Five days after she went missing, Republic Bank employee Nikisha Winter-Roach was found near her Chaguanas home yesterday morning.

According to reports, around 7 am Winter-Roach’s neighbours called police and her relatives after seeing her walking near her home at Edinburgh 500 South.

Police arrived on the scene within minutes and took Winter-Roach, whose hands were bound, for a medical examination at the Chaguanas Health Facility. Police said she appeared disoriented when she was found.

Winter-Roach was still being interviewed by detectives of the Anti-Kidnapping Unit up to late yesterday, as they attempted to piece together details of her whereabouts since she went missing last Wednesday.

In a post on his Facebook page yesterday morning, Winter-Roach’s brother Jason thanked his relatives, friends and members of the public for their support.

“Paramedics said vitals are good, she lucid, she just had some discomfort at her feet where she appeared to have been bound. Waiting for further updates after medical and police personnel conduct their investigations,” Winter-Roach said.

Speaking with a reporters outside the centre while Winter-Roach was being examined, a relative, who asked to remain anonymous, said the family was happy she was returned safely.

“We were praying hard for this and God answer our prayers,” the relative said, as she claimed that the family would issue an official statement on the incident later.

When a news team from the T&T Guardian visited Winter-Roach’s home yesterday morning and afternoon no one was home. Several of her neighbours refused to comment on her disappearance, as they claimed to know little more than what was reported by the media.

Winter-Roach was last seen around 5.20 am last Wednesday at her home. She was expected to go to work at the bank’s Glencoe branch. However, her boyfriend made a missing person report around 4.30 pm that evening, after she allegedly failed to respond to her calls and messages.

In an interview with the T&T Guardian on Monday, Winter-Roach’s manager Michelle Palmer-Keizer said Winter-Roach did not turn up for work on the day of her disappearance, but was there the day before. No ransom request was made to her family before her eventual release.

In an interview with the T&T Guardian on Monday, relatives said they were fearful for Winter-Roach’s safety as her disappearance was totally out of character.

“She disappeared without a trace. Not a phone call from her and what is even more strange for us is how she was last seen very early in the morning and the time of day that the missing report was made, which was just a few hours after she was last seen,” the relative said.

Speaking about the state of the investigation yesterday, Central Division head, Snr Supt Kenny McIntyre, said: “She would have been found in a disoriented state. Whatever happened, we will deal with it on a stage by stage basis.”

Investigations are continuing.

Arima man missing 

Meanwhile, detectives of the Anti-Kidnapping Unit are also investigating the disappearance of a man from Arima yesterday.

According to a post on the T&T Police Service’s Twitter account yesterday afternoon, Penal Police were seeking the public’s assistance in locating Keshava Druva Sookraj.

Sookraj, originally from Arima, was reported missing by his relatives around 3 am. The post, issued around midday, stated that Sookraj was last seen in the vicinity of Ramjattan Trace, Penal. He was reportedly bare foot and was wearing blue chequered pajamas.

The shareholders of CL Financial (CLF) are accusing the Ministry of Finance of providing misleading information over their refusal to allow Government’s continued control of the company’s board.

In a press release on the issue yesterday, shareholder spokesman Kirk Carpenter sought to defend former government minister Mariano Browne, who was criticised by the ministry over his explanation for the strained relationship between the parties.

Speaking on his radio programme last Friday, Browne had claimed the shareholders’ decision to refuse to sign off on an 18th extension of the shareholder agreement with Government was based on the Government’s decision to reject a proposal from independent audit firm PriceWaterhouseCoopers in January.

The proposal, titled Project Rebirth, suggested that the control of the company be returned to shareholders and that the company’s repayment plan of its $15 billion debt to the Government be restructured.

The following day, however, the ministry issued a release challenging Browne’s claims which stated: “Mr Browne’s time line is completely wrong because the last extension to the shareholders’ agreement expired on August 31, 2016 and the so-called “plan”, Project Rebirth, was only submitted by the shareholders on January 6, 2017, over four months later.”

It went on: “It is not possible therefore that the shareholders refused to extend the agreement for the reason advanced by Mr Browne. It is regrettable that a former minister in the Ministry of Finance would misrepresent the facts in this way.”

In his statement yesterday, Carpenter admitted that the agreement expired last year, but noted that Government only suggested a renewal on February 23 this year. Carpenter attached a copy of the agreement to buttress his claims.

“The Government dropped the ball, and only sent the SA in February 2017 so Mr Mariano Browne was absolutely correct, and what the MoF said in their media release is not correct, because we never received the extension to sign in August 31, 2016, as the Ministry media release stated, therefore the PwC Project Rebirth plan was submitted on the 6th January, 2017, to the MoF but the SA extension was only provided to the shareholders on 23rd of February 2017,” Carpenter said.

He suggesting the delay in renewal meant that the Government’s four directors were improperly operating on the company’s board for almost seven months.

“Please note the shareholders do not draft the extension, as it is only provided by the Ministry of Finance and we only had sight of it on February 23, 2017,” Carpenter said.

The original shareholders’ agreement was signed with the Government as part of its bailout of CL Financial’s cash-strapped insurance company Clico in 2009. Under the agreement, the Government was allowed to nominate four people to the company’s seven-member board inclusive of the chairman.

The shareholders’ decision to refuse to sign an extension and their subsequent move to appoint two new members to the board to retake majority control, was said to be the catalyst of Government’s move to wind up the company last week.

High Court Judge Kevin Ramcharan had initially refused to appoint provisional liquidators for the company, but his decision was reversed by the Court of Appeal last week.

As part of its ruling on the provisional liquidators, the Court of Appeal attached multiple conditions over their remit. The provisional liquidators will have less power than traditional liquidators, as they are merely hired to assess the company’s assets and ensure they are not disposed of pending the determination of the petition to wind up the company. Under the agreement, almost all of the decisions of the provisional liquidators will also have to be approved by the court.

The petition comes up for hearing before Ramcharan in early September. If successful with the petition, the Government will then be able to appoint traditional liquidators who would seek to sell the company’s assets in order to repay Government and other creditors their debts.

In response to the latest claim, Finance Minister Colm Imbert last evening told GML the Government will make a comprehensive statement on the CLF matter later this week.

