taken on the part-heard matters nor were they aware that a press release would have been issued following the meeting.

For its part, the law association said “it is our clear view that the issue of whether any individual matter will be heard de novo will be decided by the magistrate to whom each matter is assigned. Further, that said decision will be made consequent on submissions by the counsel who appear before said magistrate.”

Chote said the first time she knew a release was being sent out by the CJ about the meeting was when it was brought to her attention by attorney and Opposition senator Gerald Ramdeen during a break at last Thursday’s sitting of the Senate.

In a letter to Law Association president Douglas Mendes SC, Chote said while the “majority of persons expressed the view that perhaps it was better for these matters to be started de novo, there was certainly no decision taken on the matter nor were we individually polled for our views.”

Her letter was made public over the weekend by Ramdeen, who then wrote to the Law Association asking it to make a public statement on the matter.

Ramdeen also wrote to each of the 13 people who attended the meeting indicating he intended to begin proceedings in the High Court to “quash the decision of this summit and declare it to be unlawful, without jurisdiction and null and void.”

In response to Ramdeen, Mendes confirmed he had been provided with a report from Chote on the meeting. Mendes said it was made clear by the CJ at the meeting that Ayers-Caesar “would not be returning to the Magistracy for the purposes of completing the part-heard matters.”

In those circumstances, Mendes said Persad “acknowledged there would be no option but to list her matters to be heard de novo. That was the extent of the consensus reached at the meeting.”

 

April 7: Opposition Senator Gerald Ramdeen issues a call to Chief Justice Ivor Archie and members of the JLSC to disclose the criteria used for the appointment of High Court judges.

April 12: Marcia Ayers-Caesar, Kevin Ramcharan and Avason Quinlan-Williams take the oath as judges from President Anthony Carmona.

April 12: Chief Justice Ivor Archie defends the process used by the JLSC for the selection and appointment of judges. He said: “It is important as well that the public knows that anyone who is appointed has been through one of the most rigorous selection processes you can find anywhere in the region or Commonwealth.”

April 19: The Judiciary issues a statement addressing rumblings about a void left in the system by the promotion of Ayers-Caesar, saying her departure would not negatively affect the lower court. Court and protocol information officer Alicia Carter-Fisher said what was before Ayers-Caesar were “paper committals.”

April 23: Law Association expresses concern about Ayers-Caesar’s appointment.

April 24: Ayers-Caesar is warmly welcomed to the bench by attorneys as she made her debut in the San Fernando Third Criminal Court.

April 25: Several inmates, mostly murder accused, had to be removed from the Port-of-Spain Eighth Magistrate’s Court after they began shouting and cursing after realising their matters could possibly be restarted due to the elevation of Ayers-Caesar to the High Court.

April 27: Ayers-Caesar resigns as a judge, apologising for the effect of her actions on the prisoners.

April 27: CJ Archie says Ayers-Caesar will be restored to the Magistracy.

May 4: Lawyers asked to sign a petition expressing loss of confidence in CJ and JLSC.

May 5: 11 senior counsels hold historic meeting expressing alarm at the events surrounding Ayers-Caesar’s judicial appointment.

May 5: Law association agrees to hold special general meeting to discuss resolution calling on CJ and JLSC to resign.

May 8: The JLSC issues a statement saying Marcia Ayers Caesar placing full blame on Ayers-Caesar for the fiasco surrounding her appointment as a judge and her subsequent resignation, and gave a step-by-step account of what had transpired.

May 13: Ramesh Lawrence Maharaj says Ayers-Caesar was pressured to sign a resignation letter and as far as he is concerned she is still a judge. He calls on the JLSC to allow her to continue as a judge or face a legal challenge.

May 24: CJ convenes meeting, including Judges of the Court of appeal, three justices of the High Court, the Acting Chief Magistrate and other Magistrates, the DPP and two members of the Law Association.

May 25: CJ issues a release saying the May 24 meeting reached consensus that the 53 part-heard matters left by Ayers-Caesar will be started de novo.

May 26: Attorney Gerald Ramdeen threatens legal action against the CJ on behalf of his client Akili Charles, saying the meeting of May 24 was illegal and that the group had no jurisdiction to decide on the part-heard matters.

May 29: Sophia Chote SC pens a letter to the Law Association president saying there was no consensus at the meeting with the CJ and she was not aware the 53 part-heard matters were to be discussed at the meeting, which was called to discuss “matters pertaining to the administration of justice.”

May 30: Gerald Ramdeen writes to Law Association president asking the association to make a public statement on the meeting. Ramdeen also writes the 13 people who attended the May 24 meeting indicating he intended to begin proceedings in the High Court to quash the decision of the meeting and declare it to be unlawful, without justification and null and void.

