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Agri groups: Brace for higher food prices

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Two agricultural groups are predicting higher food prices and job losses as a result of flooding that has left farming communities in Penal, Maloney/Orange Grove, Plum Mitan and Sangre Grande under water yesterday.

The prices can sky rocket as much as 300 hundred per cent in the coming weeks, while scores of labourers could lose their livelihoods due to affected fields.

Both organisations have cited inadequate clearing and cleaning of water channels in communities as a contributing factor to the deluge.

President of the Agricultural Society of T&T Dhanoo Sookoo and president of the Farmers’ Union of T&T Shiraz Khan made the prediction yesterday, as relentless rains pounded on fields across the country.

However, Agriculture Minister Clarence Rambharat in response to Sookoo and Khan’s statement said the rain have now started and the Ministry of Works and Transport and the 14 regional corporations have done a lot of work to clear water courses.

“It is too early to be crying doom and gloom,” Rambharat said.

Yesterday, Sookoo, who toured Vega De Oropouche, in Sangre Grande and Plum Mitan, admitted that these farming communities were under water.

“Farmers in Plum Mitan have been clamouring to get their channels cleared for the past two years. We know for sure there will be a lot of flooding in this area which would lead to higher food prices for consumers.”

In addition to this, Sookoo said taxpayers would also have to pay affected farmers flood relief .

“We were in the Maloney/Orange Grove area on Sunday and observed that some areas were affected by the heavy rainfall. That is why we have been appealing for Government to provide the right kind of incentive and frame work so farmers could get involved in protected agriculture. What has happened in the last two days with open field farming we have seen heavy losses to crops.”

With work on the Point Fortin High resuming, Sookoo said some areas of the swamp in south were filled so the water is diverting and settling in fields in Puzzle Island in Penal.

“It is not only losses based on flooding. It is also losses based on rainfall damage. Flowers and young fruits on plants have been falling off while plants have been taking a battering. Crops have also been melting and rotting,” Sookoo said.

Sookoo said there has been no strong policy to take the sector forward in a sustainable direction.

“In some cases crops can increase by 200 and 300 per cent. Where farmers are supposed to be harvesting in the next three months, with the on going rain, production would be severely damaged and they would have to replant. Also people who are employed on affected farms will be out of jobs.”

She said water logged farms could lead to demand outweighing supply of commodities.

“This present Government campaigned on protecting the agriculture sector and what we are seeing is same old, same old. Once again it’s a showcasing of bad politics and bad governance. Not only with this Government but in the past. The agriculture ministry is suppose to provide a cushion for consumers when its comes to food availability and food affordability,” Sookoo said.

Khan urged consumers to brace for a hike in prices and job losses.

“We can expect commodities such as patchoi, lettuce, herbs, cucumbers, water melon, hot peppers, green peppers, ochro and tomatoes to go up. Agricultural labourers will also face the breadline when farmers’ fields are no longer in operation.With people losing their jobs this will definitely have an impact on the small man. They are the ones who will suffer.”


AG appeals UNC injunction blocking judges

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The State has appealed a last minute injunction granted to Opposition attorneys stopping the proposed appointment of two new High Court judges originally carded for this morning.
Within hours of High Court Judge Frank Seepersad delivering his decision around 2 am this morning after a marathon hearing, attorneys representing the Office of the Attorney General filed their appeal on the issue.

The T&T Guardian understands that they sought an emergency hearing and were assigned one at 10 this morning. The appeal is expected to run simultaneously with another over an injunction granted two weeks ago blocking the Ministry of Finance's drive to collect and process valuation returns forms needed for the collection of property tax.

The injunction instructing the Judicial and Legal Service Commission (JLSC) to advise President Anthony Carmona to defer the appointments, scheduled for 11.30 am today, was applied for by Opposition attorneys representing former agriculture minister Devant Maharaj, whose name is also listed on the property tax lawsuit.

Maharaj's lawyers claim the appointments might be affected by the eventual judgment in his ongoing case challenging the composition of the JLSC.

In his 22-page decision on the injunction, Seepersad said: "Having regard to the fact that the court does feel that there is a serious question to be tried, that damages in the circumstances cannot be viewed as an adequate remedy and, more importantly, that the balance of justice results in a circumstance where it is just, convenient and necessary for the court to intervene, as a greater risk of injustice can be occasioned to the public in general if persons are appointed to the office of Judge in a circumstance where the JLSC lacks the constitutional authorisation to enable any such appointment."

He also stated that there was no need for the appointments to be made immediately.

"At this stage, the court has no information before it to suggest that there is a dire need for more judges or more importantly, that the administration of justice is severely compromised and that this current state of affairs is such that without the two proposed appointments severe prejudice would be occasioned to members of the public. In the absence of any such evidence, the court feels compelled to protect the status quo pending the hearing and determination of the substantive claim," Seepersad said.

In his substantive lawsuit, Maharaj is claiming the JLSC was performing its duties without its full complement of five members. His lawyers contend that shortly after the lawsuit was
filed last month the JLSC had admitted it was operating without its full complement of members, leading to the eventual appointment of Ernest Koylass, SC, on May 17.

The other members of the JLSC are Chief Justice Ivor Archie, retired judges Roger Hamel-Smith and Humphrey Stollmeyer and head of the Public Service Commission (PSC) Maureen Manchouck.
Maharaj is also challenging Stollmeyer's position, as the Constitution states that the JLSC members are the Chief Justice, head of the PSC, a sitting or retired judge and two "persons with legal qualification...not in active practice as such". His lawyers claim that a retired judge does not fall in the last category.

Judge jitters

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The dangerous cocktail of politics mixing with the judiciary gathered more steam yesterday, after a late Monday night hearing in the High Court temporarily blocked the appointment of two new judges yesterday. The Appeal Court subsequently overturned the injunction later yesterday.

But senior members of the legal fraternity and judges of the High Court are now expressing alarm about public comments being made against Justice Frank Seepersad after his initial ruling.

Seepersad is the same judge who recently made decisions effectively stopping the Government from implementing the property tax and halting the demolition of illegal squatters in Valencia.

Questions about how Seepersad was assigned the latest case although he was in Tobago and his ability to pen a 22-page ruling within hours were the subject of ridicule on Facebook.

A T&T Guardian article dated January 12, 2013, was also reposted. That article dealt with the subject of Seepersad being considered a contender for the post of President of the country by the then People’s Partnership administration.

But commenting on the system which assigns civil cases yesterday, judiciary sources said it was implemented as part of the Civil Proceeding Rules in 2005 and is a computer-based programme. Each case is weighted based on the significance of its importance in public law.

A judge admitted there have been complaints about the inefficiency of the system, as it appeared the more efficient judges were being assigned more matters.

“Its madness to be criticised for efficiency,” the judge said.

“They are holding Frank out to be a UNC judge, that is wholly unfair,” the judge added.

A source close to Seepersad said he was aware of the negative comments on social media being made against him, some of which had a political flavour, but was not overly concerned about them. Seepersad, the source said, was more concerned about the potential risk of danger by such labels and intends to exercise “extreme care”.

The judge said judges have the assistance of Judicial Research Officers to help them outline judgments and it is not infeasible to write a detailed judgment in a few hours.

Judiciary sources said given the fact that a lawsuit challenging the composition of the Judicial and Legal Service Commission (JLSC) had already been assigned to Seepersad, once an injunction relating to the same case had been filed it would be transferred to the judge’s docket. The matter remains with the judge wherever he is assigned, the source said. The source noted that while there is always an emergency judge on standby to hear urgent applications for injunctive relief, that judge would only intervene if the “docketed judge” is unavailable.

But another senior lawyer said judges ought not to be “too thin-skinned” to be affected by public criticisms of their rulings.

Questions seeking clarity about how civil cases are assigned were not answered by the Judiciary up to press time last night.

The T&T Guardian asked: “Can the Judiciary set the record straight on how civil cases are assigned to judges?

“Also, how this particular case was assigned to Justice Seepersad in Tobago?

“Also, given the social media comments against Justice Seepersad, does the Judiciary wish to comment on this?”

The comments come after Seepersad has made three significant rulings against the State.