The Privy Council has dismissed an appeal from a group of 41 convicted murderers, who were challenging a decision to commute their mandatory death sentences to terms of life imprisonment and 75 years in prison.

Delivering a 30-page judgement on Monday, the United Kingdom-based appellate court upheld the decision of the local Court of Appeal in the case, which was made in 2014.

The appeal centered around a class action lawsuit by six members of the group, who had challenged the ability of former president Noor Hassanali to use his constitutional power of pardon to commute their mandatory death sentences in 1993 and 1998, following a Privy Council ruling in the Jamaican death penalty case of Pratt and Morgan.

That infamous case introduced a rule which prevents the State from executing people who have spent over five years in prison awaiting the results of the appeals over their convictions.

The convicted men who filed the claim on the others’ behalf are Dexter Lendore, Evans Xavier, Allan Henry, Deshan Rampharry, Norbert Williams and Victor Baptiste.

In their judgement, the British law lords ruled that Hassanali was allowed under the Constitution to commute the sentences to give effect to its judgement for convicted persons who were affected. However, like the Court of Appeal, the Privy Council ruled that Hassanali had employed the wrong process, as he he was required to have the Mercy Committee consider each of their cases individually as opposed to grouping them together.

Despite their failed lawsuit, the group was given a lifeline as the law lords ordered that the case be sent back to the President and the committee for their consideration, but did not suggest that they would be automatically successful in getting their sentences reduced.

Lord Justice Anthony Hughes, who wrote the judgement, said: “Whether they (the sentences) differ will no doubt depend on the weight accorded in each case to the individual and to the general factors, and all substitute sentences will take into account the system of reviews which will attend them.”

The Court of Appeal had made a similar order but it was stayed pending the determination of the appeal.

In their judgement, the Law Lords also rejected the men’s submissions that their substituted sentences constituted cruel and unusual punishment, as they do not allow the possibility of eventual release. Hughes ruled that the claim was misconceived, as it failed to consider that under the Prison Rules all persons serving more than four years in prison were entitled to review of the sentence every four years

“A prisoner is also entitled to petition the president for clemency, and on such a petition, where appropriate, the advisory committee and the minister advising the president must consider whether all the circumstances of the case call for continued detention or not,” Hughes said.

Hughes also rejected the convicts’ claims over the unfairness of the committee and the petitioning process.

The convicts were represented by Edward Fitzgerald, QC, Ruth Brander, Amanda Clift-Matthews, Gregory Delzin, Mark Seepersad and Theresa Hadad.

Peter Knox, QC, and Navjot Atwal represented the State.

Non-governmental organisations (NGOs) worldwide have seen their budgets cut significantly over the last decade as companies and government donors have less resources to disburse.

This is also the case in T&T and much of the Caribbean, and it raises the question of what NGOs need to do to attract the limited funds that exist.

Jason Narinesingh, director of compliance for the Eastern and Southern Caribbean at Scotiabank, gave local NGOs advice last week on how they could survive and what needs to be done for them to be more efficient.

He began by addressing one of the biggest challenges NGOs face in this era: the lack of funding.

“Funding is the lifeblood of the organisation. We are aware of the challenges that are facing us now. NGOs have different types of partnerships that they depend on for grants, funding and donors.”

He said because of the changing world and with less money available for NGO funding, the relationship must move away from just receiving a cheque annually from a donor.

“Sometimes we need to come out of the insular way we are thinking. Let us think about what is changing in our world. Are we in the bubble syndrome that there is a global landscape of change that is sweeping? How is the NGO impacted by what is going on in the world?”

Narinesingh added that tighter financial regulations worldwide will have an impact on the way NGOs operate.

He referred to the World Association of NGOs (WANGO) that has a code of conduct of how NGOs should operate and advised local NGOs to read it and use it as a guideline.

“It says that NGOs should be transparent, an NGO should have all its information available to the public and there should also be accountability.”

He also advised NGOs to understand the importance of compliance.

“NGOs want to ensure they are compliant with regulations so there are proper checks and balances to the systems internally. It makes financial sense. When you cut corners and do things substandard, you end up paying more in the long run not only financially but with your reputation. It makes financial sense to have proper accounting, budgeting and audit systems,” he said.

He added that NGOs with good compliance systems are well respected and donors tend to be attracted to them.

“At then end of the day, it is about earning the public’s trust. If your NGO is clean, then people will come to you.”

Narinesingh spoke last Thursday at Scotiabank’s Insight series at the Hyatt Regency Hotel, Port-of-Spain.

According to Scotiabank, the series was launched in 2016 is designed to help motivate and inspire participants.

The focus this year was on NGOs.

Accountability

Marina Hilaire-Bartlett, executive director of PSI-Caribbean—a global non-profit organisation focused on the encouragement of healthy behaviour and affordability of health products—also spoke on the importance of funding for NGOs.

She said in the 1990s to early 2000s, funding for NGOs was very big but this declined later on.

“A lot of them focus on HIV and AIDS. The reality is that money was flowing from large international aid agencies. The global funds to fight AIDS, tuberculosis, malaria came from agencies like the World Bank and the President’s Emergency Plan For AIDS Relief (PEPFAR). The reality was billions of dollars in funding that came to the Caribbean as well.”

She said after that surge in the mid 2000s there was a shift with less money being donated to NGOs.

Part of this was the downturn of the global economy and companies having limited funds.

She gave advice on how NGOs could do more to attract that smaller NGO funding available.

The first was to diversify the areas of focus.

“The traditional donors are not there in the same way. It now gives us an opportunity to innovate and build new relations like with Scotiabank and other private sector donors.”

She also said because of T&T’s gross domestic product (GDP), the country is not seen as a poor country but as middle income to high income. This means T&T should be able to address its own social issues and that international donors are channeling their smaller pool of funds to Africa, some parts of Asia and poorer regions of the world. However, Hilaire-Bartlett said that might not represent T&T’s true realities and its social issues remain.

She added NGOs being financially accountable is another big step needed in attracting donations.

“We have to be accountable for the money that is given to us. This means consistent financial oversight—whether it be weekly or monthly—and in ways that are effective and efficient so that we know where the money went.”

She concluded by saying that even in her organisation, they have done some “drastic downsizing” over the last year.

