Social media users are being advised to exercise extreme caution when making posts, as citizens who fall victim to reckless and malicious statements now have an avenue of recourse.

Delivering a 18-page judgment in a landmark case, brought by a couple whose neighbour falsely accused them of sexually abusing their children in a series of Facebook posts, High Court Judge Frank Seepersad considered social media cases in Commonwealth jurisdictions to develop a local position on the issue as there are currently no laws which directly address it.

“Far too often, social media is used as a forum to engage in this type of irresponsible and cruel discourse. This state of affairs cannot continue unabated and the court therefore has elected to mould and apply the common law in a manner which gives some degree of protection to citizens,” Seepersad said.

While Seepersad noted that local laws only contemplate libel as printed or written words on traditional formats, he said it should be interpreted to include statements on social media platforms.

“Without reservation this court concludes that postings and information placed on social media sites such as Facebook, Twitter, Viber and Whatsapp has to be viewed as publications and the common law test in relation to libel will apply to same. Such post are in a comprehensible form and they can be accessed and read by a potentially worldwide audience,” Seepersad said.

Stating that many users had the “misguided perception” that posts of the their accounts were private, Seepersad said that they do not have privacy protection once posts are uploaded.

“One must be mindful that although the account is private, the posts emanating from the account occupy a public space and the content of these posts will be subject to public opinion and scrutiny as will persons to whom the posts refer,” Seepersad said.

He also noted that social media users would be held to the same standards as traditional media practitioners.

“Social media ought not to be viewed as an unregulated media forum and anyone who elects to express views or opinions on such a forum stands in the shoes of a journalist and must be subjected to the standards of responsible journalism which govern traditional media,” he said.

Seepersad said users would be held accountable if they make defamatory posts on their accounts themselves, if they give third parties permission to make the posts and in circumstances where defamatory posts are uploaded by unknown parties and are not removed within a reasonable time.

He also called on Government to introduce legislation to address the issue as he admitted that it would help the court obtain information from service providers in instances where there are security breaches and the unauthorised use of social media accounts.

“The required legislative intervention is not optional but is mandatory!” he said.

ABOUT THE CASE

In the lawsuit, the family were claiming they were defamed by Janelle Burke in a series of posts on her Facebook account in January 2016.

The family’s names have been withheld by the T&T Guardian to protect the identities of the woman’s teenage son and the couple’s seven-year-old daughter, who were the subject of the posts.

Testifying at the trial last week, both parents claimed that they were close friends with Burke up until they began doing construction work on their home in 2014.

They claimed that after several months of verbal abuse, the teenager showed his mother a series of screenshots of the posts on Burke’s Facebook page, which he received from a friend.

The screen-shots were tendered as evidence in the case as the posts were removed before the lawsuit came to trial.

The posts alleged that his stepfather was guilty of sexually abusing him and his sister and that his sister and mother were prostitutes.

Attached to the posts were individual photographs of the family members and their telephone numbers.

The couple claimed that three days after being informed of the posts, they were visited by police officers from the Child Protection Unit, who interrogated them over the allegations of sexual abuse.

They were called for a subsequent interview, before being cleared of any wrongdoing.

While Burke admitted that the posts appeared on her page, she claimed that they could have been posted by a number of people who had access to her account including her sons and another relative. Burke was given an opportunity to testify in her defence but she refused.

Seepersad rejected this as he pointed out that the posts mirrored the insults which she had directed towards the family in the past.

“It is difficult to fathom how any right thinking member of society would contemplate to publish words such as those posted on Burke’s Facebook account,” Seepersad said.

While Seepersad ruled in the family’s favour, he did not assess the compensation to be paid to them as he referred the issue to High Court Master.

The family was represented by Glen Bhagwansingh, while Adrian Thompson represented Burke.

The Jagroop family has lost its best friends. Their two dogs, Bella and Princess, were poisoned and the family believes the primary school next door killed them.

When Guardian Media visited them at their home along Raghunanan Road in Cunupia yesterday, family members had tears in their eyes. To them the dogs were more than pets, they were members of their family who were taken from them.

While speaking to Guardian Media, several pups were heard whimpering in their backyard, all that remains of their precious Bella and Princess.

Andel Jagroop was the only family member in a state to speak about the issue. Sitting near to where the dogs were buried Andel said that some members of the school apologetically owned up to the act. He said other strays also died on the school’s compound.

