Roti police.

This is the phrase Opposition Senator Gerald Ramdeen used to describe four police officers who have allegedly been “assigned to run customers” from the High Way Roti Shop, after the owner of the establishment reportedly refused to supply free roti for a senior police officer’s son’s wedding.

The establishment is located at the corner of Nelson Road and the Solomon Hochoy Highway in Freeport.

Ramdeen made the comments while speaking during the Motor Vehicles and Road Traffic Act in the Senate yesterday.

Calling on Attorney General Faris Al-Rawi, who is a member of the National Security Council, to immediately probe the matter, Ramdeen said, “While the sanctioned strength of the Police Service is almost 1500 officers or less...we have almost three robberies a day, two motor vehicle larceny per day, people being raped, murdered and kidnap throughout T&T...the Police Service has the resources to have two police vehicles parked up at the High Way Roti Shop with four officers...two in each vehicle for about 12 hours every day guarding the High Way Roti shop.

“We cannot afford to have four officers telling people proceed when they stop to buy a roti because a deputy commissioner of police wanted free roti for his son’s wedding,” Ramdeen said.

He said this was something that deeply disturbed him and urged Al-Rawi to investigate where a vehicle, registered PCU 692, was parked on Monday.

On the issue of road deaths, Ramdeen also said many notable figures, including the brother of Senate President Christine Kangaloo, had lost their lives on the nation’s roads. He said he too had experienced a related tragedy in his own life as one of his cousins died in an accident. He also took the police to task for failing to properly enforce the laws, especially in areas others than on the highways.

A father from St Joseph, who served as a getaway driver in an armed robbery committed by his two sons, has lost his appeal against his sentence. Delivering a written judgment on Tuesday, Appeal Court Judges Alice Yorke-Soo Hon and Mark Mohammed dismissed all five grounds raised by Curtis Joseph and his sons, Joshua Etienne and Trevon Joseph, in their appeal against the eight-year sentences they received.

The judges ruled that the father’s sentence was correctly calculated by Magistrate Cherril-Ann Blake due to the unique circumstances of the case. The judges said: “The magistrate considered the case to be a peculiar one involving a father and two sons carrying out a robbery. She correctly identified, as a unique and very serious aggravating factor, the fact that the assailants were a father and two sons.”

“We are of the opinion Curtis’ role as a father demands in principle a higher sentence than his two sons to reflect the gravity of actions, the denunciatory objective of the sentence and the deterrent objective,” they added.

While the court affirmed Curtis’ sentence, they felt that his sons’ were entitled to discounts on theirs as they co-operated with police after they were arrested for the crime. Trevon’s sentence was reduced by a year, while Etienne’s sentence was reduced by two years as he was the one who handed over the stolen items to police. The robbery took place on March 16, 2012, while the victims—Avillon Murray and her sister-in-law Annmarie Ali-Williams were walking along the Eastern Main Road, St Augustine, near to the tunnel by the University of the West Indies.

The women were approached by two men, armed with knives, who robbed Murray of her handbag containing two cell phones and $1,134 in cash. The women said the robbers escaped in a silver Nissan Primera which was parked nearby. The brothers and their father were arrested later that evening while driving near their home. They confessed to the crime, with Etienne admitting that the handbag was stashed at Curtis’ house.

None of the defendants testified at trial but Curtis’ attorney contended that on the night of the robbery he and his sons went to a gas station in St Augustine and KFC in Curepe Junction, before they were arrested on their way home. He denied any wrongdoing. The State’s case against Curtis, who was labelled the getaway driver, was circumstantial as the victims were only able to identify the brothers.

The family were represented by Keith Scotland and Raphael Morgan, while Angelica Teelucksingh and Mauriecia Joseph represented the Office of the Director of Public Prosecutions (DPP).

Former Works and Transport Minister Devant Maharaj is raising questions as to whether the process for securing a passenger ferry for the seabridge has been tainted by political interference.

Maharaj told the T&T Guardian yesterday that he had received information from a confidential source at the Port that in the week of November 24, a recommendation on the selection of a ferry was made to the Port Authority of Trinidad and Tobago (PATT).

The recommendation, he said, was sent to the Government but did not find favour with the political directorate.

His source, he said, has indicated that the ferry would be re-tendered or the evaluation committee would be changed so as to arrive at a selection “acceptable to the political directorate.”

Maharaj is calling on Works and Transport Minister Rohan Sinanan and the PATT to “come clean and clear the air on the selection process for the fast ferry.”

He recalled that at a political meeting on September 22, Opposition Leader Kamla Persad-Bissessar revealed that the specs in the tender had been revised and she had asked then whether that was done “to make it easy for a specific party to secure the tender.”

Maharaj said given what has transpired in the two months since the tenders were opened and the evaluation process started “the allegation of the Leader of the Opposition has to be investigated.”

President of the Inter-Island Truckers Association Horace Amede expressed frustration at the situation.

He said the truckers had received information that the Port had “cancelled the tenders for the fast ferry leaving us in a quandary as to what will happen next.”

Amede said over the past months the problems on the cargo service had been unbearable.

He reported that there have been “oil leaks in the engine room of the Cabo Star.

It is a fire hazard waiting to happen,” he said.

In addition, Amede said, the general air-condition on the vessel is not working and the arrival time of the vessel to Tobago “remains a big issue.”

Fixin T&T President Kirk Waithe is also raising questions as to why there has been a delay in the latest tender for a passenger ferry to service the inter-island seabridge.

The tender was issued in September for the supply of a fast ferry on a two-year time charter, following the cancellation of the contract for the Ocean Flower 2.