“We have had to cut overheads by 80 per cent, I had to let go more than half my staff. That was difficult as we still had to maintain relationships. But we still had to maintain our financial accountability and oversight,” she said.

NGOs should be transparent, an NGO should have all its information available to the public and there should also be accountability.”

The University of the West Indies’ St Augustine principal Brian Copeland says the campus has taken no decision to lower the entry requirements for the Faculty of Social Sciences due to any drastic drop in the number of applicants. In giving this assurance yesterday, Copeland also sought to clear the air on how applicants to any programme are assessed.

Last week, when questioned on the issue after it was raised in the media, Education Minister Anthony Garcia had said the prerequisites for entry were lowered for only the certificate programmes offered at The UWI’s Faculty of Social Sciences. A Prior Learning Assessment Requirement (PLRA), he said, would also be done for applicants.

In a statement yesterday, Copeland admitted that in the case of Social Sciences, the number of applications to “a few programmes has declined,” pushing the modal score in the pool for selection of applicants closer to the lower level matriculation requirements.

However, he said “in all educational programmes, whether academic or vocational, a range of skill sets or competencies are measured against well-established competency levels that range from basic knowledge and understanding to the higher order cognitive levels associated with the ability to analyse, create, and synthesise solutions to problems.”

He said unfortunately, public discourse this week has focused only on entry qualifications as an indicator of programme quality, rather than on the “mechanisms” that academic institutions put in place for students who, upon entry, could build upon their knowledge and skills to achieve the output standards.

Copeland said the lower level, formal, academic entry requirement into a programme at UWI is five CSEC passes, inclusive of English and Mathematics, but added that for close to 20 years, the university-wide matriculation requirements always allowed for three CSEC passes, plus relevant experience for mature students, defined by the university as 21 and older.

“It would be appreciated that the entry statistics for applicants into a programme will vary each year as it is dependent upon the academic profile of the pool of applicants, and the number of spaces available within a programme of study in a given year. Over the years, however, the competitive environment has pushed the selection criteria way above the minimum requirements in most programmes,” Copeland said in the statement.

He said it was also important to note that the institution, in particular its Open Campus, has recognised the need to extend its reach to the “under-served” and also the value of prior learning.

The UWI, Copeland said, has “frontally” engaged discourse on how this continuous learning for adults can be matched against educational goals, or a programme of study.

“In the case of Social Sciences, the number of applications to a few programmes has declined, pushing the modal score in the pool for selection of applicants closer to the lower level matriculation requirements. Here, other tools are used for assessment as listed above, a critical one being prior learning assessment for mature students,” he said.

“The Certificate Programme in Public Administration, which was widely discussed, was one such programme with declining numbers. In order to broaden the catchment, the Faculty is expanding its focus to mature (as defined by UWI) individuals with a minimum academic requirement of three CSECs, together with prior learning and work experience or equivalent to gain entry into the programme.”

Copeland said in the not too distant future the public would see more efforts by the university to broaden access so as to enrich its student body with individuals who, regardless of their prior academic achievements, demonstrate the potential to succeed. But this, he said, would require going beyond the traditional formal academic qualification which UWI studies have, “time and again, shown to be not a reliable predictor of academic success at the degree level.”

“No doubt, these initiatives, as do all paradigm shifts, will be opposed by those who are well entrenched in the status quo, particularly in a society that places formal certification on a very high pedestal,” Copeland added

Devon Matthews’ and Ella Andall’s popular 2017 hit D Journey boomed through the capital as the streets of downtown Port-of-Spain were transformed into a myriad of colours yesterday, as hundreds donned their regal Emancipation garbs to participate in the annual Emancipation Day celebrations hosted by the Emancipation Support Committee.

Many onlookers said the song, performed by the deceased soca star and veteran Andall, was apt as it embodied the struggles of this country’s African ancestors.

Matthews, 36, died two weeks ago as a result of a heart attack after performing at a fete.

Also taking part in the annual parade—carefully monitored by scores of police officers— were Prime Minister Dr Keith Rowley, National Security Minister Edmund Dillon and Minister of Community Development, Culture and the Arts Dr Nyan Gadsby-Dolly.

Despite the heat, the proceedings created a festive atmosphere as young and old alike joined energetic dancers, parading Moko Jumbies and enthralling rhythm sections in dance and song.

The Prime Minister chipped to the rhythmic sounds as the procession made its way from the Brian Lara Promenade to the Greens on Piccadilly Street.

Some women dressed in elaborate head wraps accessorised their outfits with traditionally woven handbags and matching hand held fans, also elaborately decorated.

Participants yesterday gathered from as early as 7 am outside the Treasury Building and on the Brian Lara Promenade—the site where thousands of slaves gathered after storming into Port-of-Spain to protest their new “apprentice status.” The site was also where the Emancipation Proclamation was read announcing the beginning of the end of slavery.

Emancipation Support Committee chairman Khafra Kambon said he was pleased with the turnout for the celebration, but urged that more should be done to support cultural activities.

Gadsby-Dolly said she was also pleased with the crowd turnout at the event. Dillon, echoing her sentiments, said he too was pleased such a large number of people had come out to pay tribute to their African ancestors.

Among the spectators were those who came from as far as the United States and United Kingdom, also dressed in traditional African wear.

Last week, Kambon had criticised business owners who choose to open on Emancipation Day, saying that apart from essential services, all businesses ought to close their doors. He said over the years there has been a noticeable trend of businesses, especially in the downtown Port-of-Spain area, going about business as usual on the Emancipation Day holiday, which he described as not only a gross disrespect but as unfair to workers who wanted to participate in cultural activities.

After the formal launch, the masses made their way through the city’s streets to the Lidj Yasu Omowale Village at the Queen’s Park Savannah, with the Moko Jumbies, African drummers and chanting Orisha groups leading the way.

Government wants the Pan in Schools project to go Africa, Trade and Industry Minister Paula Gopee-Scoon says.

She made the disclosure at the 17th Annual Trans-Atlantic Trade and Investment Symposium at the Hilton Trinidad, Port-of-Spain, on Monday, telling the Emancipation Support Committee executive she planned to follow up on this initiative.

Saying pan is not present in Africa, Gopee-Scoon said she wanted to see more of T&T’s culture going into Africa. Comparing the deepening of T&T’s footprint into Africa last year with this year, she said the momentum has been “tremendous.”