May 31: the Law Association confirms receipt of letter from Sophia Chote SC on the meeting convened by the CJ. It also confirms vice president Rajiv Persad, who also attended the meeting, was told Ayers-Caesar would not be returning to the Magistracy to hear the part-heard matters. Persad also wrote to the association saying he was not aware the meeting called by the CJ was to take a decision on the part-heard matters.

Court halts TDC’s closure

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Government’s decision to dissolve the Tourism Development Company was halted by the Industrial Court yesterday.

This is according to the secretary general of the Communication Workers’ Union (CWU) Joseph Remy in an interview outside the court yesterday.

The decision to dissolve the TDC was announced by Tourism Minister Shamfa Cudjoe during a post-Cabinet news conference at Magdalena Grand Beach Resort on March 8.

She said then the TDC will be replaced by two separate entities; one with responsibility for the tourism product in Trinidad and the other for it in Tobago. There are 114 workers employed by the TDC whose jobs will be made redundant and they can apply for consideration in the two new entities.

The CWU immediately opposed the move and filed an industrial relations matter against the company. It also promoted trade unions to walk away from the National Tripartite Advisory Council.

Cudjoe subsequently “apologised for the way” the Tourism Development Company dissolution was handled, but has indicated she cannot reverse the move since it was a Cabinet decision.

Remy said yesterday the union filed the matter because the company failed to meet and treat with the union, which represents the TDC workers.

A new TDC board, chaired by Gerry Hospedales, was subsequently appointed and Remy said the union felt that the sole objective of that new board would be to dissolve the company. Remy said Hospedales has been in contact with the union “and has indicated that they (board members) want to meet with the union.”

Remy said the TDC board “has an obligation to meet and treat (with union) and come up with a resolution of the issue.

He said when the matter was heard in the court yesterday, it was informed of the latest development.

Remy said the court advised the company “that it should ensure that the status quo remains the same until those talks (discussions) are exhausted and parties return to the court for direction.”

Remy said there remains a substantive industrial relations offence and an application for an injunction to be heard by the court.

He said the court indicated yesterday that “any action related to termination must cease and must never happen until that matter is heard properly before the court.”

Remy said the union was guided by that “because we are guided by the knowledge that there is an obligation on the part of the company to met and treat with the majority union.”

Remy, who spoke with union members outside the court earlier, said the CWU was now awaiting the process of engagement with the TDC.

He said yesterday’s ruling was a moral victory for the TDC workers. According to Remy, “It is going to be totally impractical, insensitive and nonsensical to take any action to dissolve TDC like they are doing with GISL and others.”

Remy said that because in the case of the TDC “there is a CWU present.”

He said no date was set for the next hearing as yet because time was being given for consultations between the TDC and the CWU.

President of the Industrial Court, Deborah Thomas-Felix, Albert Aberdeen, Kyril Jack and Kathleen George-Marcelle heard the matter yesterday.

On Monday, Communicaiton and Public Administration Minister Maxie Cuffie announced to closure of the Government Information Services Ltd, a media production company, because it was duplicating the functions of another media entity Caribbean New Media Group. Some 60 workers will be displaced by the closure of that company.

Archie pleads JLSC case to law body

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Chief Justice Ivor Archie and Judicial and Legal Service Commission (JLSC) members are expected to come under stiff criticism today, when the Law Association meets to discuss its no confidence motion in him and the JLSC.

But on the eve of the meeting yesterday, Archie’s administrative secretary, Sherlanne Pierre, issued a letter on his behalf to association president Douglas Mendes, SC, seeking clarify “misinformation” in the public domain which may have been the basis of the meeting.

The meeting stemmed from a petition signed by over 60 members claiming they have lost confidence in Archie and the JLSC over their handling of the fiasco arising out of the short-lived judicial appointment of former chief magistrate Marcia Ayers-Caesar.

In the letter, which was obtained by the T&T Guardian, Pierre said Archie was confident members of the association would conduct legal research on the issue before making a “well informed” decision later today.

“However, as many of the questions posed appear to be based on a mis-apprehension of roles, responsibilities and reporting lines, I am required to direct your attention to same on his behalf in the hope that it would be of some assistance,” Pierre wrote.

Pierre said the JLSC has the responsibility to inform the President of judicial vacancies and recommend appointments but noted that the timing of the appointments and actual process is within the remit of the President.

“If a prospective appointment date fixed by the Office of the President turns out to be unrealistic, only the candidate would have that information and it is the candidate’s responsibility to inform the Director of Personnel Administration (DPA) and the Office of the President,” Pierre said.

Responding to questions on why the JLSC did not verify whether Ayers-Caesar had unfinished cases, Pierre said the case management system at the Port-of-Spain Magistrates’ Court is not computerised and such checks would have required a manual check of her case sheets and records.