Jagroop said two months ago a senior school official warned them to keep their dogs away from the school, citing health and safety issues. Another warning came last Friday but he said they weren’t given enough time.

“Both dogs, they have puppies and we have kennels and we lock them up but they always find a way out to get away from their pups, the school told us they saw dogs on the compound, so we said OK, give us a day to fix it, but they didn’t even give us a day,” Jagroop said with his eyes welling up with tears.

He added that one school official said if they didn’t do anything about it, the school would take matters into its own hands.

But Jagroop’s bigger issue is how the dogs were poisoned.

“The poison was found in cookies, corn curls and snacks, why would you use something in a school environment with poisonous substances, what if a child sees something and eats it, how do you explain that,” Jagroop said mumbling afterwards that the school which he attended as a child, took a part of him away.

Jagroop admitted that his family was somewhat negligent but said his dogs were ‘common dogs’ who never attacked or barked at the children. He said two months ago they were warned but they were able to keep the dogs in check because at that time they didn’t have puppies. The family believes if the school had such a problem then it could have alerted the Couva/Tabaquite/Talparo Regional Corporation.

Guardian Media contacted the Education Ministry and one official said that an investigation was conducted at the Cunupia based institution and staff members denied any involvement. The ministry said the dogs may have wandered elsewhere and were poisoned. However, Guardian Media was told that there were other animals found dead at the school.

The Jagroop family will now try to move on, they have bought chains for their other dogs, their freedom compromised but this family is not taking any more chances.

AKASH SAMAROO

If everything else is “going up,” PTSC bus commuters are still safe from fare hikes—so far.

Although the Public Transport Service Corporation (PTSC) hasn’t had a fare increase in 26 years and depends on an 80 per cent subsidy from the Government, there’s no intention to consider raising fares, PTSC chairman Edwin Gooding has assured.

Gooding did so yesterday when PTSC managers were interviewed by Parliament’s Joint Select Committee (JSC) on Land and Physical Infrastructure. This examined the bus transport system’s efficiency.

Gooding said fare hikes were mentioned in PTSC’s strategic plan—yet to be approved by the Works Ministry—but justifying fare hikes isn’t a topic before PTSC now.

He said the fact that PTSC hasn’t had a fare hike in 26 years must be faced “head on.” He felt commuters were willing to pay an extra dollar or two, provided PTSC was on time. But he also noted PTSC had lost passengers to maxi taxis. Gooding acknowledged service must be improved. He said main routes were being reinstated and shuttles added along Priority Bus Route areas.

JSC member Nigel de Freitas said increasing fares didn’t make sense if PTSC didn’t give the data it needs to make the company efficient. “It’s no reason to increase fares by saying PTSC hasn’t had a fare hike in 26 years,” he said.

PTSC officials said the company has been operating on an 80 per cent subsidy from the Government.

Garth Alexander (Engineering) said PTSC’s current operational bus total is 360. The total in January was 215 due to challenges with parts and foreign exchange. The number will be increased by 35 new buses next month and a further 30 in September.

Gooding said, “We’re seeing some light at the end of the tunnel with the new buses. There are far flung areas we’re not providing service for. We’ll be reinstating those services.”

PTSC has a 60 per cent level concerning “Missed Trips” due to low availability of buses, said Lalitha Bala Cetty (Operations). This will be improved with the new buses.

Gooding said PTSC pays maxi taxis $57million to transport students annually. Regular meetings are being held with the Education Ministry for needs— reviews of the system.

Acting general manager Brian Juanette said there had been instances of student buses not being filled to capacity, but there had been a “misunderstanding” on the matter and 71 per cent of capacity was average.

In the space of three years, Monica “Cris” Gumbs suffered through the murder of her nephew, husband, son-in-law and the shooting of one of her daughters.

But when death came knocking once more on Monday night, it was her turn as she was gunned down outside their Fazal Avenue, Penal home yesterday. Her other daughter Dana, 35, survived with a gunshot wound on her right leg.

Police reports stated that around 10.30 am, Gumbs’ sister, Gail Emmanuel, was at home when she heard several explosions outside. As she walked downstairs to check, she found Dana bleeding in her living room. She then walked to the front house where Gumbs lived and found her sister lying motionless with wounds to the head and upper body.