“Our pan though, is not evident enough in Africa and I know that there is some movement in that area, Nigeria and little bit of it in Ghana. Our pan in the classrooms, there should be pan in every classroom in Africa,” she said.

“We should be exporting our pan instrument into Africa. That’s the kind of movement, and those are the kinds of conversations that we ought to be having.

“I am going to be behind you (Khafra Kambon) I want to see greater movement, I want to see more momentum, I really do want to see our steelband in the classrooms in Africa on the curriculum in Africa and our pans in Africa. I am going to be very focused and I am going to ask Minister of Culture to be engaged with Dr Mohamed Chambas (UN Secretary General Special Representative and head of the UN Office for West Africa and Sahel) before he leaves.”

The “Pan in Schools” project is an initiative of the Ministry of Education and officially began its work in 2003. According to its website, some of the achievements it can boast of include providing over 150 schools with sixteen-piece steelband ensembles and training over 250 primary and secondary teachers in utilising the steelpan to implement the music curricula of T&T.

In an interview with the media afterwards, Gopee-Scoon explained the rationale for wanting the national instrument to be taken to Africa.

“The pan is our national instrument, why not take our culture to Africa, pan in the classroom can work then, we can certainly export our steelband instrument. We share our culture as well as our energy services.”

She called for the private sector to assist further when it comes to Emancipation celebrations. She said in terms of the evolving nature of the “Emancipation Committee and the Trade and Investment Symposium it can evolve into something greater with the presence of the private sector, who have already shown an initiative of interest in the African continent. We need to shape the committee’s work and the presence of the private sector would help, and the presence of an African private sector backed initiative would be good.”

The ongoing electricity glitches at the Eric Williams Medical Sciences Complex (EWMSC) in Mt Hope should be over by year’s end with the installation of a $1.3 million custom-made electrical fixture.

This was disclosed by Health Minister Terrence Deyalsingh during the official launch of the EWMSC’s Endoscopy Suite on Monday.

Deyalsingh noted that in the past six weeks there had been four power outages at the facility, causing it to “fall off the national electricity grid.”

In the most recent incident, there was a glitch in the electricity supply on June 14, which followed a major one that occurred on April 28. Deyalsingh blamed the cause on little or no maintenance on the original electrical system.

“Since 1984 when this facility was built by the French’s Sulatech, it custom-made its electrical system and since then, for the past 33 years, there has been little or no maintenance done on the system, especially its switch gear, which is where the external T&TEC supply comes in,” Deyalsingh said.

He said that the construction of the custom-made switch gear is currently being done in Malaysia and is expected to arrive in T&T by November, “December for the latest.” Giving the reason for the long wait for a permanent fix to the electrical woes at the complex, Deyalsingh explained that the gear takes about six months to be manufactured, a few weeks to be shipped and then the installation time.

In the interim, the T&T Electricity Commission (T&TEC) has run a bypass for a temporary electricity supply.

Deyalsingh said since last year, he had given a mandate to all regional health authorities (RHAs) to identify their respective problems, “if you would notice, those following in the media, that tenders went out for electrical upgrades.”

With respect to the Endoscopy Suite, Deyalsingh said it is expected to save on bed nights and reduce hospital costs, as patients will have their respective procedures done on the same day.

Since it has been commissioned in May 2016, more than 1,600 procedures have been performed, with ten being done just on Monday.

Eight services are currently being offered, including: GI endoscopy (Gastroscopy, Colonoscopy, Sigmoidoscopy, Haemorrhoid banding and Esophagael banding); Thoracic (Bronchoscopy) and Urology (Flexible cystoscopy and Prostate biopsy). Also sharing more good news, Deyalsingh disclosed that on Friday ten paediatric cardiac surgeries were done on 10 children at no cost to their respective families.

The Ministry of Rural Development and Local Government has launched an audit into the operations of the Princes Town Regional Corporation (PTRC) following complaints regarding overtime payments.

In confirming the situation with Guardian Media, Local Government Minister Senator Kazim Hosein said Desdra Bascombe, the Permanent Secretary in the ministry, had instructed the ministry’s audit department to launch an investigation into the overtime payments and other operations of the PTRC.

The no-nonsense minister said he plans to stamp out corruption in all 14 regional bodies and noted that no corporation would be spared from the auditors.

Hosein said he had received too many complaints that corporation workers were abusing overtime and using vehicles unnecessarily.

Hosein said an audit at the Couva/Tabaquite/Talparo and Sangre Grande Corporations had also produced results and noted that an audit is taking place at the Mayaro Regional Corporation.

“I am concerned about the use and misuse of taxpayers’ money,” Hosein told Guardian media in a telephone interview.

“As public officers we are accountable to the nation as to how we spend their monies and I will not rest until corruption is eradicated under my watch. We are into local government reform and more power would be given to local bodies and we have to be more accountable to the people we serve.”

A Valsayn salesman who spent four days in custody, including two nights in the Remand Yard prison in Arouca, on what he claimed was a trumped up breathalyser charge, has won his malicious prosecution case against the state.

In ruling in favour of Nezir Khan at the Hall of Justice, Port-of-Spain, on Monday, Justice Carol Gobin ordered both sides to file submissions on the quantum of damages the state should pay Khan. She is expected to give her ruling on quantum on September 29.

 Recounting his ordeal in his witness statement, Khan said around 7 pm on February 20, 2012, he was returning from Toco with his wife, who was seated in the front seat of their car, when he came upon a police road block  along Eastern Main Road, Valencia. 

He said he complied with the directions of WPC Robinette Simon to pull to left side of the road. On the officer’s request, he also handed her his licence and insurance. Upon being questioned by the officer, he told her he was coming from Toco and did not having anything to drink. On the officer’s instructions, he then came out of the car and agreed to be administered a breathalyser test. Khan said the officer instructed him to blow into the a device which he did. He said the officer then looked at the device and him and asked why his eyes were red. Khan told her it was probably because he did some welding recently. Khan claimed the officer, in a loud tone, accused him of lying and said she was going to charge him for drunk driving.