Waithe said this tender was promised to be completed within two to three weeks but there has been no word from the Ministry of Works and Transport or the Port Authority of Trinidad and Tobago (PATT) on the matter.

Bridgemans Services Group submitted a tender for the Ocean Flower 2 in the September tender.

Waithe is calling on the Port Authority and the Ministry of Works and Transport to say whether Bridgemans Services Group or any person representing the interest of the Ocean Flower 2 had been allowed to survey and measure the ramps at the Port-of-Spain and Scarborough ports and whether this courtesy was extended to all parties bidding to provide a vessel in response to the last tender.

He said Bridgeman’s Services Group has proven to be “patently unqualified” to provide vessels for the seabridge.

Efforts to contact Works and Transport Minister Rohan Sinanan for comment via phone and WhatsApp yesterday were unsuccessful.

Calls to Port Chairman Alison Lewis’ mobile phone also proved futile.

Petrotrin’s legal team is still reviewing reports from Kroll and Gaffney, Cline and Associates on oil which was allegedly not supplied by A&V Drilling.

More than two weeks after official reports from the two international companies were handed in, the State-owned energy company is awaiting advice on how to proceed with the matter but is assuring that it will be resolved in the interest of the country.

Petrotrin chairman Wilfred Espinet said it is very critical from the company’s standpoint that the matter be handled properly.

“The most important thing for Petrotrin is to ensure that we protect our ability to get what is due to us,” he told the T&T Guardian on Tuesday.

“If there has been a difference in what we have paid for and what we are supposed to pay for, I do not want Petrotrin to be disadvantaged and to get back whatever it overpaid for.”

While there is public sentiment that the matter is taking too long, Espinet said Petrotrin has moved with urgency to bring in the forensic audit team.

He said: “As soon as we were able to determine that there was consistency with their findings and the findings of the internal audit we went to the public.”

The Kroll and Gaffney Cline reports have been passed to “people with specific competencies to deal with how we should go forward,” he said.

“It is still with them. We have no response from our people yet as to how we should go forward.”

“We as a board very clearly are not going to be party to any sweeping anything under the carpet. We are mindful of the fact that process is more important in this case than being right or wrong. You will appreciate while this may have public interest, my bigger interest in Petrotrin is to ensure that we don’t lose money.”

Espinet said the board is particularly careful about the process and has adopted a very thorough approach and that is why it has not identified eight or nine persons who were implicated and an employee identified in the report has been given every opportunity to come forward and make known what happened. The board was expected to get a report on the status of that employee when it met yesterday.

An internal audit for the period of January to June showed that Petrotrin paid more than $80 million for oil which it had not received from A&V Oil and Gas, the contractor on the Catshill Field. Those findings were confirmed by Canadian forensic consultant Kroll.

Another report commissioned from global oil and gas consultants Gaffney Cline found that the reservoir was not capable of producing the volumes in question.

Based on those findings, the Petrotrin board has asked the company’s Internal Audit Department to widen the scope of the investigation into matters dating back to 2016.

Late Monday night, the Office of the Prime Minister announced that Allyson Baksh, daughter of A & V oil and Gas CEO Haniff Nazim Baksh, had resigned her senatorial position.

Former Energy Minister Kevin Ramnarine said her resignation was inevitable as well as instructive in that it is an admission that all is not well regarding the serious allegations levelled against her father’s company.

The former minister expressed concern at the silence of Minister of Energy Franklin Khan since Petrotrin made public the findings of the Kroll and Gaffney Cline reports 11 days ago.

KEVON FELMINE

kevon.felmine@guardian.co.tt

Even though it's been over a month since widespread floods brought hardship to thousands of families, the effects are still being felt by many.

This is the reason why residents of Avocat, Fyzabad were grateful for the Bankers Association's (BATT) $400,000 donation to flood-affected communities throughout Trinidad.

Yesterday, BATT started its distribution of food hampers, mattresses, refrigerators and stoves in the farming community.

This will be followed by distributions in the Mayaro/Rio Claro, Tunapuna/Piarco and San Juan/Laventille regional corporation districts.

BATT treasurer Darryl White said they will be distributing 500 mattresses, 1000 hampers and dozens of appliances.

He said quite often in cases of floods, when the water subsides, the news cycle ends and people forget about the victims.

While flooding has become common, he said when livestock and crops are destroyed, it affects the economic cycle of a community.

"In our instance, certainly the news cycle does not end and we want to keep a focus on those communities that are affected, the families that are affected and help everybody get back on their feet again in some small way," White said.

Fyzabad MP Dr Lackram Bodoe said approximately 200 residents in the Avocat area were affected by the flood.

Bodoe said the area was only accessible by boat for several days.

He said he was happy that the problem has not been forgotten.

While life was improving for the residents, he believes it would take some time before normalcy is returned.

Therefore, he called on Government to expedite flood relief as residents would like to have a cheerful Christmas.

"There was both psychological and emotional trauma from these floods and the physical damage that took place. There is still the need for small appliances, furniture and things like that," Bodoe said.

Judgment in a lawsuit challenging the selection process for which Carnival bands representative should be on the board of the National Carnival Commission (NCC) is expected to be delivered one month before next year’s celebrations.

High Court Judge Joan Charles set a date of January 10, after she issued deadlines for the filing of additional submissions in the case brought by the T&T Carnival Bands Association (TTCBA) against Community Development, Culture and the Arts Minister Nyan Gadsby-Dolly earlier this year.