...Many unanswered questions

Commenting on Seepersad’s latest judgment, University of the West Indies lecturer and outspoken social media blogger Rhoda Bharath wrote: “Frank write a 20-page ruling overnight. Why he cyah take over Marcia caseload? That will clear up in what? 4 days?”

Bharath’s post drew several other comments, many of which were not complimentary. She gave the T&T Guardian permission to use her comments but not those of people commenting on her post.

In another post when the injunction was filed on Monday night, Bharath wrote: “Carmona was going to appoint two judges tomorrow. Anand Ramlogan file an injunction to block the appointments tonight. Two women were to be appointed. Guess who is the Judge the injunction in front of?

Wait for it... Wait for it... Frank Seepersad!”

In an interview yesterday, Bharath told the T&T Guardian that “the negative comments on social media are an outcome of public anxiety, not an impact of it. They stem from feelings of “unconfidence” in a judicial system. “Those feelings are hardening into a conviction that the system is flawed based on reports, columns and opinions that started off in more traditional forms of media. Social media has merely allowed members of the public who have an interest in these matters to congregate and share their views on the stories that are unfolding about the CJ, the JLSC, the Law Association of T&T (LATT) and several legal matters that are before the courts and whose outcome will affect the entire country.”

She added: “The only way to stem the tide of negativity, as you call it, is through a confident, head-on addressing of matters by the Chief Justice. And not in a press release. He needs to set the record straight, not just to his legal peers, but to a population that sees the judiciary as distant, aloof and condescending.”

Attorney Justin Phelps disagreed.

“Comments imputing bias to judges or courts are extremely dangerous, erode public confidence in the administration of justice and inhibit the ability of the State to maintain law and order.

“Such comments should be clearly and firmly condemned. In the case of Seepersad J, there is no reason to think that he did anything other than hear a case and determine it according to his view of the law and the facts. The commentary is unwarranted and should be discouraged.”

Asked whether the judiciary or Law Association, which has a mandate to protect the administration of justice, should step in to set the record straight on how cases are assigned to judges, Bharath said: “The short answer is yes. The longer answer is, it confuses me how both the judiciary and the LATT are missing this vital opportunity to have a conversation with the population about how the legal system works and how it can be improved.”

Phelps also agreed, saying, “In my view yes. The system of allocation of cases to judges is random, and a statement to that effect would be helpful.”

Asked what could be the consequences if the public buys into the perception or allegation that members of the judiciary are supporters or sympathisers of one political party over the other in T&T, Bharath said, “The consequence is already in our faces: deep public anxiety and doubt. There is a loss of confidence in the judicial system by some, and that is a dark and dangerous road to be heading down. A judiciary perceived as being politically compromised takes us further along the path of becoming a failed state. It makes us ripe for instability. So that has to be nipped in the bud at once. ..To avoid further damage the Chief Justice and the JLSC have to come to the public and dispel all of these notions.”

Phelps added, “If that perception was sufficiently widespread it would be the first step to the destruction of our democracy. There would be a basis for the political directorate to question the courts orders—erasing the primary “check and balance” upon which democracy depends.”

WHO IS FRANK SEEPERSAD

Frank Seepersad was appointed a judge of the High Court in April 2012 at the age of 40, making him one of the youngest judges in the Supreme Court. He was the former president of the Assembly of Southern Lawyers.

UNC heads to Privy Council

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​President Anthony Carmona is now free to swear in two new High Court Judges after the Court of Appeal struck out an injunction blocking the appointments originally scheduled for yesterday.

Delivering a unanimous oral decision at the Hall of Justice in Port-of-Spain yesterday, Appellate Judges Allan Mendonca, Nolan Bereaux and Peter Rajkumar dismissed the injunction which was granted by High Court Judge Frank Seepersad to attorneys representing former agriculture minister Devant Maharaj, following a late night court sitting almost 12 hours earlier.

In removing the injunction, the appeal panel also dismissed Maharaj’s substantive case in which he was claiming the Judicial and Legal Service Commission (JLSC) was not properly constituted to make the appointments and advise Carmona to swear in the new judges.

Maharaj was contending that at the time of the decision, the JLSC only had four members instead of the five as required under the Constitution. The appeal panel disagreed. The Appeal Court heard arguments for over four hours and gave its decision shortly before 5 pm. Seepersad, who heard the case via video conference in Tobago, began hearing arguments between 7.40 pm and 11.45 pm on Monday and gave his 22-page written judgment by 2 am yesterday.

The controversial issue about who is responsible for the appointment of judges was addressed in Seepersad’s ruling.

Chief Justice Ivor Archie had said that the Office of the President appoints judges, but Seepersad said the Constitution was clear that in accordance with Section 104 of the Constitution, “judicial appointments are made by the Office of the President, acting on the advice of the JLSC.”

“This court is satisfied that the commission was properly constituted and as such the substrata of the claim disappears,” Mendonca said.

Immediately following the ruling, Maharaj’s lawyer, Anand Ramlogan, SC, made an oral application for leave to appeal the decision to United Kingdom-based Privy Council.

His application was resisted by the State’s lead attorney Deborah Peake, SC, who said he needed to file an official application before doing so.

Mendonca agreed but assured Ramlogan he would be afforded a hearing on Monday during the court’s scheduled day for hearing motions, if he filed the appeal by midday today.

As Ramlogan did not apply for stay of the decision pending the final appeal, yesterday’s decision cleared the way for Carmona to host the swearing-in ceremony yesterday, but it was eventually deferred pending the determination of the appeal. The T&T Guardian learned that President’s House intends to liaise with its attorneys before moving ahead with the appointments.

Although the names of the two proposed judges have not been officially announced, the T&T Guardian understands they are Jacqueline Wilson and Kathy-Ann Waterman.

Wilson is the former Solicitor General of the Cayman Islands while Waterman served as Deputy Director of Public Prosecutions (DPP) before taking up an appointment as a judge in the Eastern Caribbean Supreme Court in St Vincent.

As part of the decision yesterday, the panel ordered Maharaj to pay the State and the JLSC’s legal costs in defending his claim. Ramlogan claimed he should not be ordered to as the case was brought in the public’s interest, but Peake disagreed as she described the claim as “frivolous and vexatious”.

In her submissions in support of the appeal, Peake rejected Maharaj’s argument over the missing commission member, as she said the Interpretation Act allowed commissions to make decisions even in circumstances when there is a vacancy. Ramlogan agreed but said it would depend on how long the commission was operating on reduced strength and if steps were made to fill the vacancy within a reasonable time.

The current JLSC members are Chief Justice Ivor Archie, head of the Public Service Commission Maureen Manchouck and retired judges Roger Hamel-Smith, Humphery Stollmeyer and Ernest Koylass, who was appointed on May 17.

Peake questioned Maharaj’s delay in bringing the lawsuit, as she said the commission members remained the same for over a year before the lawsuit was brought.

Ramlogan said his client was only able to file the lawsuit after he learned of the JLSC’s composition, following the debacle involving its handling of the short-lived judicial appointment of former chief magistrate Marcia Ayers-Caesar in April. He also rejected the query, as he noted the JLSC appointed its fifth member after his client had threatened the lawsuit.

As a secondary issue in his lawsuit, Maharaj is challenging Stollmeyer’s position, as the Constitution states the JLSC members are the Chief Justice, head of the PSC, a sitting or retired judge and two “persons with legal qualification...not in active practice as such”. Ramlogan claimed a retired judge does not fall in the last category, which was meant for lawyers.

Jamadar and Bereaux appeared to disagree with the claim, as they stated judges were attorneys before their appointment and were still qualified after retirement, albeit without permission to appear before courts for 10 years.

Maharaj was also represented by Alvin Pariagsingh, while Ravi Heffes-Doon appeared alongside Peake. The JLSC was represented by Ian Roach and Gregory Delzin for Carmona. The Law Association, which appeared in the case as a spectator party and made brief submission, was represented by Elton Prescott, SC, Rajiv Persad and Theresa Hadad.

Judiciary chaos overshadows new judges’ moment

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On the heels of the Appeal Court overturning the ruling of Justice Frank Seepersad on Tuesday, President Anthony Carmona yesterday swore in former journalist and deputy Director of Public Prosecutions (DPP) Kathy Ann Waterman-Latchoo and former Cayman Islands solicitor general Jacqueline Wilson as Puisne Judges.