Despite his protest, Khan said WPC Simon grabbed him by his arm, led him to the nearby Valencia Police Post and put him in a ten by ten cell in which there were about 18 people. He said around 10 pm the officer took him out of the cell and charged him with failing to provide a breath specimen for testing. She returned him to the cell and around midnight he was taken to the Sangre Grande Police Station, where he was placed in another cell with about seven men. He slept on the floor as there was nothing else to sleep on.

Two days later, on February 22, 2012, he was taken to Sangre Grande Magistrates’ Court where he pleaded not guilty and was granted bail. However, Khan was unable to access bail and was remanded into custody at Remand Yard Prison, where he was placed in another ten by ten cell with five other men and a bucket for a toilet. He also had no choice but to sleep on the ground.

On February 24, 2012, his bail was eventually taken and he was released from prison around 1 pm. Khan said he lost his job and was only able to find new employment in April 2012. The magistrate dismissed the matter on July 9, 2015 after Simon failed to show up for the trial. Khan described his ordeal as the worst experience of his life, adding it was extremely traumatic and embarrassing. 

Simon, under cross examination by Khan’s attorney Kevin Ratiram, admitted that the machine could print a receipt to reflect that a person failed to submit a proper sample after three attempts.

However, the officer admitted that she did not cause any such receipt to be printed in Khan’s case.

In her ruling, the judge said she had a particular difficulty with the fact that such a receipt was not before the court to prove that Khan had failed to provide the sample.

The judge also stated that if Khan had actually done the test but failed to give a proper sample, as Simon alleged, then there should have been a note to that effect in the Valencia Police Post diary.

Lawyers representing two murder accused, whose protracted case may have to be restarted because of former chief magistrate Marcia Ayers-Caesar’s short-lived judicial appointment, are moving to file a lawsuit seeking a stay of their case.

The announcement was made by attorney Joseph Sookoo yesterday, as his clients and the three men they are jointly charged with reappeared before Ayers-Caesar’s successor, acting Chief Magistrate Maria Busby-Earle-Caddle, in the Port-of-Spain Magistrates’ Court.

Sookoo, who held for defence attorney Wayne Sturge, explained that Sturge was yet to receive transcripts of their case, which were needed to determine his client’s position on Busby-Earle-Caddle’s decision that the cases had to be restarted.

Sookoo said Sturge intended to file the lawsuit seeking a stay of the men’s preliminary inquiry on the grounds of abuse of process and delay. He did not give an indication as to when the lawsuit will be filed.

Attorney Criston J Williams, who is representing the other three men, also said he was still awaiting the response of Director of Public Prosecutions (DPP) Roger Gaspard, SC, on the issue.

Following Ayers-Caesar’s judicial appointment and subsequent resignation, Williams wrote to Gaspard suggesting that he use his powers under the Constitution to bypass the inquiry stage and file indictments against the men or discharge them.

Responding to Sookoo and Williams’ submissions, a representative from Gaspard’s office indicated that he had received the transcripts of the case but was yet to make a decision on how it and the other 51 cases left in limbo by the Ayers-Caesar’s debacle would be dealt with.

Busby-Earle-Caddle adjourned the case to August 29 to give Gaspard time to indicate his position and Sturge time to file his lawsuit.

During yesterday’s hearing, the accused men, Chicki Portello, Kareem Gomez, Levi Joseph, Anthony Charles and Israel “Arnold” Lara, all wore matching T-shirt with slogans calling for their release, which they also wore at the last hearing. Their relatives, who were present in court, wore the same T-shirts.

Ayers-Caesar was appointed a High Court Judge on April 12. She resigned within two weeks due to the public furore over the cases she left incomplete.

Ayers-Caesar originally provided a list to Chief Justice Ivor Archie stating she had 28 matters outstanding but an independent audit initiated by Archie revealed there were actually 52 part-heard matters. The Judiciary held a stakeholder meeting and had announced that the cases would have to be restarted. However, it later reversed its position saying that the decision rests with Busby-Earle-Caddle and Gaspard.

Ayers-Caesar has since sued Archie, the Judicial and Legal Service Commission (JLSC) claiming that she was pressured to resign.

In her affidavit filed in the case, two weeks ago, Ayers-Caesar said she did not intend to mislead Archie about the number of matters she had outstanding but was supplied her information by the Note Taking Unit of the Port-of- Spain Magistrates’ Court. She also suggested that the cases could have been dealt with by other magistrates, as done in the past.

High Court Judge David Harris is expected to determine if Ayers-Caesar should be granted leave to proceed with her case in September.

Attorney General Faris Al-Rawi is currently mulling over legislation to address Ayers-Caesar’s case and prevent similar scenarios in the future.

As Petrotrin completed clean-up operations after oil deposits washed ashore at two beaches in La Brea, an environmental activist is calling on Petrotrin to disclose the source of the oil and how much leaked into the ocean.

Commenting on the presence of oil at Carat Shed and Point Stable beaches on August 1, Aboud of Fishermen and Friends of the Sea (FFOS) admitted the volume of oil was less than what leaked out from a ruptured tank in April. Some 125,000 barrels of oil leaked into the Guaracara River on that occasion and contaminated beaches in the south western peninsula.

 “But how much was this spill, where did the oil come from. Up to now, Petotrin is silent on the source, volume of the oil spill or on the associated risk it poses to the nearby communities and fisheries. What is being used to clean up this spill,” he asked.

“Disasters such as the December 2013 oil spills and the April 23, 2017 Tank 70 rupture have a long lasting impact on the livelihoods of fisher-folk, and health of the fisheries. These effects continue to be seen and felt even after 44 months of the 11 oil spills in 2013, as over 20 species of dead fish and dying shrimp continue to wash ashore daily in Point Sable Beach, La Brea,” he claimed.

He also questioned why there is no transparency on the undocumented and unreported leakages that are rated as insignificant by Petrotrin. Accusing Petrotrin of having a continuous degrading impact on fisheries and livelihoods because of continuous oil spills, he said transparency would encourage efficiency.

“And yet the public is locked out from viewing Petrotrin’s environment audits and reports such as the still secretly hidden Tank 70, 2003 report done by Shell.”

In a statement, the State-owned energy company said clean-up operations along the shoreline was completed. However, the company stated that the source of the oil was still undetermined and investigations were ongoing. The company said it would continue to monitor the beaches and thanked all stakeholders for their assistance and cooperation in completing these clean-up activities in a safe and timely manner.