While attorneys for both parties had already filed their submissions to facilitate a judgment before the start of the Carnival season, TTCBA rival organisation, the National Carnival Bands Association (NCBA) recently filed an application to be added as a defendant in the claim.

The application was granted on Tuesday as neither of the other parties raised objections.

Charles said: “They (NCBA) are part of the entire structure and it would only be fair for me to hear what everybody has to say and then make a decision.”

In their lawsuit, the TTCBA is challenging Gadsby-Dolly’s decision to appoint NCBA president David Lopez to NCC’s board for six months in January.

The TTCBA contends that the decision is unfair as it was made while discussions were taking place over which body was “most representative of Carnival bands.”

The NCC’s legislation only states that the body with the designation should be represented on its board but does not name either of the associations.

The TTCBA is also contending that Gadsby-Dolly’s decision was illegal as she is only able to make two-year appointments to commission’s board under the NCC Act.

The group, which claims to have more members than the NCBA, is seeking an order compelling Gadsby-Dolly to have consultations on the issue of representation and for her to come to a final decision on the issue.

Gadsby-Dolly has agreed to refrain from making further appointments until the lawsuit before Charles is determined.

The TTCBA is being represented by Shiv Sharma and Vivek Lakhan-Joseph, while Justin Phelps and Anthony Vieira are representing the NCBA.

A 26-year-old man who admitted to killing a businessman and stealing his car over a decade ago has been sentenced to 30 years in prison.

Nicholas Khan received the sentence from High Court Judge Hayden St Clair-Douglas in the Port-of-Spain High Court on Tuesday, almost 11 months after he had pleaded guilty to killing 53-year-old Ricky Mohammed.

Khan was initially charged with Mohammed’s murder but was able to plead guilty under the felony-murder rule.

Under the rule, judges are allowed to waive the mandatory death sentence for murder and accept guilty pleas in circumstances where a death occurred during the commission of a lesser criminal offence, usually robbery.

Khan is expected to be released in nine years and eight months as he was given a one-third discount for his guilty plea and the time he spent on remand was deducted from his sentence.

St Clair-Douglas also shaved off three years from Khan sentence because the prisoner had expressed remorse for his actions and had been described as a model prisoner by prison officials.

He noted that since entering the prison system at age 17, Khan was able to obtain several education qualifications and was involved in counselling fellow prisoners.

Mohammed was killed on October 17, 2007, during a robbery.

Khan claimed that he and a friend, who was never arrested by police, went to rob Mohammed but the victim resisted.

Mohammed’s relatives found his body in his upholstery shop located along the Southern Main Road in Curepe after he failed to return home from work the previous evening. His Toyota Corolla was missing.

An autopsy revealed that Mohammed was bludgeoned to death with an industrial stapler.

St Clair-Douglas sentenced Khan to seven years in prison for stealing Mohammed’s car but ordered that that sentence run concurrently with the 30-year sentence.

In passing the sentence, St Clair-Douglas said there were no eyewitnesses to the crime and it was unclear what had transpired in Mohammed’s store.

“It cannot be stated it was a significant violent attack,” St Clair-Douglas said.

However, he noted that Mohammed’s murder had caused significant trauma to his wife and two children.

Constable LeVon Sylvester reportedly told his colleagues on Tuesday night that he had no idea he was assisting alleged fraudster Vicky Boodram in escaping from legal custody when he picked her up at the Women’s Prison in Golden Grove on Monday.

Northern Division officers arrested their colleague at his Santa Rosa, Arima home through his cell phone signal around 11 pm, and he initially told them he was unaware he was being sought for interrogation in connection with Boodram’s escape.

Sylvester was still being interrogated by officers from the Professional Standards Bureau last night.

From what they had been able to piece together up to yesterday, around 4.30 pm Monday Sylvester picked up SRP Lisa Navarro at her Arouca home and told her she was needed to secure the release of an inmate at a female prison. The two arrived at the Women’s Prison in a marked Nissan X-trail around 5.15 pm and presented prisons officers with what appeared to be a court order requesting that Boodram appear before a Tunapuna magistrate.

After receiving the request, prison officers contacted their superior, a warrants officer, and informed him of the situation and were given the green light to release Boodram into the care of the police. After collecting Boodram, Navarro was dropped off at her home and both Sylvester and Boodram left.

According to CCTV footage, Sylvester parked the police vehicle at the back of the Tunapuna Police Station sometime after 6 pm and left. There was no signs of Boodram.

Navarro reported to work at the Tunapuna Police Station and was arrested on Tuesday morning. Sometime between Monday afternoon and Tuesday morning, however, someone also contacted the prison and said Boodram had secured bail.

The prison service became concerned when no documentation affirming this was presented. Boodram was scheduled to appear before both Port-of-Spain and Siparia Magistrates’ Courts on Tuesday. Her Port-of-Spain matters have been adjourned to next month.

It was alleged that both Boodram and a male companion arrived at the Siparia Magistrates’ Court on Tuesday, where she told a clerk she had been granted bail and has not been seen since.

The homes of the two officers and Boodram’s were searched yesterday. Police said they also interviewed some people outside the prison and police officers and are looking for others.

Court officials told the T&T Guardian yesterday that the official request for an inmate to be released is made through documents that are stamped with the necessary court rubber-stamp and Judiciary letterhead, but noted these can be easily duplicated.

A prison official yesterday said every time an inmate is released or received, police officers escorting the prisoner present documentation stating the inmate has has to appear in court or has been returned to prison.