The ceremony took place at the Office of the President yesterday with Chief Justice Ivor Archie overseeing it.

Archie did not take any questions from the media on the recent no- confidence motion and calls for his resignation by the Law Association, but assured that “all matters will be addressed in due course.”

In congratulating both newly-appointed judges, Archie said the most recent round of appointments by the Judicial Legal Services Commission (JLSC) came to a memorable and “very commendable close.”

“For many who are unfamiliar with their most recent career, I don’t know that we understand the calibre of candidates who have now agreed to offer their services to T&T,” Archie said.

Carmona, in his brief address, warned that the “arrows and slings” will come their way but added that he remains gratified that given their experience, knowledge and competence “that they will be able to lead from in front.”

Wilson has 26 years experience as an attorney in the public sector of T&T, the Cayman Islands and British Virgin Islands. Her international service includes extensive experience in constitutional, administrative and public law.

Waterman-Latchoo began her career as a journalist, moved to a position of communications manager at First Citizens bank in 2001, then decided to study law. She was called to the Bar in October 1998 and began serving as a prosecutor in the Office of the Director of Public Prosecutions in 2001, where she rose from State Counsel I to Deputy Director of Public Prosecutions, prosecuting in magistrates’, high and appeal courts.

In 2014 she became a High Court Judge in the Eastern Caribbean Supreme Court assigned to St Vincent and the Grenadines and also served as Chairman of the ECSC Judicial Education Institute since March 2016.

Outrage over man dying outside hospital

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An eyewitness yesterday said he saw when an “almost lifeless man” was being taken out of an ambulance by security officers at the Port-of-General Hospital and left in the hospital’s carpark.

Kevin Ramoutar, a registered patient of the Accident & Emergency department who was still awaiting medical attention by health care providers of the hospital up to last night, corroborated aspects of an earlier account shared on Facebook by Lystra Alexis.

Alexis’ video showed Christopher Phillip, 80, writhing in the carpark of the hospital moments after he was discharged from the hospital, sparked outrage.

Hospital authorities claimed that Phillip sought medical attention at the A&E for a second time, but left on his own accord before being examined by a doctor.

That was when, according to Ramoutar, he observed Phillip’s lifeless body being brought in an ambulance and saw two MTS security guards lifting him out and placing him on the ground of the car park just before midnight.

Phillip’s body was sprawled on front lawn of the hospital’s compound.

“After they drove off, I went to check on him but he was not moving. The man was practically dead. I wasn’t seeing any facial reaction and no movement of the stomach,” Ramoutar said.

Ramoutar said he was brought into the hospital in an ambulance and registered at the A&E to have his colostomy bag changed, but was turned away by nurses who told him he was smelling bad and could not provide medical care.

Ramoutar said he was not warded and decided to spend the night on a public bench opposite the A&E department when he witnessed Phillip being dumped on the hospital grounds by the security guards.

“I still here with all my things and I still have not been attended to. I don’t know what to do,” Ramoutar said.

Yesterday, chief executive officer of the North West Regional Health Authority (NWRHA), Sheldon Cyrus, denied that the hospital ill-treated or “forcibly removed,” Phillip who lived alone.

The NWRHA in a press release stated that they were deeply disturbed by the event and extended condolences to his relatives.

“We would like to assure them and members of the public that every effort is being made to complete the investigation within the shortest time frame,” the release stated.

Many described Phillip’s treatment as inhumane, uncaring, insensitive, disgraceful, wicked and heartless.

Contacted yesterday, Deyalsingh refused to speak on the matter. “I would let the NWRHA comment on that,” Deyalsingh said.

PS transferred from Ministry of Sport

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Acting Permanent Secretary in the Ministry of Sports Natasha Barrow has been transferred back to the Ministry of Social Development.

The transfer from the Sports Ministry came after a luxury weekend in Tobago at the Magdalena Grand Hotel in mid-May, where Barrow, Sports Minister Darryl Smith and a contingent of ten attended the Tobago House of Assembly’s Sports Award prize giving ceremony.

Nine people were originally invited to make the trip but three staffers, including officials of the Sports Company, were later added.

That trip cost taxpayers $91,910.43 for a three-night stay at the Magdalena Grand where the awards were held.

Following a public outcry over the huge sum, Prime Minister Dr Keith Rowley requested a report on the trip from Smith. Rowley has indicated that after considering the report he will determine what action to take.

Barrow’s last public assignment at the Sports Ministry was her appearance on Monday at Parliament’s Joint Select Committee on Public Administration and Appropriations to account for the expensive trip.

Addressing the JLSC, Barrow admitted the cost of the hotel accommodation was “high”, but said those who went had to be there for other meetings carded for discussions in Tobago. She admitted that despite the size of the delegation, they did not look at any accommodation options.

When reports broke about the cost of the trip, Barrow ordered the ministry’s IT department to launch a probe to find out where the leak of internal memos with details of the trip had come from. That search turned up empty-handed.

Another Sport Ministry employee who went on the Tobago trip, former communications officer Kate Balthazar, was also transferred out of the ministry in the wake of the reports.

Barrow previously served at the Ministry of Social Development last year before her transfer to the Sports Ministry. The transfer means that Social Development now has two PSs, Barrow and Jacintha Bailey Sobers.

In a notice to staff yesterday, Minister Cherrie Ann Critchlow Cockburn welcomed Barrow back to the ministry. Barrow assumed duties yesterday.

Public administration Minister Maxie Cuffy confirmed to the Guardian that Deputy PS Ian Ramadhin will now act as PS in the Sports Ministry.

Efforts to contact Ministers Critchlow Cockburn and Smith were unsuccessful yesterday.

PM staying far from upheaval

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It wouldn’t take long before those currently inviting Government to attack the Chief Justice move on to accusing Government of “hounding” the CJ out of office, says Prime Minister Dr Keith Rowley.

“I have more important things to do. If there are those who want to spend their time baying at the heels of the Chief Justice, they could do so if they wish. My understanding is there are specific conditions to remove a Chief Justice—and I not wasting time,” Rowley added yesterday.

The Prime Minister was commenting at yesterday’s post-cabinet briefing at the Diplomatic Centre, St Ann’s, on current issues concerning the judiciary and yesterday’s ruling concerning the Judicial and Legal Service Commission (JLSC). 

Rowley said he’d had no discussions with the Chief Justice. He said the Attorney General had talks with the judiciary some time ago on the justice system—but not the CJ’s tenure.

Rowley said he’d noted years ago, the accusation that former prime minister Patrick Manning had “hounded” former CJ Satnarine Sharma “out of office.” He said some media practitioners repeated that even now.

But Rowley said there was absolutely no truth to it. He said he’d been in Manning’s office on the day Manning told him about the matter, saying, “Look what they dropped in my lap.”

Rowley said that was a matter of serious allegations against Sharma by the then Director of Public Prosecutions. Noting Manning’s experience of being wrongfully accused, Rowley said he wouldn’t be accepting the “invitation” from those urging him to attack the current Chief Justice.

He said the JLSC court matter had been brought by members of the former (People’s Partnership) cabinet, including a former AG who was under “serious allegations of the worst kind.”

He said if the courts had ruled in the Opposition’s favour the consequences would have been quite grave” and would have served their purpose, “to create mayhem”.

Rowley said the two former High Court judges at issue in the JLSC matter were in those same positions under the past administration.

“Apparently they weren’t an annoyance to the (PP) Government then,” he said.

On perception that courts may be complicit in a political agenda, he said, “Systems are as good as the people who operate them - there ‘s no perfect system and there are very few perfect people.

“Institutions might have flaws or failings, but you need to have confidence in their inherent goodness and respond when you have flaws and demand accountability.”

Rowley said he maintained confidence in the judiciary.


PM happy as Govt beats court actions

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“It ain’t gonna happen!”

That was Prime Minister Dr Keith Rowley’s declaration yesterday, as he warned the Opposition that Government will strenuously fight any further moves to stymie his Government.

“Anybody could go to court, what we take objection to is people from the former cabinet using their free time to use the court to stymie this Cabinet—it ain’t gonna happen!” the PM added.