The initiative was expected to be launched yesterday with 60 police officers randomly selected from 25 police stations across T&T being given the cameras to use on a trial basis.

However, while addressing media personnel at the weekly police press briefing yesterday, TTPS public information officer ASP Michael Pierre explained that it will start next Monday as the executive of the TTPS was still deciding on protocols for the use of the cameras.

“The TTPS had to review the procedures before it is launched officially. It will be launched from next week Monday when all those issues with directives will be addressed,” Pierre said.

The issue of the guidelines for the use of body cameras was raised by the Police Social and Welfare Association following the launch two weeks ago.

While general secretary of the association, Insp Anand Ramesar said that they were in support of the cameras as it would bring clarity to allegations of police brutality, he said there was no policy to guide the use of the new equipment and how the officers are judged while using it.

Ramesar had said: “What the (acting) Commissioner of Police needs to do is have a documented policy on use of the body worn cameras so those police officers will have a better understanding of how their conduct is going to be interpreted and what are the strengths and weaknesses of the body worn cameras.”

In an interview at the launch, acting Police Commissioner Stephen Williams said that the project will be supported by a departmental order that will mandate that an officer does not remove or turn off the camera and if it is done the officer will be sanctioned.

He added that based on the situation, the punishment will vary.

The cameras and accompanying supportive software have been lent to the TTPS by the Telecommunication Services of T&T (TSTT).

Speaking at the launch TSTT CEO Dr Ronald Walcott said the footage collected from the cameras will be stored automatically and the footage cannot be modified, while access to the footage requires a specific security clearance.

The camera can be submerged in one metre of water for up to 30 minutes and has a 210-degree angle with five microphones for clarity and a pre-buffering system.

Once fully charged, the cameras, which will be clipped onto an officer’s clothes, can last for 10 hours recording.

The cameras were purchased from Motorolla at a cost of $500,000. A similar pilot project was tested in the Central Division almost two years ago.

T&T Police Service (TTPS) public information officer ASP Michael Pierre made the announcement as he presented statistics for divisional performance between January and June, during a press briefing at the Police Administration Building in Port-of-Spain, yesterday.

Pierre said that the South Western, Eastern, Tobago and Southern divisions had all improved their detection rates beyond the 30 per cent international benchmark statistic.

“Four of the nine divisions have now gone above this mark namely the South Western and Eastern Divisions both having improved their detection rate to 64 per cent and 57 per cent respectively, Tobago at 35 per cent and Southern Division at 33 per cent,” Pierre said.

He said that the statistics showed an improvement for the South Western, Eastern and Tobago Divisions, who had recorded detection rates of 59, 47, and 33 per cent respectively, during the first three months of the year.

Overall the TTPS has an overall detection rate of 30 per cent for the first six months of the year.

Pierre said that there was a 10 per cent reduction in reports of serious crime for the period, with 6,772 in 2016 and 6,093, this year.

The Port-of-Spain, Western and Tobago Divisions recorded the largest drops in reports of serious crime between last year and this year, recording 30, 26 and 19 per cent respectively.

“The crime types classified as serious crimes are: murders, wounding and shootings, rape, incest and other sexual offences, kidnapping, fraud, burglaries, and break-ins, general larceny, larceny of motor vehicles, narcotics offences, possession of firearm and ammunition and other serious crimes,” Pierre said.

He said while the TTPS was pleased by the statistics, it was still concerned about the rate of murders and the proliferation of illegal firearms, which are the most common weapon used to commit them.

For the first six months of the year, there were 251 murders compared to 229 for the same period, last year. Of the 251 murders, 19 per cent have been solved by the Homicide Bureau of Investigations.

The murder toll to date stands at 282, according to the Homicide Bureau, 13 more than the comparable period last year.

In total, police seized 509 illegal firearms and 6,343 rounds of assorted ammunition during the period, compared to 402 guns and 5,493 rounds of ammunition for the corresponding period, last year.

“In this regard, the TTPS continues to intensify its efforts to achieve a further reduction in serious crimes as well as improve its overall detection rate. We have increased the conducting of strategic exercises, road checks, increased visibility through foot and mobile patrols, intensify investigations and other measures to ensure that illegal firearms and ammunition are seized and removed from the streets of T&T,” Pierre said.

A retired police officer who suffered a spinal injury while on duty 11 years ago has taken the State to court for failing to appoint a Compensation Committee under the provisions of the Protective Services Compensation Act.

Fazal Ghany, who is being represented by Opposition Leader Kamla Persad-Bissesar SC and Gerald Ramdeen, is also seeking compensation for the delay in having his claim assessed.

Yesterday, they filed an application which came up before Justice Devindra Rampersad in the San Fernando High Court, to have the matter heard during the vacation period as a matter of urgency.

However, the judge adjourned the matter to be heard today before Justice Joan Charles, at the Hall of Justice, Port-of-Spain. 

Speaking afterward, Persad-Bissessar said 11 years ago Ghany made an application to the Compensation Committee after he fell and injured his back while on the job, but his application was rejected on the basis that his injury did not fall under the Act.

After his lawsuit was dismissed in the local courts, he appealed to the Privy Council which found his injury did fall within the Act and he was entitled to compensation.

The Privy Council, in 2015, remitted the application to the Committee for his compensation to be assessed. However, Persad-Bissessar said for the past two years no Committee has been in place.

Describing as gross negligence the State’s failure to appoint a Committee, she said over 14,000 members of the protective services, including prison, fire and police officers, can be affected. The State, through its attorney Anthony Bullock, has asked for three weeks to sort out the issue. Bullock told the judge that Cabinet had recommended the names of people to be appointed to the Committee, but there was a legal issue and the appointments were not done. However, Persad-Bissessar said the State has no defence.  

She said the State’s failure to abide by judgment of the highest court of the land undermines the administration of justice and the rule of law. She also stated that any further delay would be an injustice not only the Ghany but other officers who have suffered injuries on the job. She said Ghany knew of at least five officers who were injured on the job but cannot receive any compensation. 

 In the claim, Ghany is contending that his constitutional rights were breached in that he has been denied his right to property, which is the compensation, and his right to access of the Compensation Committee and the rule of law.