“At the risk of sounding repetitive, the commission would have had no such power and the Chief Justice, in his administrative role, would have no reason to deploy scarce judicial resources in such a task, as there would have been no reason at the time to doubt Ayers-Caesar’s professionalism,” Pierre said.

Pierre also addressed criticism of the Judiciary’s decision to have all 53 of Ayers-Caesar’s cases restarted. The proposed move has met with disquiet from some members of the legal fraternity, who claimed it was taken without proper consultation and was illegal.

“The Judiciary has adopted the only feasible option currently open to it, which is to reschedule the matters before other magistrates and afford them priority,” Pierre said.

Pierre also said suggestions made for the cases to be discontinued or to go straight to trial instead or restarting the preliminary inquiries were not within Archie’s remit but within that of the Director of Public Prosecutions (DPP).

The T&T Guardian understands the association expects a record attendance at the meeting, which is scheduled to take place at the Hall of Justice in Port-of-Spain at 3 pm. The T&T Guardian was told a preliminary motion will be moved at the start of the meeting to determine if the media should be allowed to listen in and report on the closed-door discussion.

The meeting is scheduled to take place hours after the majority of cases left unfinished by Ayers-Caesar come up for hearing before her successor, acting Chief Magistrate Maria Busby-Earle-Caddle in the Port-of-Spain Magistrates’ Court.

The hearing will be the first time those affected, most of whom are charged with murder, are officially informed of the Judiciary’s decision to start over their cases.

AK47s in 2 dog food shipments at Bond

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Law enforcement officers yesterday raised concerns about the security in place at this country’s ports of entry, after they discovered three high-powered assault rifles - AK47s - in a barrel containing loose dog food at the El Socorro Bond area of Piarco Air Services.

Apart from the seized weapons, however, Customs officers realised that about seven or eight more units (weapons), together with 5.5 ammunition and caches of assorted ammunition and magazines for Mac10 and 11s, were cleared undetected by a first consignee just a few minutes before they made the second discovery and seizure of the AK47s.

According to a source at the bond, two barrels of dog food originating from Canada were consigned to two different people through the same shipping company. The two consignees came around the same time, around 10 am, to clear the barrels.

The first consignee managed to get the barrel cleared and left, but when the second consignee came and checks were made the AK47s were found as the loose dog food shifted, causing the weapons to be exposed.

The second consignee was up to late last night assisting a team of officers from the Organised Crime and Narcotics Unit and Customs and Excise Division in their investigations.

The source said when the discovery were made and further checks conducted on the shipping documents, the officers found the barrels came from the same Canadian shipping company but to two different people.

“This is very frightening to know that these weapons which are deemed to be serious underworld criminal equipment has entered the country,” the source said.

Also contacted yesterday, Canadian source said semi-automatic firearms such as the AK47s are illegal in Canada and it is believed the weapons were shipped to Canada from the United States to be shipped out to T&T to make it look like they originated from Canada.

The Bond source explained that the consignee would come with the relevant documents to clear the barrels.

“In this case an address of the consignee would have been presented but no one will prove the address, especially when it is not specifically addressed to a company, meaning that it could be any address, make believe address even,” the source said.

“Sometimes consignees just agree to come clear a barrel and wouldn’t know its contents, but the sender will have to know its contents. In this case, the Customs officers would have been unaware because they treat it as just dog food and worse if its loose so they would not be carrying out a 100 per cent check.”

A gun dealer, who wished not to be identified, told the T&T Guardian that weapons of this calibre can be sold for over TT$30,000 or more.

Yesterday, during the weekly T&T Police Service media briefing, acting ASP Michael Sooker disclosed that in the month of May 18 firearms were seized in the North Eastern Division, eight of which were recovered over the last week.

Contacted last night on the find, Acting Commissioner of Police Stephen Willliams said he could not confirm details.

“One of the things is that I cannot confirm. I am aware of certain work being done there this morning but I would not be in a position to give an update on the finds.”

Efforts to reach Minister of National Security Edmund Dillon for comment were unsuccessful as calls to his phone went unanswered and a text message was not replied to up to press time.

Army confirms AG’s children

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It was former chief of defence staff Kenrick Maharaj, “acting on his own volition”, who authorised Attorney General Faris Al-Rawi’s children to use the shooting range at Camp Cumuto where they were eventually photographed holding what appeared to be high-powered weapons.

Al-Rawi has been cleared of any wrongdoing in the matter, a report from the T&T Defence Force (TTDF) has stated.

And while there are photographs showing the children holding what appears to be guns, the TTDF’s Board of Inquiry (BOI) established to investigate the situation has “deduced that the Attorney General’s children were not allowed to have high-powered weapons belonging to the Defence Force in the presence of the Attorney General and members of the TTDF”.