Penal Police responded along with an ambulance and took Dana to the San Fernando General Hospital. Gumbs, 55, a seamstress, had already died.

Officers from the Homicide Bureau of Investigation, Region Three, including Insp Daryl Corrie and Sgt Randy Ramjag, visited the home and interviewed witnesses and family members.

The T&T Guardian was told that Gumbs and Dana had just arrived at their home when two gunmen ran up to them and began firing. Gumbs tried to get away but was shot, while Dana ran to the house behind. It was alleged that the men were transported by a man from the area in a Nissan March. However, investigators said they could not confirm this information.

A relative said the family was too distraught to speak to reporters. But even as this was being said screams rang out as family members caught sight of undertakers removing Gumbs’ body.

“Why they kill my sister? She did not do anything, she did not kill anybody,” a relative cried out.

Investigators were still working to determine the circumstances of the murder and the motive behind it up to last evening.

In May 2015, Gumbs’ nephew, Roger Romain, 36, a linesman at T&TEC, was gunned down outside the house as he parked his car in the yard. In December 2015, Gumbs’ common-law husband Michael Matthews, 57, was shot to death near their home as he was returning from a parang lime. Back then, Gumbs told the T&T Guardian that Matthews was accused of killing Romain. In July 2016, Gumbs’ daughter, Stacy, 30, survived being shot in the chest and shoulder while driving her beige Mazda 323 along Fazal Avenue. In March 2017, Stacy’s boyfriend, Kevin Fuller, 31, of Palmyra Village, Princes Town, was shot dead along with Terry Edwards, 34, a construction labourer of Wellington Gardens, Debe and Sanjay Mahabir, 42, an offshore worker of Rose Gardens, Debe, at the Runway 69 ‘Shorts’ Bar along Wellington Road, Debe. Fuller, who had previous convictions for firearm and drug-related charges, was said to be the target in a reprisal for Romain’s death. Fuller’s friend, Edwards and Mahabir, were believed to be in the wrong place at the wrong time. Romain had no criminal record and was not known to be involved in criminal activities, but relatives had suggested that he was murdered by other relatives. No one was held for any of the murders or shootings.

Investigations are continuing into the murder of a 25-year-old man of Pinto Road, Arima.

The incident occurred at about 11 pm on Monday night.

According to a police report, Sean “Muffy” Bowen was standing near Punette Avenue when he was approached by a lone gunman who shot him. Bowen died on the scene. Police yesterday said he was well-known to them.

Bowen’s murder was recorded as the 69th for the year so far.

As the case of missing woman Coreen Singh deepens, police believe a 27-year-old Cunupia man may hold critical information that can assist in their investigations.

However, a contact number given to them, which was used to communicate with him just mere hours after Singh’s burnt out vehicle was found in St Augustine on Monday morning, is now said to be going straight to a recording. The man is also said to be no longer at his last known address.

Meanwhile, at about 3 pm yesterday, relatives continuing their own search for her in the Trantrail Road, St Augustine area, stumbled upon a bubble wrapped box in the bushes just a few metres off the road. Frantic relatives initially believed it was her body and called the police to the scene. However, when officer carried out checks they confirmed it was not a body but “just an old box.” Singh, 25, who worked as a supervisor at Xtra Foods in Arima, went missing on Saturday. She was last seen at her Peytonville, Carapo home shortly after 4 pm.

Somewhat relieved that their discovery was not Singh’s body, relatives carried on with their search up to late yesterday.

Police officers, however, came under heavy fire from some family members who claimed they were not getting the support they thought they would from the officers.

“Some are willing to help us search, but others seem not to care…the police should be out here in their numbers with dogs and whatever else technology that they have…one day (referring to Monday) is not enough. The police claim to be searching other areas but we are not being told where and if they really are,” one relative said.

Speaking with the T&T Guardian yesterday, Singh’s eldest sister, Sharon Reyes, said when she last made contact with one of Singh’s close relatives, he told her he was having car problems and that once he got it sorted out he would go to the police station. However, Reyes confirmed that officers are yet to see the man.

Reyes made a desperate call for help from members of the public.

“I would like anyone who may know anything at all to please help us…tell us something…tell us what happened to my sister and where we can find her, please. Her mother had three strokes and she needs her daughter…we need our sister,” she said.