He is asking the court to order the Cabinet to take steps to appoint the committee and is seeking compensation for a breach of his constitutional rights and an award of damages for the delay in assessing his compensation.  

A Moruga man died while undergoing treatment shortly after he was discovered bleeding from gunshot wounds in his car at St Mary’s Village, Moruga, yesterday.

Police are yet to determine why Ian Sylvester, 42, of Rochard Douglas Road, St Mary’s Village, was murdered.

According to a report, around 3.25 am police constables Ramdath and Guerra responded to reports of loud gunshots at Taylor Street. Upon their arrival they found Sylvester lying in the back seat of a green Nissan Sentra B-14 with injuries to his neck and head. The officers took Sylvester to the Princes Town District Hospital where he died while being treated. Police said they received information that he often slept in his car at various locations.

Homicide detectives are investigating.

The murder toll for the year now stands at 283

Auditors were unable to verify figures brought forward from 2009 concerning CL Financial’s audited statements and were unable to sign off on those statements as a result, former minister of finance Vasant Bharath has said.

Bharath spoke about the issue as debate raged on why Government was unable to access information on CL Financial’s audited statements.

Former People’s National Movement finance minister Mariano Browne had asked called on current Finance Minister Colm Imbert and the current Government to say why the Government-controlled CLF board didn’t provide audited financial statements for eight years although it was required to.

Browne had raised the queries after Prime Minister Dr Keith Rowley last week said his Government had had “great difficulty” in getting information about CLF’s financial position and there were “no audited statements” of companies. He had noted that the government-controlled CLF board was required to provide audited financial statements, as this was required under the state’s 2009 agreement with CLF majority shareholders following the bailout of its collapsed insurance subsidiaries, Clico and British American.

However on Browne’s query, Imbert had said, “I suggest you ask the UNC why in the five years and three months under their tenure, the statements were not prepared.”

But Bharath told the T&T Guardian that once the shareholders’ agreement continued to be signed and remained in effect, there would have been no necessity to have information such as revaluation of assets, cash flow and profit/loss divulged.

Bharath added, “In any event, what happened during 2010-2015 was the auditors were unable to verify figures brought forward from 2009 and were unable to sign off on audited accounts. But that’s what they’ve been working on in the last few years. I don’t know if they were able to produce audited accounts.”

Imbert is expected to make a comprehensive statement on the CLF issue following today’s Cabinet session.

Meanwhile, in a joint statement, David Walker (Clico Stakeholders Alliance), Rishi Maharaj (Disclosure Today) and Afra Raymond also said over the past eight and a half years each had made requests for financial information regarding the CLF issue.

They added, “Mr Walker requested intra group balances as far back as 2012 via the Freedom of Information Act. Had that simple report been received on a monthly basis, then Cabinet and the Finance Minister would have known about the malpractice they’ve only just discovered.

“The only reporting demanded was an unspecified quarterly report that in practice said nothing. Even then, it was only supplied to Parliament on four occasions when there should have been more than a dozen.”

They asked if Government was also denied access to information,”or, is it that they inexplicably didn’t request it. What reporting did the Cabinet and Finance Ministry demand?”

“We heard from the Prime Minister that they’ve only ‘just discovered’ a number of things that would have been obvious had they ever bothered to seek the information that we sought. After eight years and a half of expensive governmental control, the population is now being told the Government didn’t know what was being done or how taxpayers’ monies was spent while Government appointees operated.

“To protect taxpayers, Government should immediately lift the veil that they erected around their appointees’ actions and respond positively now to every one of our very basic requests. For instance, has the Government been running an insolvent company in defiance of our laws? Did we advance money to Clico/BAT based on assets in an insolvent CLF?”

They noted that Raymond had won a court action to access CLF information, but now faces drawn out appeals by successive administrations seeking to withhold information from the public. Walker and Disclosure Today also made requests that have been either ignored or denied, which “clearly demonstrates that across the political divide, there’s clear policy of denial of information to the public,” they added.

In his continued efforts to clamp down on immigrants entering the United States, President Donald Trump yesterday embraced legislation that seeks to cut legal immigration by 50 per cent in the next ten years.

This move will hamper American citizens and legal residents’ ability to take family members into the country.

The new legislation from Republican Senators David Perdue, of Georgia and Tom Cotton, of Arkansas, would place new limits on legal immigration and seek to create a system based more on merit and skills than family ties.

Perdue and Cotton introduced the legislation in February. It would change the 1965 law to reduce the number of legal immigrants, limiting the number of people able to obtain green cards to join families already in the United States. The bill would also aim to slash the number of refugees in half and eliminate a programme that provides visas to countries with low rates of immigration.

International relations expert Professor Andy Knight, who is based in Canada, said yesterday that if the bill were to be passed in the Congress, there would be some implications for Trinidadians who have family members living in the US and who wish to join them. He did not give details about the implications.

Knight said, “If it were to pass through Congress, yes it would have implications for Trinidadians who have family members living in the US and who want to join them.

“The merits based system Trump has in mind is not really like Canada’s or Australia’s. The intent behind that bill is to cut back significantly on who can get a green card in the US.”

He added that Trump’s plan doesn’t have much to show in terms of his legislative agenda, saying Trump-care went down to defeat in the Senate.

“But this half-baked attempt to reform the US immigration system is likely to go nowhere. Apparently, Trump discussed with Canadian PM Justin Trudeau Canada’s skills-based immigration policy. He claims to like the Canadian approach to immigration. However, he really does not understand it, except superficially,” Knight said.

He said the bill proposed by Perdue and Cotton was really an anti-immigration bill and nothing like the Canadian points-based policy aimed at bringing into Canada skilled immigrants who can hit the ground running and make contributions to Canadian society immediately upon arrival.

“The bill that Trump is endorsing would cut immigration into the US by 50 per cent over 10 years. It is very unlikely to pass in the Congress,” he said.

“My sense is that the draft bill by Senators Perdue and Cotton will likely not get the support it needs to get through the Congress. Trump will have failed one more time in delivering on another one of his promises.”

A 25-year-old Arouca man died on Tuesday after being chased and knocked down by a man driving a car, moments after he was forced to flee his girlfriend’s home following an argument with her former boyfriend.