The Sunday Guardian attempted to contact Maharaj for comments on the report’s finding but phone calls went unanswered. There was no reply to a text message or voicemail sent to his cellphone about the situation.

The photographs of Al-Rawi’s children were brought to the national spotlight in October last year when Opposition MP Dr Roodal Moonilal presented them in the House of Representatives during the budget debate.

Prime Minister Dr Keith Rowley slammed the TTDF for the situation saying the leak of the photographs was a serious breach of security.

Rowley and the TTDF have said that Al-Rawi’s children were the ones who were photographed but to date, Al-Rawi has not confirmed this.

The TTDF convened a BOI to investigate the situation.

After the investigation was completed the BOI’s Record of Proceedings report was presented to Chief of Defence Staff Brigadier General Rodney Smart “as a Top Secret document”.

On March 27 Opposition Senator Wayne Sturge wrote the TTDF to make the BOI’s findings public, exercising his rights under Section 25 (1) and (2) of the Freedom of Information Act Chapter 22:02.

On April 25 the TTDF, in a letter signed by Smart, responded to Sturge’s request.

“This (top secret) classification was given as the report contains secret and sensitive information, delicate aspects of the organisation’s combat tactics, techniques and procedures, vulnerabilities, and the identities and duties performed by persons who are actively involved in protecting national leaders and conducting operations against criminals, potential terrorists and other similarly intended operatives,” the letter to Sturge obtained by the Sunday Guardian stated.

“Hence, to place such a report in the public domain would severely jeopardise individual and organisational security and by extension, weaken the security of the nation,” it stated.

Questions raised by Sturge

The TTDF said while it would not make the BOI report public it would respond to six questions raised by Sturge.

According to the BOI Al-Rawi’s children accompanied him to Camp Cumuto on October 31, 2015.

“Based on the evidence adduced, the inquiry established that on 31 October, 2015, the Attorney General’s children accompanied him to the Trinidad and Tobago’s Regiment’s Cumuto Barrcaks.”

This was just over one month after Al-Rawi became Attorney General following the People’s National Movement’s (PNM) September 7, 2015 general election victory.

“The Attorney General was invited by the TTDF to witness a tactical display so that he would become familiar with the set of actions his security team may have to employ in the event of an incident,” the document stated.

The BOI stated that there was “no evidence that anyone in the Defence Force was complicit in the performance of their duties” as a result of this.

“It was established that the former chief of defence staff Major General Kenrick Maharaj, acting on his own volition, authorised the range practice. This practice is a standard procedure which is offered to all high-risk national leaders who come under the protection of members of the Defence Force’s Special Operations elements,” the letter stated.

“Consequently, there was no evidence that any member of the Defence Force was coerced into breaching any practice or procedure,” it stated.

The letter stated the Al-Rawi’s children were not given any “preferential treatment”.

“The board did not unearth any evidence which indicated that persons in the TTDF accorded preferential treatment to children of high-ranking government officials inclusive of the Attorney General’s children. As the children are immediate family members of the principal, they are also classified as protectees and need to be aware of drills that may have to be performed by the security team, in the performance of their duties,” the document stated.

The TTDF said it “has a tradition of encouraging visits by young persons to its establishments”. This is done to help the TTDF’s recruitment, it stated.

“Naturally, the shooting range is always the biggest attraction, when young persons’ visit military establishments. The Defence Force has over the years exposed many young members of the Trinidad and Tobago Cadet Force to actual live firing, in the hope that they would either join the Defence Force or go on to represent the country at various shooting disciplines,” the document stated.

The TTDF said sociologists, in particular military sociologists, “have identified such exposures by military institutions as being critically important, as it establishes a bond between militaries and young national who eventually may become future leaders and members”.

“Consequently, there was no need for General Maharaj or any other members of the Defence Force to be rewarded for what is a standard practice in the TTDF and likewise amongst other military establishments,” the document stated.

Al-Rawi did not abuse his power, the document stated.

“There is no evidence that the Attorney General abused his power while at Cumuto Barracks. The Defence Force found it was necessary for the Attorney General, as a principal being protected, to be exposed to possible scenarios and responses to these in the event that there was an incident to which the team was required to respond,” it stated.

The TTDF, in its letter said it expected Sturge would use the information provided to “assist in eliminating any form of ‘speculation and conjecture’,” on the issue.

Al-Rawi: I have no issues to answer

Speaking on the issue last night Al-Rawi questioned why Sturge or the United National Congress (UNC) did not use the information to clear the air.