The official said they have been requesting an integrated system between the courts, police and prisons for a seamless transition, but that has not been forthcoming. The prison officer added that the only time a prison officer escorts a prisoner to court is when he has been convicted on one matter and has a pending matter before the courts.

A media release from the Prison Officers’ Association yesterday said the prison keeps “remandees” on the request of the court until otherwise instructed, adding it is the police service which is responsible for transporting inmates to and from court.

“This incident provides an opportunity to look at how the courts, prison and police manage these offenders, especially in the area of how they communicate. In these modern times, with a great number of technological advancements in offender management, we need to get our collective acts together,” the release said.

“Management of these very important agencies/organisations on behalf of the people of Trinidad and Tobago can no longer be business as usual.

“The continued apparent one dimensional approach to addressing crime and criminality continues to do us a disservice.

“We would like to see this particular incident crystalise efforts to bring us to the point in recognising the criminal justice system is to be managed as one unit and not separate entities competing for limited resources, believing one is more important than the other.”

Prison officers at the Women’s Prison in Arouca have to shoulder some blame over the escape of accused fraudster Vicky Boodram, a senior police officer at the Court and Process Branch said yesterday.

Speaking with the T&T Guardian under a condition of anonymity, the officer claimed checks and balances in the prisoner transport procedure could have prevented Boodram’s escape on Monday.

The officer said whenever accused persons were remanded into custody by magistrates or judges, remand warrants are issued. The warrants, which contain the date on which they are due to reappear in court, are handed over to prison officials when the accused are taken to the remand facility.

“When we go to collect them we do not go with any documents. The prison would give us a list of the prisoners who they have to come to court on that day,” the officer said, as he explained the prison list was complied through remand warrants it received.

“The only time we go with another document to collect them is when a magistrate brings up the matter and gives a replacement warrant for them to come to court.”

The officer said if the two police officers accused of assisting Boodram had presented documents, the prison officers had a responsibility to verify their authenticity.

“If they (the police) produce a remand or replacement warrant you have to know from who it came from.

“You mean to tell me that you just let her go and everybody knows there is no night court here?” the officer said.

Contacted yesterday, a popular criminal defence attorney also raised questions over the incident based on his experience in court, prison and police procedure.

“That whole situation sounds weird...It sounds like a case of prison and police officer collusion to me,” the attorney said.

He explained that in situations where a judge or magistrate varies a remanded person’s bail in their absence, the Prisons Service is informed directly by the Supreme Court Registry or the Clerk of the Peace at a Magistrate’s Court.

“If there is something that happened in your absence, then the Registrar or Clerk of the Peace faxes a copy to the Welfare Department of the Prisons Service.

“When they receive the fax copy, then a Justice of the Peace can come to the jail and process the bail,” the attorney said.

He also questioned whether a writ of habeas corpus was used in Boodram’s escape and if so, why it was accepted by prison officers. Under the writ, a High Court Judge orders that a detained person be brought before a court by their detainer, who is called upon to justify their continued detention.

Under the process, which is regularly employed by persons who are detained by police for lengthy periods without being charged, the head of the body detaining the person is served with the court documents and is required to get their agents to transport the individual for the hearing.

Habeas corpus applications are rarely granted in absentia, with judges waiting for the person to be brought before them before making final orders that they be released.

If the correct process was used in Boodram’s case, the Commissioner of Prisons would have had to be informed and would have had to retain attorneys to explain her continued detention.

“The jail operates on official documents. The police have no say in a jail.

“When they want to see a man for a murder enquiry, they are subject to prison rules on supervision that apply to anyone else,” the attorney said.

The mother of escapee Vicky Boodram wants her daughter to surrender to the police.

Still reeling in shock at her Gambal Street, Siparia home yesterday, Indra Lall said the incident had left her upset and hurt.

“This is worst than the first time (Boodram’s arrest),” said Lall as she wiped her tears away.

Sitting on a chair in her gallery facing the roadway, Lall said since her daughter’s incarceration she sits there every day hoping in vain to see her daughter walk through the gate. However, Lall does not expect that Boodram will ever come home or call her.

“Vicky is too smart for that,” said the mother.

Lall said she had no idea where her daughter could be hiding, but felt it would make no sense making a public appeal to her daughter, whom she described as stubborn.

Asked what she would say to her daughter if she made an appeal, she said: “I will tell her to turn herself in because it is a worse matter. There is no good thing about it. What more can I say, but is if she would heed.”

Lall has been visiting Boodram at least once a month in prison since her incarceration last year. Recalling her last visit with Boodram last month, she said her daughter was her usual self and gave no hint that she was planning an escape.

“She was very normal. Vicky is Vicky, whatever pain she going through she will not show it,” she said. She said she learned about Boodram’s escape through a news report.

“What I see on the the news yesterday, it throw me back against the wall. It was terrible,” Lall said, adding she was concerned about her daughter’s safety, especially with the police searching for her.

“I am concerned but what can I say. It is left in God’s hands, whatever happen so be it. There is nothing I can do. I cannot hold anybody hand. I don’t know whose hands to hold,” said Lall.

Saying the situation with her daughter had taken a toll on her health, she said just three months ago her husband Ramdass Boodram died after suffering a stroke.

However, Lall said the police had not yet contacted her up to the time she was speaking to the T&T Guardian.

In what has been hailed as the greatest escape in the country’s history, Boodram, who is facing over 170 fraud and money laundering charges, walked out of the Women’s Prison at Golden Grove, Arouca, with two police officers on Monday evening and never returned.