According to police reports, around 10 am officers from the Tunapuna Police Station were contacted and told that three men were being chased by a group of men, including one in a car and one on a motorbike, along St John’s Road, St Augustine. When they arrived they found Akeem Reid in a ditch bleeding. He was taken to the Eric Williams Medical Sciences Complex, Mt Hope, where he later died.

Despite the circumstances surrounding Reid’s death, police are yet to classify it as a murder as they are awaiting instructions from the office of the Director of Public Prosecutions.

In a telephone interview with the T&T Guardian yesterday, one of Reid’s friends, who was with him before he was attacked, said he had earlier questioned Reid’s girlfriend, identified only as Melissa, about the stability of her ex-boyfriend, who lived in the area. The man, who did not want to be named, said after being assured by her that the ex-boyfriend was of no threat, he appeared at her home in a hostile manner.

“Somebody come and see we there and went back and tell him and he come and start to quarrel and fight. He fight with my next friend and he (Melissa’s ex-boyfriend) called his friends. They came so we had to run and leave the car we come in,” Reid’s friend said.

“When we was running one of the man friends jump in we car and bounce down Akeem and crash the car down a precipice. While we was running I was talking to the police and telling them what happening. I went by a neighbour, who tell me how to get to the river to get to the main road and me and my next friend run straight to the police station.”

Melissa, a mother of two, confirmed the friend’s claim, adding that her ex-boyfriend’s behaviour was uncalled for since they had broken up for over four years. She said before she could have quelled the situation it escalated into a fight, in which she got involved and punched her ex-lover in the face.

Melissa said Reid and his two friends arrived at her home around 6.30 am on Tuesday from a party and she allowed them to sleep over, as she knew the men had been drinking during the event and wanted to give them  time to “ketch themselves.” During the course of the morning, she sent her four-year-old daughter to her grandmother’s home because she found her own home was “crowded with men.” After doing so, she said she was called by her former boyfriend, who later showed up at her home.

Melissa said the man had seen Reid at her home before, so she found his argument this time to be baseless. She said she eventually got Reid and his friends to leave, but while doing so one of Reid’s friends got into a scuffle with her ex-lover and she stepped in and punched him in the face. This angered him and he called for his friends, she said. When the man’s friends arrived and Reid and his friends attempted to flee, one of her ex-lover’s friends jumped into a Toyota motorcar owned by Reid’s friend and later run over him.

“Right now I just want justice, because I real love Akeem and every time I see my daughter I will see his (her ex-boyfriend) face and I love my daughter too, so this is very hard for me right now. I just blaming myself. I studying I should not have let them sleep, but they was drinking and was tired” Melissa sobbed, adding she could no longer face the father of her child.

She added: “I have a lot of hate inside because Akeem did not deserve this no way no time. When I saw him in the ditch I was just telling him ‘Baby I want you to fight you know I love you and I really didn’t mean for all of this to happen’. I had no signs this was going to happen. Akeem accustomed coming by me and sleeping and it never had any kind of tension before.”

She added, with a noticeable joyous pep in her voice, that Reid was the clown in her group of friends and a “real dancer boy” who made her laugh with ease. She said they met at the Tunapuna Regional Corporation and Akeem was a very hard worker.

Reid’s killing comes weeks after teenager David Sancaro, 17, was allegedly run over by the driver of a pick-up along Southern Main Road, Otaheite, on July 16, after attempting to part a fight between two lovers. Anthony Sinanan, 37, a father of two, is currently in custody charged with murdering Sancaro and is to re-appear in court on August 21.

For the past 25 years Alta has delivered literacy instruction to adults in T&T. Alta students come from a wide range of backgrounds and come to Alta for many different reasons. For some, Alta represents an opportunity to be able to read to their children or help them with their homework. For others, Alta gives them the opportunity to further their studies or live life freely, never having to decline a job offer or a relationship due to their literacy problems.

Thousands of Alta students have graduated the programme at different levels and gone on to obtain school leaving certificates, Associate degrees, Undergraduate degrees and full-time employment. Many others are now benefitting from new found self-confidence and independence.

Today, an Alta graduate, John Bascombe shares his story. Bascombe lives in Central Trinidad and came to Alta as a Level One student in September 2009. In July 2013 he graduated from Alta and has gone on to do great things.

Check out his story:

“The way we are taught to learn to read in school, I don’t believe that is the right way for everyone. I never learned to read.

“After failing Common Entrance I went to trade school but still never learned to read and write. I first heard about Alta from a friend after I couldn’t sit CXC exams because of my literacy struggles. She told me about the programme but I decided to go to night classes instead. They were a waste of my time, there was no structure, it was highly disorganised and it wasn’t a space for someone who could not read and write. I was hesitant about joining Alta because I felt that it would be the same sort of experience, no structure and no real idea what was going on.

“I then moved to the United Kingdom to start a new life and while there met an older woman who could not hear, walk or speak but was able to communicate through writing. This touched me and I felt that it was time that I learn to do so. I didn’t plan to return home to Trinidad but due to passport issues I had no choice.

“When I returned, I enrolled in YTEPP and my course was taught by a woman who was also an Alta tutor. She encouraged me to come to Alta. I started Alta in 2009 in Level One and graduated from Level Three in 2013. After Alta I went on to do CSEC math, English, economics, POB and history and then Cape economics, MOB and entrepreneurship and psychology.

“Alta’s system is really organised, the things I learned in the Alta classroom helped me with my Cape exams, my colleagues thought I was the brightest student.

“I now work at the Kiss Baking Company in the van loading department and have decided to continue my studies by pursuing law. It is my wish to be a voice to the voiceless and I hope one day to give back to Alta by becoming a tutor. Last year I applied to the University of London through the Institute of Law and Academic Studies (ILAS) and I was accepted.

“I begin my studies in September 2017 and I look forward to becoming a lawyer.”

Alta is extremely proud of John and all students who go on to live their best life after Alta. If you know anyone who can benefit from the Alta programme, registration for free Alta classes takes place on September 5 and 6 at public libraries nationwide.

More info

Volunteer, Donate or Sponsor-a-student. Call 624-2582 or email Altapos.tt@gmail.com for more info. Keep up to date with Alta on Facebook, Twitter and Instagram: Alta TT