“I am not aware of any correspondence coming from the army. I have never been interviewed by them or by anybody else. I maintain that Roodal Moonilal is intimately aware that he has a lot of cocoa in the sun and that I therefore am not surprised that he would have very pointed fabrications against me,” Al-Rawi said.

“The issue of the security of my children is not a negotiable item for me. It never will be and I will continue to maintain that course. I am confident that I have no issues to answer,” he said.

“I find it astounding that the UNC could have been sitting on this letter for so long. Clearly they are embarrassed,” Al-Rawi said.

Al-Rawi said one of the issues that the UNC tried to raise was that Smart facilitated the use of the gun range as a favour in order to get benefits later on.

“Their allegations have been entirely unseated because I recall they had a very pointed attack on Brigadier Smart when it turned out that it was Major General Maharaj. It is a web of lies and deceit and I will not be distracted from my purpose of pursuing wrongdoing in this country or developing the laws of Trinidad and Tobago for the best of the citizens of this country,” Al-Rawi said.

“I expect that I have no friends in the UNC and I expect that Roodal Moonilal will continue to have a deep-set hatred against me for obvious reasons,” he said.

It’s not yet time for Govt to act

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In spite of the imbroglio that exists in the Judiciary and the historic and unprecedented Law Association vote of no confidence in Chief Justice Ivor Archie which calls for him to step down, Attorney General Faris Al-Rawi says it is still not time for the Government to intervene.

Responding to the series of events centred around the short-lived appointment and resignation of former chief magistrate Marcia Ayers-Caesar from the bench, Al-Rawi relied on Section 137 of the Constitution of T&T as the basis of his argument. This section deals with the removal of a judge from office.

“There is a fundamental separation of powers we observe. In this country the executive has no role in the Judiciary,” he said in response to questions from the media about the likelihood of the Government making an intervention to settle the issues which have brought the Judiciary under heavy public scrutiny.

“Section 137 of the Constitution is very, very clear as to when an executive gets involved with the Judiciary. Certainly those circumstances are very far away. At least from my position right now, we don’t consider we should get involved in breaching the separation of powers,” he explained.

Prior to a tour of San Fernando West constituency to view infrastructural projects with Works Minister Rohan Sinanan and Mayor Junia Regrello yesterday morning, Al-Rawi said that there was an active democracy in this country.

“Certain quarters have come out and have been very democratic in their purpose, but the Government has no role in the positioning of the Judiciary and certain elements that are questioning the Judiciary,” he said. This was in response to last Thursday’s special general meeting of some 500 members of the Law Association, the majority of which voted in favour of the no-confidence vote in Archie and the JLSC.

Archie, who is currently in Barbados where he is attending a law conference, is quoted as saying, “I don’t think you can expect my resignation.”

The AG said at this point all the Government can do is to take note of the situation and continue to press on with the work they are doing in the development of the courts, in the administration of justice from a legislative point of view in terms of their work in the Parliament.

No PM will venture down that road if it is an exercise in futility—Imran Khan

Commenting on the Government’s position and the section which deals with the removal of a judge from office, former president of the Assembly of Southern Lawyers Imran Khan said it was an extremely high threshold that has to be met and no prime minister would venture down that road if it is an exercise in futility.

He said any government would have limited function in this exercise, because the circumstances in which a judge could be removed are very specific. “Section 137 speaks of the removal of a judge from office based on his inability to perform the functions of his office, arising from infirmity of mind or body or any other cause, or for misbehaviour. Only if the circumstances fall within those two categories the Government can act.

“In the case of the CJ, as opposed to a normal judge, if the Prime Minister feels there is sufficient information that a particular case falls within that bracket, then he can present to the President the issue of removing the CJ ought to be investigated.”

Khan said what has transpired so far with the Law Association expressing their views on the perceived role of the CJ in the issue—which has left some 53 outstanding cases Ayers-Caesar was presiding over in a tailspin and uncertainty over whether or not she resigned—was only moral suasion.

Khan said in the circumstances there are no compelling information or grounds to suggest that this is an appropriate case for the removal of the judge to be investigated.

Ramesh: Serious implications for independence of Judiciary

Contacted for comment on the issue, former attorney general Ramesh Lawrence Maharaj, who is being consulted by Ayers-Caesar, said, “I am of the full view that the events which have occurred, which led to the purported removal of the judge, has serious implications for the independence of the Judiciary, rule of law, and security of tenure of a judge.

“I am of the firm view that I have a duty to the legal profession and to the public if necessary to vindicate the Constitution, the rule of law and the injustice which has been done to the population.”

Maharaj said, “I was consulted by the Honourable Justice Madam Marcia Ayers-Caesar whom I believe in law is still a High Court judge.”

He did not say whether she was taking legal action, but promised “to comment in a short space of time”.
 