Yesterday, the T&T Police Service sent out a media release asking members of the public to assist in their investigations.

Singh is of mixed descent, five-feet tall, medium built with a brown complexion and has long black hair. She was last seen wearing a white top with a pair of blue jeans and white sneakers. Anyone with information on the whereabouts of Singh is asked to call 800-TIPS or contact the police at 999, 911,555 or any police station.

The pornographic video showing a little girl being sexually assaulted by an adult male did not originate in Trinidad and Tobago.

A 44-year-old man yesterday surrendered at the Millbrook Police Department in Alabama for his part in the video, the Trinidad and Tobago Police Service (TTPS) confirmed.

Last week, the graphic video was shared on social media sites, prompting the TTPS to warn citizens that sharing it was against the law. It was originally thought to have been filmed in Jamaica, but that change to Trinidad after a Diego Martin grandmother saw the video and made a report to the Four Roads Police Station, fearing it was her six-year-old grandchild was the one being assaulted. However, the child was interviewed by members of the Child Protection Unit (CPU) and the Children’s Authority but she did not have a scar or burns on her left forearm, as the child in the video did.

A release from the TTPS yesterday stated that a man identified as Germain Moore, 44, Germaine Moore turned himself in to the Alabama police at 2.30 am yesterday in connection with the pornographic video. Moore was charged with sexual assault of a child, distribution of video depicting the assault and first-degree criminal sexual conduct.

Another man named Jerrell Washington, 42, was also charged with distributing the video.

It’s official: property used by churches, educational and charitable institutions will continue to be exempt from the Property Tax Government intends to implement this year.

Finance Minister Colm Imbert confirmed this yesterday following queries about a clause in new proposed Property Tax legislation which was laid in Parliament last Friday. Also presented was new Valuation of Land proposals to effect the VOL act. Both pieces will be debated later on.

In the Property tax proposals, Clause Six had alluded to land used for religious, education and charitable purposes. But following emailed queries, Imbert said the lengthy clause didn’t mean those locations would have to pay Property Tax. He said the clause was meant to “tidy up some typos in the original 2009/2010 act.”

Another main new aspect among the two proposed pieces of legislation involves a revamped format for the Valuation Return form on which property owners can list details about their property.

Asked what would happen to information submitted by owners in return forms last year—and if this information would be dumped and news forms would have to be submitted by home owners— Imbert said: “All information already in the system will be used to assist the process of assessment and valuation.”

Imbert did not respond on whether the new form will be mandatory or voluntary. When the first return forms were issued last year, the Opposition United National Congress challenged them legally and the court ruled that the forms should be submitted voluntarily rather than be mandatory.

Two men are expected to appear before a Siparia magistrate after a sting operation by South Western Division police led to the seizure of $6.2 million in compressed high-grade marijuana yesterday.

Up to late last evening, investigators led by Sgt Ramsaran, Sgt Richardson, Cpl Harripersad were questioning the suspects. It is believed the drugs had just entered the country through one of the illegal ports and was to be put on the streets in time for the Carnival season.

Acting on intelligence they gathered overnight, Snr Supt Adams, Supt Phillip, ASP Seecharan, ASP Abbot, Insp Banwarie and Sgt Ablacksingh coordinated an operation with the South Western Division Task Force, Erin and Santa Flora police officers.

Around 7.30 am, the officers stopped a white Mazda panel van which was occupied by the two suspects. Constables Sookram, Durity, Ramkaran, O’Hamid and Ramsawack searched the van and allegedly found 26 crocus bags containing a total of 763 packets of kush weighing 461.04 kilos.

The suspects, a 36-year-old watchman of Partap Trace, South Oropouche, and a 36-year-old labourer of Reid Lane, Belmont, were taken back to the Santa Flora Police Station where they were questioned.

The men were expected to be charged last night.

The Ministry of Works and Transport has been given the green light to resume construction of the Churchill Roosevelt Highway extension to Manzanilla, after an environmental lawsuit challenging the project was struck out yesterday.

Delivering a written decision in the Port-of-Spain High Court, Justice Kevin Ramcharan refused activist group Fishermen and Friends of the Sea (FFOS) leave to pursue its judicial review claim against the Environmental Management Authority (EMA)’s decision to approve the project.