Rowley was speaking to the media about Government’s successes on legal challenges concerning property tax form submission and on the composition of the Judicial and Legal Service Commission during a post-Cabinet press briefing at the Diplomatic Centre, St Ann’s.

Both matters, presented by former People’s Partnership minister Devant Maharaj, failed.

Attorney General Faris Al-Rawi said Government had won five appeals in the last two days against the Opposition—four on property tax issues and also on the JLSC matter.

Rowley said Cabinet met yesterday on the developments, rather than holding its usual Thursday meeting.

He explained, “These (court matters) are two major matters which, had they gone (the Opposition’s) way in court - understanding the court is there to advance their political agenda—this country would have been in chaos.

“And it’s their intention to create chaos. Anybody could go to court, but if it’s a challenge to Government’s authority to govern T&T or to protect the public interest, Government will act all the way to the Privy Council on every occasion. That’s the reason the Cabinet met (yesterday), because had the decision been different our response would have been quite different. This, for us, is a political battle.”

He accused Opposition members of identifying the courts as a place to go to “create mayhem and disturbance”, adding if they were using this to advance their political agenda, “I intend to defend the Government against these political excursions.”

He said some people from the last Cabinet had “good reason” for not wanting the tax to materialise.

“They hold themselves out as defenders of the public interest, but they’re defenders of their own interests,” he said.

There are many with property they can’t explain who felt they might have enjoyed that forever if there’s no governance system on properties, he added.

Rowley also accused detractors of trying to force a policy to prevent the tax as the PP government had, “and I’m saying the PNM will have none of it— the Opposition will not run this country!”

He said the Opposition “went out of its way to misrepresent facts on the tax—all of it lies.”

“We respect the court’s ruling, but if we have to go to the next step, we will. Government will resist what we see as a political response to Government carrying out its oath of office,” he said, adding the ruling means the taxes can be collected.

Rowley particularly noted the court took issue with where the Opposition group had received permission to proceed in the first instance, and that the judge in that matter was “plainly wrong.”

T&T lost $3.5 billion over the last seven years of non-collection, he added, noting Government had much difficulty last month paying salaries and borrowing was required.

...Colm did bad job on selling process

The Finance Ministry didn’t do the best job in laying the foundation for the property tax form process—but it doesn’t mean anybody may get “fired” tomorrow, Prime Minister Dr Keith Rowley said yesterday.

At the post-Cabinet briefing, Rowley admitted he hadn’t been happy with the ministry’s process and had taken issue with Finance for not laying the foundation, “because I knew these mischief-makers (Opposition) would have made mischief with it.”

“I knew the population ought to have been properly prepared to receive it, since it wasn’t something they were accustomed to. Many people, while willing to participate, still had questions,” the PM said.

“I must say the Ministry of Finance didn’t do the best job of it, but that doesn’t say the ministry didn’t carry out the law and this isn’t a criticism to say somebody may get fired tomorrow.

“You may do your best, but your best isn’t enough. All we have to do is keep improving on it and we’ll keep improving. We’ll continue talking.”

Rowley said Finance Minister Colm Imbert and the Attorney General Faris Al-Rawi would explain the court rulings on the matter, but noted that “at first blush, it’s clear we can proceed to collect the tax.”

OPM Minister Stuart Young said the court ordered that public notices must first be issued stating submission of the forms are voluntary.

Rowley added that the forms would assist the public to have a say in the assessment process.

“It’s either you sit home doing nothing and the Valuation department will do their assessment and tell you what the tax is, or you can take the opportunity to tell them ‘this is what my valuation should be, I’m the owner’ or what you think the rent or tax can be. It’ll assist if you provide any information.”

Rowley said if the tax wasn’t paid in one year, it’s carried over to the next. 

Appeal Court overturns property tax injunction

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In an oral decision at the Hall of Justice, Port-of-Spain, yesterday, Appellate Judges Peter Jamadar, Gregory Smith and Judith Jones dismissed two injunctions granted by Justice Frank Seepersad to former agriculture minister Devant Maharaj last month.

Jamadar, who delivered the ruling, said while Seepersad properly granted Maharaj leave to pursue his substantive case against the tax, the injunctions were not “just or proportional” considering the facts of the case. The substantive lawsuit will come up for trial before Seepersad in September as the court ruled that there is no need to assign the case to another judge.

The decision on the injunctions was largely based on procedural errors in filing the applications and assurances from the Commissioner of Valuations that participation in the procedure is entirely voluntary and will not attract sanctions or penalties for non compliance.

As part of the ruling, the court ordered that the procedure could only be resumed after the Commissioner of Valuations, whose office is in charge of the data collection drive, publishes notices in all three daily newspapers indicating the resumption and voluntary nature of submitting the forms. The notices are to be published one day a week for three consecutive weeks, with the procedure officially resuming after the first notice is published.

Maharaj’s lawyer, Anand Ramlogan, SC, asked the court to extend the order to include notices on two television stations, but the court said the newspaper notices would suffice.

Jamadar also instructed the commissioner’s lawyers to place notices at the offices of the Valuation Division to inform members of the public who come to submit their forms and corresponding documents.

In the first injunction granted to Maharaj on May 19 on the eve of the original deadline for submission of forms, Jamadar said Maharaj failed to inform the State before filing the application. However, he noted that the State was able to make submissions on the ex parte injunction after they learned of it from media reports.

“This application was flawed from inception and should not have been entertained,” he said, as he noted that Maharaj’s attorneys sought the injunction hours before the State’s deadline for response to the pre-action protocol letter was due to expire.

“The trial judge did not treat with this issue and there was no good reason to justify the lack of notice,” Jamadar added.

In the second injunction granted upon expiration of the first last week, while the appeal was still pending, Jamadar said Seepersad’s decision was affected as the application was done orally and without the State being allowed to tender witness statements explaining its position.

“The court deprived itself of important considerations,” he said.

Jamadar said while Maharaj’s application was based on claims that Government’s data collection drive is mandatory and there would be penalties for failing to comply, the commissioner, in his evidence before the appeal panel, claimed the entire process was voluntary.

Finance Minister Colm Imbert had made similar statements about the voluntary nature of the process after he received legal advice on the first injunction.

Jamadar, who during the hearing of the appeal on Tuesday asked why Imbert had sent out press releases on the issue, said the collection of the forms is within the sole purview of the commissioner and his office should make all announcements concerning it.

Following the decision, Maharaj told reporters he still felt vindicated as the court ruled that the submissions of the forms was voluntary and not mandatory as first suggested by Imbert.

“In particular, I am pleased with the last part of the judgment where the court indicated that this property tax form was totally and entirely voluntary in nature and contrary to the position adopted by the Government of Trinidad and Tobago, which appeared to project the image that this was a compulsory form to be submitted by a particular deadline,” he said.

Maharaj also renewed his call to citizens to refrain from submitting the forms.

“Exercise the voluntary option not to submit it,” he said.

The commissioner was represented by Russell Martineau, SC, Deborah Peake, SC, and Ravi Heffes-Doon, while the Office of the Attorney General was represented by Fyard Hosein, SC and Rishi Dass. Alvin Pariagsingh and Kent Samlal appeared alongside Ramlogan for Maharaj.

JSC on mental health told: 400 students on suicide watch

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GEISHA ALONZO 

Some 400 primary and secondary students are on suicide watch because they are experiencing some degree of mental illness, with primary schools pupils as young as seven facing such illnesses.

Dr Katija Khan, co-ordinator of the masters of science psychology programme and president of the T&T Association of Psychologists, cited data in a recent Pan American Health Organisation (PAHO) report when she appeared as part of a panel before yesterday’s Joint Select Committee.

Contacted later for comment, Health Minister Terrence Deyalsingh said he was unaware of this and referred questions to chief medical officer in the Ministry of Health, Dr Roshan Parasram. Calls to Parasram went unanswered.

Khan told the JSC the gruelling SEA exam can be a contributing factor, as the pressure faced by some of the estimated 18,000 pupils writing the exam yearly could lead to mental trauma. While she did not have tangible data to support her position she suggested that such trauma and stress could be quite significant.

“This is how critical the problem is but again what is happening to these children in terms of monitoring and follow-up, I think this is where we fall short. We need to flag these kids and get them the help they need,” she said.