Lake Asphalt CEO fired by phone call

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The chief executive officer of Lake Asphalt of T&T Ltd Leary Hosein has been fired via a telephone call. A termination letter was also delivered to Hosein’s mailbox yesterday.

Guardian Media exclusively obtained a copy of the termination letter dated June 3, 2017, which reads: “…you are hereby terminated as CEO of the company with immediate effect…”

It was on June 23, 2016, Hosein was suspended, pending an investigation into the award of a $100 million contract days before the 2015 general election.

A tribunal—comprising attorney Keith Scotland, National Energy Company legal and corporate secretariat manager Camille Blackman and First Citizens director Jayselle McFarlane—was then set up to investigate the allegations. Hearings were held on January 3, March 15 and March 31, 2017. Guardian Media understands that the tribunal submitted its report to the board on May 29.

Now 15 months after his suspension, Hosein received a telephone call from chairman of the Lake Asphalt board Christopher John-Williams informing him that his employment was terminated with immediate effect.

“I returned a missed call from the chairman and he informed me that the board took a decision to terminate my employment. He (Christopher John-Williams) said they got the findings from the tribunal and they acted on it,” Hosein said.

Hosein said he was informed by the chairman that a copy of the termination letter was delivered to his mailbox.

“While I am disappointed, like I told the chairman, I am glad it happened in Ramadan because this is the greatest month for Muslims and whatever happens in this month is Allah’s will,” Hosein added.

The termination letter, which was signed by corporate secretary Ayanna Sylvester, reads:

“The board of directors has carefully considered the finding of the Tribunal comprising of Mr Keith Scotland, Ms Camille Blackman and Ms Jayselle McFarlane which held hearings on 3rd January 2017, 15th March 2017 and 31st March 2017 and at which hearings you were represented by attorneys and had ample opportunity to present your case and to defend yourself against the charged (as amended) dated 14th June 2016, which were laid by the company against you.

“A copy of the Report of the Tribunal dated the 29th of May, 2017 is attached hereto.

“The tribunal, having found you guilty of ten (10) charges proffered, and the board, having accepted their finding and determined that your conduct as detailed therein amounts to gross and/or serious misconduct, you are hereby terminated as CEO of the company with immediate effect pursuant to the provisions of Clause 11© (iii) of your letter of appointment dated the 18th of September 2012.”

Hosein said he was surprised that his lawyers who were part of the tribunal were not aware of the final report.

When asked if he would be pursuing the matter legally, he said: “My lawyers have not seen the letter yet, they haven’t been informed, they (lawyers) have not seen anything, so they will be the ones to decide.”

Hosein has been asked to surrender his company vehicle as well as other company property in his possession.

I am confirming he no longer works with us—chairman

Guardian Media also contacted Lake Asphalt chairman Christoper John-Williams who said: “All I am confirming is that he no longer works with us.”

KRISTY RAMNARINE


Sabga’s wife praised at memorial

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Dr Anthony Norman Sabga would not have been as successful as he was if not for the support of his wife, Minerva, ANSA McAL chairman Norman Sabga says.

Sabga (N) made the statement as he delivered the closing remarks at the memorial tribute for his father, the chairman emeritus of the ANSA McAL group of companies.

Sabga passed away on May 3 at the age of 94.

“My father had a wonderful life, he lived a long life, he lived a successful life, a life that was full of love, success and God’s blessings,” Sabga (N) said.

“I want to acknowledge that a huge part of his success was the role my mother played in his life because if she did not also support him and allow him the time and the freedom which impacted part of our time as a family, he would not have been able to achieve what he did and for that we as a family are extremely grateful for my mother,” he said.

Sabga (N) said his father’s second family was the ANSA McAL group.

He said yesterday’s memorial was to ensure that part of the family was able to say goodbye to his father.

“I first want to acknowledge that my family would have loved for each and every one of you to have attended the funeral but if you look at the church today, and you see the cathedral almost full, there would have been no way we could have accommodated everyone at the funeral and it was for this reason that we planned this special service for the second half of my father’s family, the ANSA McAL group,” he said.

Sabga’s funeral was held on May 8 at The Church of the Assumption, Long Circular Road, Maraval.

The memorial tribute was held at the Cathedral of the Immaculate Conception in Port-of-Spain.

Sabga’s three sons—Norman, and the group’s deputy chairmen Andrew and David greeted attendees at the entrance of the church.

The memorial started promptly at 9 am with the Love Movement choir singing Reuben Morgan’s Hear Our Praises.

Monsignor Christian Pereira delivered the opening prayer.

Executive director at ANSA McAL Ray A Sumairsingh delivered the welcome remarks and reminisced about his 17 years working alongside “the old man”.