The T&T Prison Service has since stated that around 5.15 pm, Boodram was “legitimately handed” over to WPC Navarro and PC Sylvester after they presented a court note from the Tunapuna Magistrates’ Court ordering her appearance. After all protocols and procedures were followed, the release stated, Boodram was released into the officers’ care.

Former senator Allyson Baksh says she resigned from the Senate because of “family commitments,” but declined to answer any more questions on the issue.

“That is all I am prepared to say,” Baksh told the T&T Guardian yesterday.

Baksh tendered her resignation to Prime Minister Dr Keith Rowley on Monday. Rowley accepted it and thanked her for her service and contribution to the Senate.

Baksh was appointed shortly after the September 2015 general election and was a member of the Joint Select Committee on State Enterprises.

Her replacement in the Senate, Ronald Huggins, is also her replacement on the JSC. Among the state enterprises which fall under the ambit of the committee is Petrotrin.

Baksh sat in at a meeting of the committee in 2016, when Petrotrin officials appeared to answer questions.

Baksh is the daughter of Haniff Nazim Baksh, the owner A and V Oil and Gas Drilling, which has the contract to supply oil to Petrotrin from the Catshill Field.

An internal audit report at the state oil company showed that for the period January to June this year Petrotrin overpaid the company to the tune of $80 million for oil which it did not receive.

The findings of the internal audit have since been confirmed by Canadian Forensic Audit Consultant Kroll.

International oil and gas Consultant Gaffney Cline also confirmed that the field in question did not have the capacity to supply the amount of oil which it was alleged had been supplied and which Petrotrin paid for.

Opposition leader Kamla Persad-Bissessar, who had made the Petrotrin internal audit report into the sale of oil by A&V to Petrotrin public in August, had called on Prime Minister Dr Keith Rowley to remove Baksh from the Senate. Last weekend, Persad-Bissessar renewed her call for Baksh to go.

But during the third ‘Conversations with the Prime Minister’ in September, Rowley had defended Baksh in the wake of calls for her to go at the height of the fake oil scandal.

But well-placed sources told the T&T Guardian yesterday that shortly after both Nazim Baksh and his son in law, Corporal Billy Ramsundar, appeared in court on November 10, charged with an incident involving T&T Guardian photographer Kristian de Silva, Rowley, who had previously admitted to being a close friend of Baksh, decided that there was need to act.

The T&T Guardian was told a member of Cabinet with close ties to the Baksh family was directed to have a discussion with her to get her to tender her resignation. She initially refused. But the resignation letter was subsequently sent to Rowley on November 27.

Government officials yesterday told the T&T Guardian they had “no comment” on the resignation, saying “that was a call for the leader, he appoints and none of us know when it will be taken away.”

Opposition Senator Gerald Ramdeen on Tuesday expressed concern that Petrotrin also appeared to be taking “too long” to deal with the matter.

Yesterday, however, Petrotrin chairman Wilson Espinet told the Guardian the board was not going to sweep anything under the carpet.

He said: “We are mindful of the fact that process is more important in this case than being right or wrong. You will appreciate while this may have public interest. My bigger interest in Petrotrin is to ensure that we don’t lose money.”

A police sergeant, who claimed that he was not required to sit promotional examinations because he had a law degree, has lost his lawsuit against the T&T Police Service .

Delivering a written judgment in the Port-of-Spain High Court yesterday morning, High Court judge Frank Seepersad dismissed a judicial review claim brought by Sgt Francis Chattie.

Seepersad ruled that Chattie had a legitimate expectation that he would have benefited from the exemption as it was contained in a departmental order issued in 2007 and because he was informed by the Police Service in 2009, that he would benefit from it.

However, Seepersad ruled that the policy of the Police Service was subject to change as done in a subsequent departmental order issued in 2010.

“The policy that governs promotion within the Second Division of the Police Service cannot be static and all policies must always be dynamic, flexible, relevant and fair and same should be subject to continuous review so as to meet and address, current and prevailing circumstances,” Seepersad said.

While he ruled that Chattie would have been entitled to the exemption before the second departmental order was published, Seepersad said the change was not detrimental to him.

“No demonstrable prejudice was occasioned to Chattie and it cannot be said that he read for an LLB so as to avoid having to sit any promotional exam,” Seepersad said.

Seepersad also referred to the evidence of acting Police Commissioner Stephen Williams in the case, as he said that the court should be cautious in usurping the functions of decisions makers such as him.

“Police officers are not lawyers and effective policing requires the cultivation of specific skills sets which should include, inter alia, the ability to use science and technology in crime fighting, critical thinking, solution oriented approaches, good interpersonal people skills, an acute sense of customer relations, effective communication skills, proper time management ability and an appreciation of prevailing socio economic factors,” Seepersad said.

Chattie was represented by Anand Ramlogan, SC, Douglas Bailey and Jiyanti Lutchmedial.

Two men were murdered about an hour apart on Wednesday evening and police say one of the murders is linked to another killing which took place earlier that day.

In the linked killings, police said Jackie “Bucky” Peruza, 36, was shot at while driving his white Nissan Tiida along John John Road, Laventille around 6 pm on Wednesday. Police said Peruza jumped out his vehicle and ran a short distance before collapsing after his pants fell to his ankle.

Police said Peruza, who was friends with Matthew “Bone Face” Luke, was murdered for failing to pick Luke up at a requested time.

Luke was gunned down at Caura Hospital Wednesday morning. Peruza was supposed to have picked up Luke but was late resulting in Luke’s death. Both men were from Plaisance Terrace Block 8, Laventille.

In the second killing that took place on Wednesday evening, 32-year-old Terrence Bailey was killed near his Paria Walk, Brasso Seco home.