Khan, who is also a lecturer in clinical psychology, said there is a “glaring lack” of child and mental health services across the country.

“If there is a medical condition with a child... say a child has sustained an injury, or if they are suicidal, then they can be admitted to hospital but past that there is very little that is available.

“Also the cut off for adolescents is 16 so. After 16 they are treated as adults but you can’t put a 17 year-old on an adult ward as they have needs that are still pertinent to their developmental age. There are little psychological and counselling services available,” Khan said.

She said the programme she co-ordinated did not have an aspect of child psychology and those who continued in that field outside of the programme are not properly trained.

“There are insufficiently trained people to deliver child therapy,” Khan said, adding that the child guidance clinics in Port-of-Spain and San Fernando often had a waiting list, of at least six months due to the demand which far exceeds available resources.

“And they deliver more assessment related services, so regarding therapy and counselling I am at pains to think about where a child in need can get those services in the public sector.

“Suicide is a public health crisis in this country and it is extending to our very young and very vulnerable,” she said.

The committee was told there are no mental health facilities specifically for children so they are placed in standard children’s home which could result in problems for caregivers.

Khan said while the masters of science psychology programme is in heavy demand there was no intake this September due to lack of funding.

Khan, who is also part of a committee to formulate a national suicide plan, said since 2015 there has been a psychiatric ward at the Eric Williams Medical Sciences Complex, Mt Hope. Over a one-year period there were 121 admissions for attempted suicide and of those 80 to 90 per cent were impulsive, resulting from overbearing stress and poor coping skills.

“The vast majority is 18 to 26 years, so we are looking at a very young population,” she added.

Dr Lucretia Gabriel, chairman of suicide hotline Lifeline, described the current economic crisis as “brutal” and said it had a direct impact on mental coping skills. She reiterated that in August 2016, about 7.3 per cent of calls to Lifeline were from people considered to be at a high risk for suicide and today—within an eight-month period—that number has increased to 73 per cent, meaning seven out of ten calls received by Lifeline are from people who have seriously contemplated suicide.

On police training to deal with mentally ill people, Gabriel recommended strengthening such training, not only in dealing with the mentally ill population but also for the officers themselves to cope with the stresses of the job.

Roodal: Was Young at Camp Cumuto too?

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Oropouche East MP Dr Roodal Moonilal, who first raised the matter of teenagers photographed with high-powered weapons at the Camp Cumuto shooting range, is now asking whether another minister was present on the day Attorney General Faris Al-Rawi and his family visited the facility.

Moonilal yesterday told the T&T Guardian he had read the letter Chief of Defence Staff (CDS) Brigadier Rodney Smart sent to Opposition Senator Wayne Sturge on the issue, and found it “convoluted and confused, and left more questions than answers.” He said given the “dramatic denial of retired CDS Major General (Kenrick) Maharaj,” he is convinced the matter is “far from dead and will not go away.”

The Defence Force has declared the matter closed and Al-Rawi has described it as a “dead story.” But Moonilal said Smart’s letter suggested “the biggest cover-up in the history of the armed forces”

“The central involvement of the Attorney General and possibly other Cabinet members sends a chill up the body politic,” he said.

He is now calling on Smart to say whether Minister in the Office of the Prime Minister Stuart Young was at Camp Cumuto on October 31, 2015, the day Al-Rawi and his family visited the camp.

“Who invited Young and for what purpose?” he asked.

On Tuesday, Minister in the Ministry of National Security Dennis Moses told the Senate the T&T Defence Force board of inquiry report will be made public. Moonilal wants to know how soon this will happen, as given Maharaj’s claim that he did not authorise the visit and did not know about it, the Defence Force must clear the air.

Acting Commissioner of Police Stephen Williams has said although the army did its own inquiry into the matter, the police are also doing an investigation. Moonilal wants Williams to give the status of that probe.

For his part, Maharaj says he wants to clear his name and is challenging Smart’s claim that he was “acting on his own volition” when he authorised the visit by Al-Rawi and his family to Camp Cumuto and allowed the AG’s children to handle high-powered rifles

“As long as there is no correction of the error, I have to seek my interest,” said Maharaj, who has written to Smart demanding a retraction.

Smart is on pre-retirement leave and Captain Hayden Pritchard is the acting CDS.

“I intend to call Captain Pritchard if I don’t get a response. That will shape the next step for me but the matter is not yet closed,” Maharaj said.

Maharaj did not say whether he is considering legal options but has denied allegations of “collusion and collaboration with the UNC.” He said all he wanted was for the truth to be told.

Tension at Law Faculty

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The decision by The University of the West Indies to re-appoint the dean at Faculty of Law’s St Augustine campus is being challenged by law lecturers on the basis of its legality.

The objection, which seeks to remove the dean, Professor Rose-Marie Belle Antoine, is based on the claim that they were never consulted in accordance with the university’s laws.

Four out of the ten listed lecturers wrote to university officials expressing their concern over the re-appointment.

In addition, other lecturers have raised serious allegations against her management style, including the alleged secret taping of a conversation with a lecturer and victimisation over disagreements relating to the relocation of the law faculty to Debe.

One lecturer, Veronica Aragon, who has since resigned, claimed Antoine made inappropriate and unprofessional comments about her to people in the human rights community, “further frustrating my work here.”

The T&T Guardian understands the lecturers also intend to challenge Antoine’s re-appointment in court if the university does not rescind her appointment.

The faculty is headed by Antoine and has two deputy deans - Sharon Le Gall and former attorney general John Jeremie; senior lecturers Dr Arif Bulkan, who is on sabbatical and John Knechtle; lecturers Alicia Elias-Roberts, Dr Chumah Amaefulel, Timothy Affonso, Afiya France, Dr Jewel Amoah, and Dr Justin Koo; and temporary lecturer Ria Mohammed-Davidson.

Antoine, 54, was appointed faculty head in 2013. She is the wife of former St Lucian prime minister Dr Kenny Anthony and is said to be a close friend of former prime minister Kamla Persad-Bissessar. Antoine was given the mandate to ensure the faculty moved to Debe.

To date, the Debe campus remains shrouded in controversy, even as $250 million for the project remains untouched in the university coffers. The majority of students and lecturers are against its relocation, citing access to facilities such as library services.

In response to the claims, Antoine, in a detailed six-page response, said she was unaware of any legitimate concerns that “some” staff members may have about the process of her re-appointment.

“As you will appreciate, that is outside of my remit, since those matters fall under the purview of the University Appointments Committee and University Council,” she wrote in her response to the T&T Guardian.

She said she was confident The UWI would have followed all appropriate procedures and protocols.

But Amoah, in correspondence to UWI campus principal Professor Brian Copeland, said to the best of her knowledge and after discussion with her colleagues, “no member of academic staff was consulted at any time before the decision was made to re-appoint the dean. Nor is it evident that the vacancy in this position was advertised, whether internally or externally, formally or informally.”

She said the failure of the university to abide by its own statutes in the appointment process was “deeply troubling” and called on the university to rescind the appointment.

Similarly,Bulkan said at no time was he consulted before the decision was made to re-appoint Antoine.

In a letter to Copeland, Bulkan said, “I view this apparent breach of the university’s statutes with profound alarm and disappointment. While Professor Antoine has been an energetic dean who has shepherded the faculty through its nascent stages at this campus, renewals should not be automatic for any individual.”

Contacted on the issue, Copeland said the position of dean was not advertised because “it was a matter of a re-appointment.”

Asked what was the process for her re-appointment, he said, “As per Statute 12, a recommendation from the principal to council that takes major aspects of the incumbent’s performance over the period of appointment, including staff perspectives, then the decision by University Council who is the only body authorised to appoint deans.”

Copeland said some of the other matters raised in a meeting with lecturers were dismissed “as there was clearly a lack of understanding of process” while some were now “being addressed.”

He said Antoine was the only professor in the faculty and was an internationally recognised academic who has done exceedingly well in her first term. Antoine does not, however, hold any other teaching position at the university as the other deans.

In addressing the Debe relocation issue, Antoine said she returned to T&T after 30 years and became aware that the controversial campus “was a political football” but that she had no interest in political games.

“My primary concern is that we have adequate facilities, which we do not currently have. I am prepared to go to Toco if needs be!”