Sumairsingh said Sabga not only “gave you a fish if you needed it, but he also taught you how to fish”.

Sumairsingh said he was “coached by Norman how to interface with his dad”.

Sabga (N) told Sumairsingh “never to ramble or BS him” and that he “prefers truth, honesty and a valiant effort in attempting the task at hand”.

“He would always encourage you to stretch and reach beyond ordinary results. He used to say that if you aimed for the stars even if you fall short you might reach the clouds,” he said.

Sumairsingh said deceased businessman Michael Mansoor persuaded him that when you work with Sabga you learn something every day. Sumairsingh said “a truer statement” he has not heard.

“Working with Dr Sabga was a full education unparalleled by any business school. Whether you continue to work in the group or not, some may have left, but all recognise that we are better businessmen, better decision makers, better leaders because of the cut and thrust of being with Dr Sabga.”

Sabga was given a musical tribute by Wendell Constantine who did a remake of Leonard Cohen’s Hallelujah in his honour.

Both Raviji Maharaj and Bro Noble Khan reminisced about their time working alongside Sabga and the humility and love he exuded.

Raymond Edwards, Nigel Floyd and Edward Cumberbatch from the trio QEDTT (Quod Erat Demonstrandum–Latin for that which has been proven—Trinidad and Tobago) sang the ANSA McAL song Together.

AG: More action on PP, PNM corruption

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Attorney General Faris Al-Rawi is promising a lot more action to come as they investigate corruption and allegations of corruption under the under the People’s Partnership government and the present administration.

“Wherever corruption raises its head, including under a People’s National Movement (PNM)) Government, we would take action with transparency,” Al-Rawi said.

He said unlike the previous administration where numerous pre-action protocol letters were issued but not one single matter bore fruit, civil actions related to corruption will soon come up in the courts

Al-Rawi was giving an update on the raids carried out by the Anti-Corruption Bureau (ACIB) on the offices of five contractors earlier this week. The premises of TN Ramnauth & Company, Motilal Ramhit & Sons Construction, Namalco Group of Companies, Kall Co Ltd and Fides Ltd were searched for documents related to the award of some $400 million worth of contracts by the Estate Management Business Development Company (EMBD) under the PP government.

While on a tour in San Fernando with Works and Transport Minister Rohan Sinanan and Mayor Junia Regrello yesterday, Al-Rawi did not go into specifics on the matter.

He noted, “T&T has awakened to work which has been going on for a considerable amount of time. We have been telling the population on a continuous basis that action is being taken. There is a lot more action to come to the fore.

“What I can tell you is that after $1.2 billion of legal fees being spent by the previous administration, fattened legal fees that cannot be justified, and $444 million spent by Ag Ramlogan in particular, not a single matter commenced by them has borne fruit.”

Al-Rawi said the PNM Government was taking a very quiet and educated approach to dealing with corruption. He said they have passed on certain information to the TTPS and some of the work being done is now coming to the public domain.

“What I can tell you, is that you will soon see in the civil courts, fruits that have been ripened,” he said.

‘It’s like nobody cares’

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Mary is afraid for her son’s mental state. Mary’s son is one of several individuals who have been directly affected by the 53 court cases now in limbo as a result of the resignation of former chief magistrate Marcia Ayers-Caesar.

Mary’s son, a murder suspect, has been in jail since 2010.

According to a release from the Judiciary dated May 25 all of Ayers-Caesar matters will be restarted “de novo” (from the beginning).

Mary said her son was “heartbroken” when he heard this.

“I am afraid for his mental state. I have spoken to him but the problem is he wants to get out (of jail) and doesn’t look like it is a possibility anytime soon,” Mary said.

Mary’s son professed his innocence to her, claiming “he did not ‘even know the man who was murdered’.”

She recalled that her son was charged one year after the murder he is alleged to have committed.

Apart from the mental burden, this situation has also been a financial burden on the family, she said.

“We are not a rich family, but I had to find money to pay for a lawyer for my son, I could not just leave him in there to rot,” she said.

“I didn’t have a choice...I didn’t expect my son would still be in prison and affecting his mental capacities and everything.”

Mary said it would be a wasted investment if the case has to restart anew.

Mary said she feels like she has been “spinning top in mud”.

“I don’t think they really understand that these are not just case numbers, these are actual people. People who have had their lives put on hold and are now just being told let’s have a do over. It’s not fair.”

When her son was first arrested he had a three-year-old daughter. She is now ten years old.

“It is hard for an innocent man to have to deal with a situation like that. They simply want to start over. It is sending him crazy and I am really upset too,” she said.

Mary broke down while speaking to the Sunday Guardian about the situation.

“So much can and has happened in seven years. Imagine being told that all that has happened so far is just to be erased,” she said.