Police said around 7 pm Bailey was walkibg with his wife when a gunman opened fire on him. He ran a ran a short distance and collapsed.

Caribbean Airlines (CAL) chairman Shameer Ronnie Mohammed says there will be no change to the recently introduced $50 change fee unless the airline is provided with meaningful alternatives to deal with the high level of no shows on the air bridge by passengers with confirmed bookings.

Mohammed told the T&T Guardian CAL officials had discussions with stakeholders before deciding on the change fee. He said airline officials also regularly meet with the THA and “will continue to do so.”

There have been criticisms of the $50 change fee, which many describe as unfair citing inefficiencies on the air bridge. Mohammed said CAL is consistently looking at ways to improve the service. He said a critical part of improving efficiency hinges on traveller patterns as it relates to no shows on the air bridge.

“Also bear in mind that the airfare on the air bridge remains one of the lowest in the industry,” he said.

The route is subsidized by the government and the cost of a ticket is $300.

The recommendation for the change fee had been made by the previous CAL board to the Ministry of Finance, Mohammed said. When the board changed in November 2016, additional recommendations were made to Cabinet.

The airline was advised on September 4 that Cabinet had approved the implementation of the change fee, which Mohammed said was also a recommendation from the Joint Select Committee on state enterprises.

The CAL chairman said the board hopes the change fee “will change the way travellers approach travel on the air bridge.” He said the fee is not a revenue generator for the airline. However, when customers do not show up for flights there are still costs to CAL for positioning aircraft, assigning crews and operating a service.

Mohammed said the fee will be “helpful in getting passengers to understand this reality.”

More on change fees

° CAL’s TT$50 change fee is one of the lowest in the Caribbean.

° The changes fee on WINAR for travel between Antigua, Dominica and St Kitts are a minimum of US$25.

° LIAT’s change fee starts at US$40.

° On Bahamas Air change fees start at US$100.

° The change fee on St Vincent Air is US$25 and in some instances during peak periods changes are not permitted.

Co-founder of Powerful Ladies of T&T (PLOTT) Gillian Wall said yesterday she is deeply disappointed that the female executive at Angostura Holdings Ltd who made allegations of sexual harassment against company chairman Dr Rolph Balgobin had been fired.

Meanwhile, in a brief statement late yesterday Senior Council Ramesh lawrence Maharah and attorney Ronnie Bissessar, acting on behalf of the dismissed executive said they intend to take appropriate legal action against Angostura and a top official of the company in due course

The release did not named Balgobin as the top official.

And head of watch dog group Fixin’ T&T Kirk Waithe has called for the victim who was dismissed on the grounds of poor performance on Wednesday to be immediately reinstated at the Laventille-based spirits producer.

Wall said T&T’s network of women will air their views on the issue in the coming days.

Yesterday, the firing was discussed at PLOTT’s executive meeting.

“As a woman and business leader who has been looking on at this matter I am deeply, deeply disappointed in the organisation’s handling of this matter especially as it is headed by a female. I have been very mindful of the untenable situation of the victim within this environment. The irony of this, is that, Angostura is an organisation with the most progressive whistleblower legislation which should have been properly handled,” Wall said.

When instances like these takes place, Walls said it continues to put our women at risk and silence victims which should never happen.

The dismissal, Wall said reflects on society’s continued ignorance and regards to the rights of women in T&T.

Next week, PLOTT will hold a public forum about the rights of women.

Wall, who has been in contact with the victim, who she refused to speak about, insisted that due process was not followed by Angostura and corporations must be held accountable for the policies they put in place to protect its workers.

When the allegations surfaced against Balgobin, Wall recalled Angostura appointed the Diana Mahabir-Wyatt Investigating Committee to probe the matter.

However, last September at the height of investigations Angostura brought in retired Judge Rolston Nelson, who later terminated the committee and submitted a report which led to the dismissal of allegations in October.

“The dismissal of Mahabir-Wyatt as chair of the committee was not properly explained,” Wall said, as she called for answers.

While Balgobin was a political appointee, Wall insisted that the matter was not political.

What needs to be addressed, Wall said was Angostura’s continued stance that Balgobin remains as chairman.

Corporations that wield power, she said do reputational damage, engage in bullying against victims and make their victims hesitant to speak out against sexual harassment in the workplace.

“We continue to engage in victim blaming and shaming and we do not address the inappropriate behaviours at all levels. This has got to stop.”

Waithe cautioned Angostura about maligning the character of the victim who he described as a hero in coming forward.

“Angostura has crossed the line by dismissing the executive. We are not going to take this lightly. We urge the country to say no to sexual harassment and Angostura’s products this season. This is more reason to boycott their brand.”

Making a renewed called for Balgobin to be removed while an independent and thorough investigation is undertaken, Waithe said Fixin’ T&T’s will send a file to every international distributor of the Angostura outlining what has been taking place at the company in the last few months.

CEO of the Employers’ Consultative Association Joycelyn Francois-Opadeyi said the ECA will continue to maintain that the right to terminate an employee for various reasons, including non-performance is a legitimate right of employers.

“Certainly, the ECA will continue to encourage employers to ensure that such dismissals are done within the remit of the principles of progressive discipline and natural justice to ensure fairness in the process and that an opportunity to be heard, and represented, is granted to the employee.”

Mahabir-Wyatt refused to comment on the firing.

As this country joins the rest of the world in celebrating World Aids today Health Minister Terrence Deyalsingh said T&T is well on its way to meeting the target by 2020.