She said the decision to move the faculty to Debe was a university decision made in the academic year 2008/2009. She said it has been a personal sacrifice for her, having to take a pay-cut and give up her lucrative international consultancies to come to T&T to build “this young faculty as I was asked to do.”

 

Victimisation claims MADE

On the allegations of victimisation and that she is a poor leader, she said she considered it be a particularly irresponsible assertion, especially since not a single act of alleged victimisation was identified.

“I will therefore simply state that it is entirely untrue that I have ever victimised any member of staff,” she said.

However, lecturer Timothy Affonso wrote to the West Indies Group of University Teachers (WIGUT) on May 9 detailing complaints and fears of victimisation.

Affonso alleged Antoine came to his office under the guise of discussing an upcoming plan to attend an event. He claimed, “The dean was behaving very strangely in the meeting as she was speaking into her handbag. The dean actually secretly recorded our conversation and never told me.”

He also wrote that Antoine had played the recorded conversation with another staff member. Affonso said he had asked the dean to stop discussing matters with students as it was undermining the relationship.

Told of this allegation, Antoine admitted to taping a conversation “with a particular individual,” but said in the likely event that she would be misquoted by him she ensured there was an independent and unimpeachable record of their conversation. WIGUT has summoned Affonso to a meeting today to address his grievance.

Aragon, who resigned with immediate effect on May 1, stated she could not return to the faculty “due to a very difficult and hostile work environment.”

She complained to Dr Linda Steele, of human resources department, that “given the current leadership in the Faculty of Law, I cannot return to my post without having to face onerous and unnecessary obstacles to fulfilling my responsibilities. I have been berated for requesting consideration of my pregnancy in determining my schedule, I have been accused of lying, of simply “reading” out of a book for my lectures, have had my work constantly underestimated despite the fact that my superior is unaware of the details of the work she expects me to do.”

Antoine said it was true that over the past few months the peace which she enjoyed for her first term had been disturbed by the uncertainty of a permanent location and further marred by the fact that 75 per cent of staff was up for assessment and promotion.

She said it was understandable that people would be upset when they do not succeed and feel insecure about their status in the university community and that it would lead to some discontent, at least in the short term.

She said the fact assessment and promotion were around the time that her deanship was up for renewal also added “fuel to the fire.”

“Like all power contests, albeit a fairly insignificant one in the larger scheme of things, deanship contests are often contentious, involve a fair amount of intrigue and have different factions. Ultimately, however, the post of dean is not a popularity contest.”

Maharaj, Matthew emerge as top school athletes

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Christie-Marie Maharaj of St George East and North Eastern’s Imanni Matthew emerged the top athletes at the annual National Primary Schools’ Trackand Field Championships at the Hasely Crawford Stadium, yesterday.

Maharaj, who on the weekend at the NGC/NAAA National Juvenile Championships won the 800 metres, returned to the track to claim victory in the Girls 13-14 400m, Girls 1,500m Open and copped silver in the Girls 200m 13-15 and led her St George East team to another silver in the Girls 800 Sprint Medley 13-15, to tally 28 points.

She won gold in the one-lap event in one minute and 02.51 seconds, ahead of J’Lease Pollard of Tobago (1:04.19) and Port-of-Spain and environs’ Kianna Llewellyn, respectively. In the 1,500m, Maharaj crossed first in a time of 5:30.17, beating Kevah Scott (Tobago) 5:53.92 into second and third was Hannah Heath (North East) in 5:56.62.

In the 200m dash, the St George East runner followed Port-of-Spain’s Karessa Kirton (26.20) to the line in 26.20. Taking the bronze was Victoria’s Angel Cumberbatch in 27.74.

Maharaj, running the anchor leg in the relay, combined with Jenella Walcott, Jada Thomas and Oneka Sunderland to place second in 2:01.69 behind the Port-of-Spain team of Kianna Llewellyn, Janae Murray, Chelsea Mukerji and Kirton (1:59.39). Third was the Tobago quartet of Jinelle Campbell Dominique Scott, Aaliyah Roach and Pollard in 2:02.80.

Matthew was the leading boys’ athlete with 26 points after completing the Boys’ Under-11 sprint double and placed third in the long jump event. He won the 100m (-1.5 wind) in 13.52 with Isaiah Clark (Caroni) second in 13.61 and Jaden Clement (South East) third in 13.78. He also raced to victory in the 200m dash in 27.29, respectively beating Giovanni Bobb-Semple (St George) in 27.35 and Tobago’s Jahaziel David in 28.41.

Matthew was also successful on the field bagging a bronze medal in the long jump, leaping 4.34m. Taking the gold was Josiah Samuel (Caroni) with a 4.71m leap and silver went to Jahaziel David of Tobago. His best measured 4.52m.

Port-of-Spain was again the top district copping its seventh straight title with a total of 432.5 points. Tobago was second with 392 and third was Caroni with 340. In fourth was Victoria (337.5), followed by St George (322) in fifth, St Patrick (290.5) in sixth, North Eastern (263.5) seventh and South Eastern (161) eighth.

Earlier, Port-of-Spain emerged the winner of the March Past competition with 291 points, second was St George East with 282 and third was St Patrick with 278. Filling the other spots were Victoria (276) in fourth, North Eastern (264) in fifth, Caroni (246) in sixth and in seventh was South Eastern (198). Tobago did not participate in the parade of teams.

SELECTED RESULTS

60m

Boys U-9 (wind -0.5): 1 Savion Adams (Port-of-Spain) 8.88; 2 Siel Mills (Tobago) 9.28; 3 Josiah Hunte (St George East) 9.46

Girls U-9 (wind 1.3): 1 Jenique McLaren (North East) 9.34; 2 Makayla Cupid (Tobago) 9.52; 3 Shinelle Mark (St Patrick) 9.76

100m

Girls U-11 (-1.2) : 1 Jenna Thomas (Caroni) 14.52; 2 Lesanne Hodge (St George East) 14.73; 3 Marsha Baptiste (North East) 14.78

Girls U-13: (-2.4): 1 Janika Jordan (Port-of-Spain) 13.23; 2 Eugenie Marie Britto (Victoria) 13.57; 3 Sahara Oliver (Caroni) 13.74

200m

Girls U-11: Lesanne Hodge (St George East) 29.87; 2 Alexxe Henry (Tobago) 30.42; 3 Fatimah Springer (Port-of-Spain) 30.88

Girls U-13: Jenissa Kadoo (Victoria) 27.10; Kadija Pickering (St George East) 27.85; Janika Jordan (Port-of-Spain) 27.93

300m

Girls U-11: 1 Symphony Patrick (St George East) 47.57; 2 Kaori Robley (Tobago) 49.14; 3 Fatimah Springer (Port-of-Spain) 50.27

Boys U-11: 1 Tyrique Vincent (Caroni) 46.35; 2 Isaiah Baptiste (South East) 46.53; 3 Jayden Phillip (Tobago) 46.80

400m

Girls U-13: 1 Jernissa Kadoo (Victoria) 1:02.78; 2 Kadija Pickering (St George) 1:03.14; 3 Kianna Llewellyn (Port-of-Spain) 1:04.64

Boys U-13: 1 Antonio Joseph (Port-of-Spain) 1:01.35; 2 Kaleb John (St Patrick) 1:01.57; 3 Ben-Israel Bannister (Tobago) 1:03.13

Boys 13-15: 1 Kaylon Antoine (Port-of-Spain) 69.11; 2 Nigeria Joseph (Victoria) 1:02.28; 3 Kevin Robinson (North East) 1:01.33

Boys 1,500m Open: 1 Kevin Robinson (North East) 4:54.90; 2 Josiah St Clair (St Patrick) 4:58.13; 3 Nyah Davis (Tobago) 4:58.29

Long Jump

Boys 13-15:1 Josiah Providence (Victoria) 5.09m; 2 Joshua Mascall (St Patrick) 4.97m; 3 Luke Mohammed (South East) 4.92m

Girls U-11 (NWI): 1 Esther Alcazar (Tobago) 3.66m; 2 Onika Gooding (St Patrick) 3.63m; 3 Nanton Melania (St George East) 3.21m