Among the matters that Ayers-Caesar left behind were several murder cases.

Mary chose not to reveal her identity for fear that her son would be victimised as a result.

“I don’t really want to say too much but the truth is I am hurting, the family is hurting my son is definitely hurting, it’s like nobody cares.”

On Thursday, 39 cases left in limbo by Ayers-Caesar were called before Acting Chief Magistrate Maria Busby Earle-Caddle.

There were legal wrangling between the Director of Public Prosecutions Roger Gaspard, defence attorneys and Earle-Caddle about the way forward.

On that day, Jonathan Phillip got on bended knee and begged Earle-Caddle to send him home.

Phillip, who is charged with murder, has been in custody for the last eight years.

Phillip said his son was two years old when he was first incarcerated. Phillip’s son is now aged ten.

“Like I guilty until proven innocent,” Phillip said.

2 children struck by stray bullets

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Two young children were casualties of a shooting on Friday night in Maloney. Up to yesterday evening they remained warded at the Eric Williams Medical Sciences Complex in stable condition after suffering injuries to their hands.

Sister and brother, Lael, 11, and Lian Alexander, nine, were reportedly walking down the stairwell with their mother, La-Danya Alexander Moolchan, in Building No 7, Maloney Gardens, around 9 pm when they were shot.

The children were said to have been ahead of their mother on the stairwell.

When the Sunday Guardian visited the building yesterday, residents who did not want to be named, said they did not know much about the family.

They did not even know the names of the children or their parents except that the occupant of the apartment was “Mr Leo” who died about two weeks ago, and that the children and their parents were in and out since then. The apartment was on the third floor. The family is originally from central.

One female resident said, “Some fellas run in the building and start to shoot up...wild shots nah, and the children pick up stray bullets. But one of the children was brave because the sister hug up she brother and they went and hide.”

She claimed she heard about 15 shots.

Another resident said the gunmen started “spraying shots in the air. All I heard was bang, bang, bang, bang”. The resident claimed the shooters, from another building, would get drunk and come across to their building and “let go shots”.

Man killed in St James

Early yesterday morning a man identified as Ian Blackett was shot and killed at Dundonald Hill, St James.

Reports are that the 41-year-old man used to live in the area but had not been there for quite some time. After residents heard gunshots around 10 am, they saw him lying on his back in a track close to some stairs off Dundonald Hill. He died at the scene.

Police seize marijuana, gun, ammunition

Meanwhile, officers who conducted anti-crime exercises on Friday seized a quantity of marijuana, ammunition and a rifle.

Officers of Maracas Bay police and coastal patrol, led by Snr Supt Sagramsingh, ASP Sooker, Sgt Taylor and others, went to an abandoned house in Las Cuevas where they found one AR-15 rifle with one magazine and 12 rounds of 5.16 ammunition.

They also found a quantity of marijuana in the Maracas Bay fishing village. No one was arrested.

Police also found 50 rounds of 7.62 rounds of ammunition in Aranguez in a similar exercise.

Clear my name says Thorpe

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I have absolutely nothing to do with that situation. So said Dr Marjorie Thorpe in a letter from her attorney Justin Phelps yesterday after her name was incorrectly printed on the ballot papers at the Law Association of T&T’s (Latt) special general meeting on Thursday.

At that meeting, members of the Latt were called upon to vote on five resolutions with respect to a loss of confidence in Chief Justice Ivor Archie and the Judicial and Legal services Commission (JLSC) arising out of the last appointments to the High Court bench.

On the ballot papers Thorpe was twice incorrectly identified as being a member of the JLSC.

However, Thorpe, a former chairman of the Public Service Commission (PSC), has not been a member of the JLSC since July 2016. She was replaced by PSC chairman Maureen Manchouk.

Following the meeting, Latt members expressed a loss of confidence in Archie and the JLSC and called on them all to resign.

The JLSC members called upon Archie, Manchouk, Roger Hamel-Smith and Humphrey Stollmeyer to resign.

“As you would readily appreciate therefore, my client’s name appearing on the ballot in type, and crudely (and incompletely) scratched out and replaced in manuscript by another name would be insufficient to insulate my client from the adverse effects of the prominent publication of that ballot paper together with the allegations and negative publicity now being directed at the JLSC,” Phelps stated in his letter.

Phelps stated that Thorpe, one of this country’s former ambassadors to the United Nations, “is wholly undeserving of any damage to her good name that may have resulted from the public association of her name with the allegations and disputes” currently facing the JLSC.

Phelps said Thorpe “was not in any manner whatsoever involved in the process leading up to those appointments, having ceased being a member of that body in July 2016”.

Thorpe has called for her name to be cleared but is not expected to take any further legal action.

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