As a result of the decision, FFOS’ interim injunction stopping work on the project, which was granted by Ramcharan as he considered the grant of leave last month, was automatically dismissed.

However, FFOS’s legal team was prepared for the eventuality and had already drafted an appeal which they immediately filed after the hearing was adjourned. The appeal comes up for hearing today at 11 am.

In his decision, Ramcharan ruled the lawsuit was filed outside the three-month statutory limit. He said that while FFOS was required to file the lawsuit three months after the EMA granted the ministry a Certificate of Environmental Clearance (CEC) on June 22, it filed it almost exactly three months after it learned of the CEC on July 6.

In addition to rejecting the claim based on the unreasonable delay, Ramcharan ruled that all 14 grounds raised by FFOS in the lawsuit did not have a realistic prospect of success if taken to trial. He also said he felt the EMA had followed the required process before granting the CEC.

As he analysed each ground individually, Ramcharan noted that FFOS’s claim over insufficient public consultation before the grant of the CEC was misconceived, as the ministry had gone three days past the month-long minimum period for soliciting public opinion. He acknowledged that he would have considered two internal correspondence between the EMA’s technical team and its board although they were leaked to FFOS. The correspondence detailed the team’s reservations over the project and an alleged directive from the EMA managing director to fast track the CEC.

However, Ramcharan stated that the allegations would not be arguable as the EMA’s board only had to consider the technical team’s opinion before making the final decision.

“Once the proper procedure was followed the court would not interfere, even if it does not agree with the final decision,” Ramcharan said.

He also ordered that FFOS pay the contractor for the project, Kall Co, its legal costs for the leave application, as it was added as an interested party.

In a brief interview after the decision, FFOS secretary Gary Aboud said they expected the outcome and were prepared to take their legal battle to the appeal courts.

“We are still very confident that the matter is of tremendous public importance and we respectfully disagree with the ruling. We were prepared and as we speak we are preparing to file the appeal,” Aboud said.

FFOS was represented by Anand Ramlogan, SC, Jayanti Lutchmedial, Alvin Pariagsingh and Robert Abdool-Mitchell. Deborah Peake, SC and Ravi Heffes-Doon represented the EMA, while Ian Benjamin represented the ministry. Kall Co was represented by Douglas Mendes, SC and Devesh Maharaj.

ABOUT THE HIGHWAY

In the lawsuit, the group is challenging the process used by the EMA for granting a Certificate of Environmental Clearance (CEC) for first phase of the project between Cumuto and Guaico. The five km segment is estimated to cost $400 million.

The group claims the process was procedurally flawed and failed to consider alternative routes for the project which would have less impact on the environment and existing communities.

The group is contending the construction works, started on January 8, has already infringed on the Aripo Savannah’s forest reserve, which was declared an environmentally sensitive area by the EMA in 2007.

The EMA had set a buffer zone between the south border of the reserve and the project, which FFOS was claiming was breached during preliminary clearing work.

The reserve consists of 1,780 hectares of land which is home to over 500 species of plants, including seven rare species and two endemic grasses as well the endangered ocelot. According the EMA’s website, the area is internationally renowned for its unusual flora and striking vegetation communities and is one of the more intensively studied natural ecosystems in Trinidad.

Minister of Communications and Public Administration, Maxie Cufffie has hit back at the leader of the People's Empowerment Party (PEP) Phillip Alexander, who has made several disparaging remarks about his health.

Cuffie says he is well on the road to recovery and will return to T&T as soon as doctors clear him to travel.

He issued the following statement on Tuesday:

"I am totally disgusted by that failed UNC politician, Philip Alexander’s ongoing attempts to gasp political air by clinging unto my back for his moribund People’s Empowerment Party. 

I will like him to know that I am more alive, thank God, than the phantom membership of his political party and refuse to be used to bring PEP into a dying political career. 

Despite his attempts to traumatize my family, friends, constituents and supporters, I wish to assure them that their prayers continue to be answered as I am well on my way to recovery & I am getting stronger daily. 

The doctors are pleased with my continued progress since my arrival here &, by God’s grace, I shall be back home as soon as they clear me for travel to return home. 

I am bolstered by my faith in God and the unfailing love of my family and feel born again."

Carnival celebrations in Arima are in jeopardy as a result of inadequate funding from the National Carnival Commission (NCC).