Boys U-9 (NWI): 1 Jordan Hernandez (St George East) 3.22m; 2 David Jeffers (Port-of-Spain) 3.17m; 3 Jeromy Navarro (North East) 2.84m

Girls U-9 (NWI): 1 Shinelle Mark (St Patrick) 3.17m; 2 Kyla Cooper (Tobago) 2.81m; 3 Le Sean Mitchell (St George East) 2.78m

High Jump

Boys U-13: 1 Armani Lloyd (Caroni) 1.44m; 2 Stephen Olotu (Victoria) 1.41m; 3 Cordell Hackett (St George East) 1.38m

Boys 13-15: 1 Joshua Mascall (St Patrick) 1.51m; 2 Josiah Calliste (Victoria) 1.51m; 3 Jorvan Westfield (Port-of-Spain) 1.45m

Girls 13-15: 1 Kayla Balbosa (Victoria) 1.33m; 2 Janae Murray (Port-of-Spain) 1.30m; 3 Clareeze Rampersad (Caroni) 1.25m

Boys Shot Put 13-15: 1 Tyrese Murray (Tobago) 12.38m; 2 Nathan Salandy (Victoria) 11.74m; 3 Jeremiah Sutton (Port-of-Spain) 11.59m

Boys Javelin Throw 13-15: 1 Nicholas Sutherland (Caroni) 34.42m; 2 Nkosi Toney (Tobago) 32.89m; 3 Quacy Phillip (North East) 28.19m

Ball Throw

Girls U-13: 1 Clorysa Gill (Tobago) 42.53m; 2 Averilla Baptiste (South East) 41.40m; 3 Sherene Dwarika (St George East) 40.67m

Boys U-13: 1 Lebron James (Tobago) 53.65m; 2 Vikash Ramnath (Caroni) 53.10m; 3 Anthony Williams (South East) 50.40m

Girls U-9: 1 Nikita Gosine (Victoria) 25.17m; 2 Naomi Mahabir (North East) 21.96m; 3 Tyra Taylor (Tobago) 20.76m

Boys U-9: 1 Mark Buddhu (South East) 31.93m; 2 Brendon Heera (Victoria) 31.46m; 3 Roberto Badree (St Patrick) 29.37m

4x100m Relay

Girls U-9: 1 Tobago 1:02.53; 2 North East 1:03.58; 3 Port-of-Spain 1:04.01

Boys U-9: 1 Port-of-Spain 1:01.07; 2 Victoria 1:01.99; 3 Tobago 1:02.77

Girls U-11: 1 St Patrick 1:00.15; 2 St George East 1:00.65; 3 Port-of-Spain 1:00.96

Boys U-11: 1 Port-of-Spain 54.71; 2 Caroni 55.43; 3 St George East 55.62

Girls U-13: 1 Victoria 52.55; 2 Port-of-Spain 54.25; 3 3 St George East 54.41

‘Assignments a coincidence’

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The judge at the centre of the now politically charged debate regarding his rulings in the property tax case and others believes allegations of “forum shopping” stem from race, politics and coincidence, according to a reliable source close to Justice Frank Seepersad.

The source spoke to Guardian Media yesterday and pointed out that “human error” or “manipulation” of the case filing and assignment system is possible, but not by any judge.

Seepersad’s rulings in at least three recent cases —the injunction blocking the implementation of the property tax, stopping the Commissioner of State Lands from demolishing squatter homes and barring the Judicial and Legal Service Commission and Office of the President from appointing two new High Court judges—has placed him at the centre of scrutiny from the Government and members of the public. Two of his rulings—the property tax injunction and against the appointment of the judges—have since been overturned by the Court of Appeal.

In an interview with Guardian Media, the senior legal figure claimed race and politics were behind the frenzy of allegations of possible misconduct.

But race and politics are actually at the bottom of the list of theories about what happened, how and why.

According to the source, “while it is true that the case assignment process is computerised...and there is no human intervention, it is highly possible for a person with access to the mechanics of the system to change the weightings of matters, meaning a change in the weightings of matters could affect how cases are assigned.”

A second flaw, he pointed out, is the possibility that incorrect case file numbers could be manually filled out on the case forms. Wrong case numbers would also affect how matters are assigned to judges.

At the same time, the source said what happened to Seepersad in the last two weeks was both an unheralded development and a coincidence.

On the theory that related matters or cases with similar context are often assigned to the same judge to save the court time in background research and case law, he said while that is true there is also a possibility that judges with higher turnover of matters are assigned new cases in a shorter period of time.

On how Seepersad came to be assigned the matters, he also pointed out there was a roster which provided for one emergency judge per week. But he insisted that only confidential court employees had access to that information. He added that only the Chief Justice himself could authorise the reassignment of a case without committee oversight.

And what about the suspicion surrounding the turnaround time for Seepersad’s written judgment? Claims that Seepersad wrote a 22-page legal judgment in less than half an hour are now being categorically denied.


AG seeks answers

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Attorneys for the State are suspicious of how so many high-profile cases filed by former United National Congress ministers are all ending up before the same judge and has written to the Judiciary seeking answers.

Correspondence exchanged between the Attorney General’s Office and the Registrar of the Supreme Court detail a list of queries and alludes to what judicial sources described as “forum shopping” in order to get a specific judge to hear the case.

In the instance of the lawsuit challenging the property tax, the case filed by former government minster Devant Maharaj had initially been assigned to Justice Robin Mohammed, but was withdrawn, amended and refiled within 24 hours before it was assigned to Justice Frank Seepersad.

Maharaj’s legal team said there was nothing sinister when the matter was filed on May 18 and withdrawn within 24 hours, because the events detailed in the initial lawsuit had changed significantly and the documents had to be redrafted.

At the time the initial lawsuit was filed the deadline date for the submission of Valuation Return Forms was May 22, but the filing attorney claimed she was alerted by a T&T Guardian online story which stated Finance Minister Colm Imbert had announced at a post-Cabinet press conference that he had extended the deadline date to June 5. As a result, Maharaj’s lawyers claimed the documents had to be amended.

But former attorney general Anand Ramlogan SC yesterday dismissed claims his client was “forum shopping” and described the suggestion as a “preposterous and ridiculous allegation” in an interview with Guardian Media.

In an interview last night, Attorney General Faris Al-Rawi said he had instructed that a letter be written to the Registrar “to deal with the open and very politically charged allegations made by Ramlogan and repeated by the Opposition Leader that there was some conspiracy between the Judiciary and the Attorney General as to the management of this case and in particular the Court of Appeal appointment and hearing on the Monday following the injunction on the Friday.”

Al-Rawi said it was also necessary to write the Registrar on two separate occasions—the first issue was to respond to claims made by Ramlogan regarding the timeline of events after the injunction was granted and in a separate correspondence was to document the inspection of the case as “we were informed but could not confirm that several cases were filed.”

“It was important for us to identify the number of cases the State needed to prepare for to litigate,” Al-Rawi said.

Asked whether such correspondence can also have the effect of eroding the public’s confidence in the Judiciary, Al-Rawi said: “I personally have tremendous confidence in the Judiciary and I’m aware of the processes for the docketing of matters before judges, and the State is not going to be made a party to any criticism of the Judiciary as we maintain a proper regard for the separation of powers.

“We will vigorously and robustly prosecute the right of the State, including any defence, in which we are called to litigate.”

Maharaj, in a statement, accused the Government of launching a “politically motivated attack” against Seepersad. He said the People’s National Movement had “a history of attacking judges when things do not go their way.”

Maharaj said the computerised system of allocating cases to judges was “under the control of the judiciary and the Registrar of the court.”

“My case against the JLSC was filed and I was advised by the court registry that it was assigned to Justice Seepersad. I was told that this was a random assignment. What was I supposed to do?” he asked.

He said the first judge assigned to the property tax case was Justice Robin Mohammed, who was the trial judge in Ramlogan’s defamation case against former minister Jack Warner and awarded $1 million to Ramlogan.

“I was not unhappy that the computer had randomly assigned a different judge when the amended claim was re-filed, as I did not want anyone to think that Justice Mohammed would be biased in my favour because he had ruled in favour of my lead attorney in that high-profile defamation case,” Maharaj said.