According to UNAIDS stipulations within the next two years 90 per cent of all people living with HIV will know their HIV status, 90 per cent of all people with diagnosed HIV infection will receive sustained antiretroviral therapy and 90 per cent of all people receiving antiretroviral therapy will have viral suppression.

The theme for World Aids Day is Increasing Impact through Transparency, Accountability, and Partnerships.

Some 11,000 people are known to be living with HIV in T&T.

Deyalsingh, speaking at the launch of the Treat All programme held in collaboration with the US Embassy and Ministry of Health held at the Medical Research Centre, Queen’s Park East, Port- of- Spain yesterday, said the centre was able to reconnect with some 600 people within the last months to conduct follow-up treatment and analysis.

He said this was only possible through accessing the US’s President’s Emergency Plan For AidsRelief (PEPFAR) which was not utilised by the previous administration.

The fund, which amounted to TT$1.5 million, was channelled through the centre for a host of initiatives including extending the clinic hours and having antiretroviral drugs available.

Chargé d’Affaires of the United States Embassy John McIntyre, who also spoke, applauded the centre for its work which would be used as a catalyst for improving other treatment facilities throughout the country.

“The fight against HIV and Aids is an integral part of our mission here and in our work with governments around the world,” McIntyre said.

Saying that the centre has also been working in collaboration with the US Centers for Disease Control to expand the provision of life-saving medication to all McIntyre said the “Treat All” programme was a significant step in stemming the HIV epidemic in this country.

“Recent clinical trials confirm the ‘Treat All’ approach keeps patients alive, healthier, and reduces the risk of transmitting the HIV virus to partners.

Investigators of the Vicky Boodram case are pursuing whether the "court documents" used in her escape originated within the judicial system - or where - and who authorised it, acting National Security Minister Stuart Young says.

At yesterday's weekly post-Cabinet media briefing, Young said the documents were not real.

Boodram, 35, staged a daring escape on Monday evening after she was removed from the Women's Prison at Golden Grove, Arouca, to attend an alleged "night court" session. She was accompanied by two police officers attached to the Court and Process Branch of the Northern Division.

The two officers allegedly had stamped and signed documents which they used to facilitate her removal from prison. Boodram is still at large.

Young yesterday queried how someone could get hold of the stamp used in court documents. He said it may not be difficult to do so, "but we hope procedures will be changed now following this situation."

He said he was a in a state of "shock and disbelief" when he heard of the escape, adding he'd spoken to the Commissioners of Police and Prisons immediately on learning of it via an Immigration memo alerting people to be on the lookout for Boodram.

He said he expected to get another update yesterday.

"As I've made enquiries, I believe there's no doubt people must be held accountable for what happened. There's been a breakdown and we await anxiously to see where it occurred," he said, adding the CoP is intent on pursuing to see who's accountable and to use the police service's powers of discipline.

Attorney General Faris Al-Rawi said the overall situation shouldn't take too long since the "pot" of people involved in the matter isn't too large.

On anti-gang proposals being laid in Parliament today, Al-Rawi said these would facilitate prosecution of gang members via use of evidence such as recent videos of youths posing with guns and gold. Such people will be in trouble, he added.

Urging the Opposition to support the proposals, Al-Rawi added that if they didn't "...then the population will see who wants law and order and security for T&T or not. "

"We're using the same law they had. They must decide if they'll support their own law or explain to T&T why they won't and why they don't want to assist in enacting such law to protect citizens."

A Point Fortin man who posed as a PH driver to prey on women yesterday pleaded guilty to six charges, including robbery, kidnapping, rape and manslaughter. One of his victims suffered fatal head injuries when she jumped out of his car.

Jude John Arjoon, 35, admitted to picking up his three victims—two on the same day—on April 28 and May 24, 2005. He has been in prison awaiting trial since his arrest in July 2005.

State attorney Sabrina Dougdeen-Jaglal, who read the facts of the case in the San Fernando Second Assizes, said at around 5 pm on April 28, 2005, one of the victims, who was heading to her Penal home, boarded Arjoon’s cream/off white car at Harris Promenade, San Fernando. Arjoon instead took her to a gravel track off Hermitage Road, Debe, where he robbed her of a cell phone and wallet and asked for the PIN number for her bank account.

He allegedly told her: “Make sure yuh give me the correct number or else I will blow off your f..... brains.”

The woman gave him the number. He then showed her another woman’s driver’s permit and three passport size photos of young children and told her he had to “buss she throat” because she did not give him her PIN number.

Arjoon could not tie the women’s hands because her left arm stopped just under her elbow. Instead he put her in the trunk of his vehicle and drove off. Sometime later he stopped the car and again asked her for the PIN number.

He later picked up another passenger, Mary Baldeo-Waheed, in San Fernando.

Dougdeen-Jaglal told the court that around 5.40 pm, a motorist was driving along the M2 Ring Road when he saw the back door of a car open and someone jump out. The motorist found Baldeo-Waheed lying face down in the grass groaning. She died at the San Fernando General Hospital the following day from a blunt force head injury. When he was arrested, Arjoon told the police he picked up Baldeo-Waheed at Broadway and told her he was going to pick up his child in Bel Air so she would not panic.

The court heard that after Baldeo-Waheed jumped out off the car, Arjoon went to Hermitage Village where he stopped, took his other victim out of the trunk and raped her twice in the back seat. He then left her there.

In May 2005 at around 12.20 pm, Arjoon picked up the third woman in Marabella. She asked to be taken to Vistabella but he took her to Cipero Road, again claiming he had to pick up his daughter. She asked him to let her out of the car and tried to open the door but it was locked.