In light of its slashed budget, Arima mayor Lisa Morris-Julian yesterday admitted that several competitions for Carnival, organised by the Arima Carnival Committee (ACC), had to be cancelled.

Last year, the corporation received $220,000 but spent $500,000 for Carnival events.

This year, the corporation collected $100,000 with pledges from a few businesses to the tune of $50,000 to offset costs.

“I am just depending on the kindness of strangers to keep it afloat. The thing is, people would come out and support Carnival. Right now I am getting a lot of licks as if I am responsible for the lack of funding. I am getting criticised for all the competitions that were cancelled.”

Morris-Julian said things are difficult for the country “but the fact remains there is nothing we can do with that money. The reality is $100,000 is not enough. We are not able to do anything,” Morris-Julian complained.

Every year, the ACC hosts a calypso monarch, junior calypso monarch, Panorama, Kings and Queens, kiddies Carnival, dirty mas, J’Ouvert and Parade of the Bands in the categories large and small.

Asked if their Carnival could face jeopardy due to lack of funding, Morris-Julian said she knows the country was in a financial bind and hoped spectators would come out and have a good time.

Last night, the committee held a meeting with several participants to lay the cards on the table.

“Hopefully the the participants would be a little more understanding than the people who are involved in watching from afar because they seem to think that we can wave a magic wand and fix it.”

Chairman of the ACC Michael Simpson said the prize money will have to be significantly slashed.

Asked if the cut in funding can throw the Arima Carnival into a tailspin, Simpson said, “I see fewer bands coming out.”

Simpson said 60 per cent of the money given by NCC must go towards prizes. While the Band of the Year champ received $15,000 last year, Simpson said he expected the figure to be less than $10,000 this year. “All the prizes will have to be adjusted appropriately.”

Simpson said they have approached NCC for an increase in its allocations but was awaiting feedback.

Several calls to NCC chairman Colin Lucas’ cellphone went unanswered yesterday.

A man from south Trinidad, who fell overboard during a boat cruise and had to be rescued by the T&T Coast Guard, is now threatening to sue the boat’s operator for negligence.

In pre-action protocol letter sent to Asha Francis of Top Cat Cruises yesterday, which was obtained by the T&T Guardian, lawyers representing Sona Bissoon are alleging the company breached its duty of care to him by failing to ensure his safety.

According to the letter, the incident occurred when Bissoon and his friends were attending “Waist’d 2017 Boat Cruise” on October 13, 2017.

Bissoon was leaning on a railing at the rear port side of the vessel as it was returning to the Blackjack Marina in Chaguaramas when railing gave way, causing him to plunge overboard.

Bissoon, of Hylife Trace, South Oropouche, attempted to scream for help but his appeals went unnoticed by party-goers and the boat’s crew, who were unable to hear him due to the loud music.

The incident occurred two miles away from the Carrera Island Prison, in a body of water in which several prisoners have drowned when trying to escape in the past.

“Our client was left behind to fend for himself while the vessel callously simply continued along its merry way without care or concern for our client’s life,” Bissoon’s lawyer Robert Abdool-Mitchell said in the letter.

He claimed Bissoon attempted to swim back to shore and was rescued by Coast Guard officers after spending a little over half an hour in the choppy water.

Staying the company was negligent in failing to ensure proper safety procedures and for its staff’s failure to render assistance to Bissoon, Abdool-Mitchell said: “It is in these circumstances that you breached your duty to our client to keep him reasonably safe during the cruise, as is your duty as a public service provider of pleasure cruises.”

Abdool-Mitchell also criticised the company for failing to apologise or enquire about Bissoon’s well being after he suffered through the traumatic experience.

“He has been forgotten. Our client remains fearful of boarding any sort of vessel and avoids open water at all costs,” Abdool-Mitchell said.

Bissoon is seeking compensation as well as the legal costs he has incurred thus far.

The company has been given 28 days decide whether it would accept liability for the incident or challenge Bissoon’s claim.

Bissoon is also being represented by Anand Ramlogan, SC.

The T&T Coast Guard (TTCG) has launched an investigation into a freak accident that claimed the life of a sailor at Staubles Bay, Chaguaramas, yesterday.

Initial reports claimed that Leading Seaman Deryck Nichols, a member of the Physical Training Instructor Department of the T&T Defence Force, was on board a vessel with another colleague around 9 am when it capsized and both went under. It is believed Nichols hit his head when the vessel overturned.