“It is therefore ironic that this mischievous claim is being made now, as this was the very thing I had sought to avoid. If the judiciary has a problem with the way its computer programme randomly selects and assigns judges to try cases then I suggest that they deal with it instead of trying to blame innocent citizens for matters they have no control over.”

Walcott, Ahye get bronze at Rome Diamond League

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Javelin thrower Keshorn Walcott and sprinter Michelle Lee Ahye both produced impressive performances that earned them bronze medals at their respective events at yesterday’s Diamond League in Rome, Italy.

Walcott, an Olympic Gold and bronze medallist produced a season’s best throw on his fourth throw of the competition to land a distance of 86.61 metres for third.

The event was won by Olympic champion, German Thomas Rohler who hurled the spear almost the length of the field for the gold medal in 90.06 metres and continue the form that earned him Gold in Rio de Janeiro.

Another German Johannes Vetter stole the runner-up position and silver medal after landing a distance of 88.15 metres, a mere two metres behind the eventual winner of the event.

Walcott who fell short of defending his title in Rio last year, got his campaign going yesterday by hurling the javelin a distance of 82.01 metres. He improved on this on his second attempt, completing a distance of 84.02 metres, before pulling off his bronze medal performance throw, which bettered even his winning throw at the London Olympic Games back in 2012.

Lee Ahye on the otherhand, was also on fire on the night in lane six, storming down the tracks in a quick 11.07 seconds in the 100 metre dash to be third-best on the night. Dafne Schippers of the Netherlands claimed the win and gold medal in 10.99 seconds while Marie-Josee Ta Lou of Cote d’Ivoire was second best for the silver.

Lee Ahye’s time of 11.07 was a long shot away from her personal best time of 10.58 seconds but was good enough to finish behind Ta Lou who was fourth in Brazil last year and Schippers, who despite her efforts in races that led up to the final, was fifth in the end.

Among the men Canada’s Andre De Grasse provided proof of his intentions to beat World and Olympic champion Usain Bolt at the World Championships in August in London when he warmed up with a victory in the 200 metres final in Rome.

The Canadian was hardly challenged running in lane six, as he cruised to victory in 20.01 second and had the time to look on as France Christophe secured second in 20.29 seconds. Ameer Webb of the United States was third in the half-lap event in 20.33 seconds.

Judges bat for Seepersad

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Several civil judges have expressed alarm over what appears to be an attack on the integrity of Justice Frank Seepersad, as questions are now being raised about whether politics has infiltrated the walls of the Judiciary.

The concern came even as another story broke yesterday raising the issue of “forum shopping” in high profile matters involving former government Minister Devant Maharaj - one dealing with the property tax and the other with the challenge to the appointment of two new judges on the recommendation of the Judicial and Legal Service Commission.

In both cases, Seepersad ruled in favour of Maharaj and granted injunctions which were subsequently overturned by the Court of Appeal.

Forum shopping is the process of deliberately manipulating the computerised selection system to get one’s judge of choice.

In an exchange of emails within their circle, which were obtained by the T&T Guardian, several judges expressed solidarity with Seepersad and outrage over the challenge to his integrity.

Commenting on the situation in an email dated June 8 (Thursday), a senior judge expressed outrage “at the scurrilous attacks on our brother Frank,” but was pleased that the Judiciary was sending out a release to clarify the selection process.

Expressing concern about the impact the situation is having on the public, another judge stated, “It is wise for the judiciary to publicly explain the docket system (on the civil side) as being random, based on algorithms used by the court office’s computer, and the weight of matters in each judge’s docket. I look forward to a public statement.

“There is ample proof in this randomness as, even if we have raised critical issues among ourselves within the judiciary about its operations, and suits questioning those very operations are filed, the algorithms are applied blindly, to place that matter on whoever’s docket the computer selects, without the unwanted hand of any human intervention.”

He added: “To me, the unwarranted social media attention on Seepersad J is an opportunity to explain that the docket system is working perfectly, something that is very heartening to all of us. “

However, agreeing with another judge who expressed concern about the system being manipulated, the judge said, “The filing of a claim, docketing, withdrawal of claim, and refiling until a “more desirable” judge is docketed must also be guarded against, as it upends the random assignment of cases and affects our case loads. As a first step, an investigation should be carried out at the registries to gather data.”

After Seepersad granted the two injunctions in the property tax matter, social media users began questioning why only Seepersad had been presiding over matters of public importance involving United National Congress members and the state. Attorneys for the state have also since written to the Judiciary seeking answers on how so many high-profile cases, including the property tax, ended up before Seepersad.

It was suggested that the UNC was forum shopping until its matters ended up before a judge of their preference, but led attorney for Maharaj, Anand Ramlogan, SC, has since dismissed these allegations.

A source close to Seepersad also said while “forum shopping,” may be possible, a judge has no control over that. The source claimed race and politics were behind the attack on the judge.

Man jailed for showing porn to children

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A 54-year-old Arima man who showed pornography to two children was sentenced to 24 months in jail after being found guilty of the offences on Thursday.

Clifford Llewellyn a mechanic from Carapo, Arima, will also be registered as a sex offender in the Sex Offenders’ Register.

Llewellyn, who is alleged to have shown the children, aged eight and 10, child pornography while engaging in a sex act in their presence, was arrested in 2015 after the children’s parents reported him to the La Horquetta Police Station.

Llewellyn was found guilty by Arima Magistrate Gillian Scotland, who sentenced him to a total of 24 months on the two charges. However, he will serve 18 months as the sentences are to run concurrently. On exposing the children to pornography, Llewellyn was sentenced to six months in jail and for the second offence of engaging in a sexual act in the presence of the children, he was sentenced to 18 months in jail.

In a media release yesterday, the police service said Magistrate Scotland, in handing down the sentence, lamented the psychological impact such incidents have on the life of a child and the prevalence of abuse against children in the country.

Llewellyn was arrested on July 3, 2015, by Sgt Michelle Lewis of the Northern Division’s Child Protection Unit, after he was reported on June 28, 2015. The offences are alleged to have taken place at his home.

Law body warns media about reports

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The Law Association has also come to the defence of Justice Frank Seepersad, saying it “deprecates any suggestion of political bias” on the part of the judge.

In a release singed by president Douglas Mendes, SC, yesterday, the association also said it is the duty of the registry of the High Court to bring to the attention of the Judiciary any attempts at “forum shopping.” It is also cautioned the media against “blindly repeating what is being peddled on social media.”

The association said the judge was “not responsible for nor has any control over the assignment of cases to his docket.” This, the association said, “is done randomly through an electronic system administered by the High Court Civil Registry.”

It also dismissed concerns about the speed with which the judgment in the challenge to the swearing in of the new judges was delivered, saying “neither can inference be properly drawn from the alacrity with which he approaches his judicial functions or the efficiency with which he discharges them.”

It noted that the possibility that an attorney may seek to manipulate the system by filing and re-filing proceedings until it is assigned to a judge of their liking is also beyond the particular judge’s control.

Mendes urged the “registry to take steps to ensure that any suspected attempts at forum shopping are immediately brought to the attention of the judiciary, so that remedial action can be taken.”

He also cautioned the print media “to be mindful that blindly repeating what is being peddled on social media serves only to legitimise the unsubstantiated statements of persons who are not bound by a journalistic code of ethics.”

The association noted that “tweets and social media posts may not be credible sources of news.” He also urged “otherwise responsible members of the profession and society as a whole” to “desist from posting, re-tweeting, sharing or circulating online messages which, unless substantiated, could only serve to undermine public confidence in the judiciary.”

The statement came on the heels of a statement from the judiciary which explained the process to assign cases at the Supreme Court.

The judiciary said there is a computerised case management system in the supreme court “designed to randomly assign judges to new cases upon filing.” It said the system is further supported by a “calendaring and Case Management Committee, should there be need for a judge to recuse his or herself or if the judge is unable to sit for any reason after random assignment, or to address any problems relating to assignments under the system.”

It explained that the application for an injunction to stay the swearing-in of two new judges “was filed as part of the substantive matter against the Judicial and Legal Service Commission which was already before Mr. Justice Frank Seepersad who was assigned the substantive matter by the computerised system.”

Video conferencing hearings, it said, “is not unusual and has been a feature of civil court operations since the implementation of the Civil proceedings Rules in 2005.”

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