He took the woman to the M2 Ring Road where he robbed her of a $1,000 cell phone and her wallet and asked her for the PIN numbers for her bank cards. The woman managed to open the car door but Arjoon grabbed her and ordered her into the trunk. She kicked Arjoon, who had a knife, and his lip began to bleed. He took out a gun and cut off her clothes.

The woman opened the trunk from the inside while the car was in motion and at the first sign of houses jumped out. She hit her head on a stone and only remembered being naked on the road. She was assisted by a passer-by.

When Arjoon was arrested at a house at Rancho Quemado, Erin, on July 5, 2005, he told the police: “Boss I had a bad childhood and ah sorry. Ah need help. Better allyuh kill meh and done.”

Arjoon’s attorney Ramesh Deena asked for a bio-social report from the prison before he did his mitigation plea. Justice Hayden St Clair-Douglas granted his request and adjourned the matter to January 12.

Dougdeen Jaglal is being assisted by state attorney Anselm Leander in the matter.

The largest manpower deficits in the Police Service are in the E999 Rapid Response Unit, Court and Process Branch and Anti-Corruption investigations, according to the Deosaran Manpower Audit of the Police Service.

The Court and Process Branch shot into the spotlight on Monday when alleged fraudster Vicky Boodram escaped while allegedly being escorted from prison by two officers to “night court.”

The audit report by criminologist Dr Ramesh Deosaran was received by Government in October. The report, themed “Now is the Time - No Sacred Cows,” was laid in Parliament on Tuesday. It noted a 68 per cent deficit in the E999 unit, as its sanctioned manpower strength was 177 officers but its actual complement was 57 —a deficit of 120.

The Court and Process Branch had a 60 per cent manpower deficit. Sanctioned strength was 274 officers and actual complement was 109—a deficit of 165.

Anti-Corruption investigations had a 40 per cent deficit. Sanctioned strength was 45, actual was 27 for a deficit of 18.

The report recommended steps to ensure officers attend to all court matters as required.

“There are many instances where officers fail to attend for several reasons. There’s the need for a computerised real time system to track and ensure officers are always available to attend court duties,” the report said.

Also recommended was more joint operations between police, prisons, army, customs and other security agencies. But it called for “adequate, appropriate team-building rather than just arbitrarily putting various officers from various agencies to work together.”

The report also said the police service’s disciplinary system is very inefficient and “is being abused by many officers. Number of allegations against officers has been increasing annually.”

Up to December 2016 there were 3,211 complaints against officers, mainly in Northern and Southern divisions. Up to February, the largest number of officers suspended on complaints were constables (272) out of 307. These included against an assistant commissioner and senior superintendent.

The highest complaints concerned misbehaviour in public office, perverting the course of justice and corruptly obtaining money. The biggest disciplinary offences over 2014-15 included unlawful/unnecessary use of authority, discreditable conduct and neglect of duty.

The report urged improvements in vetting/background checks of all recruits. 

The hunt’s back on for a passenger ferry.

The recent tender exercise for a new Tobago ferry has failed to produce one and a ministerial team mandated by Prime Minister Dr Keith Rowley to find a vessel immediately is now hunting overseas.

Minister in the Prime Minister’s office Stuart Young, confirming this at yesterday’s post-Cabinet media briefing, said an announcement on the matter is expected in a few weeks.

Seeking to calm fears of a crisis following the tender’s recent failure, he added,”We’re disappointed. But there’s no crisis. The T&T Express is operating, we’re working on contingencies. Other vessels can make the trip also. We’re supplementing sailings with the water taxi and will do all necessary to ensure minimum disruption.”

Young’s revelation of the latest—and sixth- failure of a tender for a ferry comes three weeks after Rowley, at the People’s National Movement’s convention, promised an additional passenger ferry would soon be available.

Need for a ferry arose after Government cut the contract for Bridgemans’ Services LP’s Ocean Flower 2 at mid year. Bridgemans’ again participated in a subsequent new open competitive tender which was issued, in which a total five companies offered 12 vessels.

But after the evaluation, Young said, “Unfortunately, once again the tenders procedure failed to provide a ferry—the sixth time the process managed by the Port Authority with the Works Ministry has failed to do so.” (See Tobago Today inside)

Previous tenders by the past People’s Partnership and current Government also failed.

Why did the tender fail? Young said there may have been people seeking to influence the outcome.

“It’s no coincidence six tenders failed. The Christian Mouttet report on the PATT found untoward situations - I dare say corruption. The PATT is unfortunately hamstrung by those who may want to influence systems,” he said.

Young said when the failure became known Rowley took charge in the last week, mandating a Cabinet sub-committee to take over from the port and get a ferry in the shortest possible time to guarantee service over the Christmas-Carnival season. Rowley gave a date by which to get the ferry.

The team comprises Young and Ministers Colm Imbert (Finance), Robert le Hunte (Public Utilities) and Shamfa Cudjoe (Tourism).

The team is working with 13 international shipping brokers. They’ve contacted 10 international shippers and written consuls of Canada, Australia, Japan and Italy to assist.

“Some brokers have responded. We’re having discussions which are expected to bear fruit. We expect to return in the next couple weeks with an announcement—we may get better news than a leasing arrangement,” he added.

On whether PATT heads will “roll” following the tender failure, Young said, “This Government always ensures people are held accountable,”

He said the T&T Spirit, recently dry-docked, returns in the first quarter of 2018. Perceived problems on the cargo ferry will be sorted out, he also assured.