Nichols’ colleague, also a seaman, was pulled out of the water after five minutes, but it took other officers about 20 minutes before they could retrieve Nichols from the choppy waters. They said Nichols was not breathing when he was pulled out the water. However, another theory asserts Nichols fell from a vessel and hit his head. He was pronounced dead on arrival at the Port-of-Spain General Hospital.

In a release yesterday, TTCG public relations officer Lt Sherron Manswell confirmed Nichols fell overboard from a vessel.

He said an investigation had been launched into the circumstances surrounding the incident.

Nichols’ fellow colleagues immediately sent out condolences to his family.

One of them wrote: “Good comrade…you were fly high Bro…keep us guarded while you up there.”

Another colleague, who described Nichols as a strong swimmer and one of the TTCG’s best, said he was saddened by his death.

An autopsy is expected to be conducted today at the Forensic Science Centre, St James, to determine the actual cause of death.

The TTCG was scheduled to have had its cooler wet fete last night at the Military Museum in Chaguaramas, but postponed it to a later date as a result of the death.

When Allan Alexander heard that his brother Sheldon Guerra and neighbours had been injured in a boating accident, he rushed to the Los Iros Beach. But as he ran up to the mangled wreck, he realised was too late as Guerra had already died.

Up to yesterday, the T&T Coast Guard was searching for three other people at sea while three others were warded in serious condition at the San Fernando General Hospital.

A report stated that around 8.20 pm Tuesday, Erin police were informed of an incident at the Los Iros Beach.

Cpl Harripersad and other officers met with Alexander, who told them that Guerra and several other people were aboard his pirogue, “Lisa,” on a trip off the coast of Los Iros to retrieve a fishing net when another boat collided with them.

At the beach yesterday, the T&T Guardian learned that Guerra, 40, of Carapal Road, Los Iros, had gone out to sea around 7 pm with Edward Williams, 42, of Charmaine Village, Buenos Aires, Kibew Simon, 31, of Erin Beach Road and Keyala Primus, 24, of Los Iros Beach Road.

Williams’ stepdaughter Christine Balfour said while they were retrieving the net the other boat, which was being chased, crashed into “Lisa.”

It is believed Guerra was seated at the point of impact. Primus and Williams were thrown out the boat while Simon remained on board.

On the other boat was Edmund “Blues” Charles, 40, of La Union Road, Joel Seerattan, of Erin, Jerome Mitchell, of Guayaguayare and Kel Hagley, 25, of Diego Martin.

All the occupants of that boat were also thrown overboard by the impact. Simon dived into the water and gathered Guerra, Primus, Seerattan and Mitchell and lifted them onto the damaged Lisa.

In the dark of night, however, Williams, Edmund and Hagley could not be seen.

With water rushing into the boat, Simon steered it to shore where Primus and Mitchell were carried into a car and taken to the Siparia District Health Facility (SDHF). While at the SDHF, police learned that Seerattan was found grimacing at the beach facility and he was taken for medical treatment via an ambulance. Guerra, who appeared to suffer a broken neck, shoulder and leg, was taken to the Forensic Science Centre, St James, for an autopsy.

Guerra, a father of a six-year-old girl, was a security guard at a Palo Seco supermarket, but according to Alexander, fishing was his life. He said his brother was a hard worker and because he loved fishing he would go to sea any chance he got.

Balfour said Simon was trying to balance the boat and when he saw the other boat speeding into them. She said he shouted “boat” but there wasn’t enough time to move. She said Williams was struck in the chest before he was thrown in the water. Although he was a good swimmer, she had little faith he would return alive.

“I don’t really think he is alive. We are hoping for the best, but from the description we got of the accident, I don’t really think he survived,” Balfour said.

Fellow fishermen continued searching yesterday and even retrieved the catch the men went to get.

Work on the Churchill Roosevelt Highway extension to Manzanilla has been temporarily halted for less than 24 hours, as the Appeal Court mulls over whether environmental group Fishermen and Friends of the Sea (FFOS) should be given an interim injunction pending the determination of its appeal against the dismissal of its lawsuit.

Contractor Kall Co gave the undertaking yesterday during a procedural hearing before Appellate Judge Peter Rajkumar to decide on the injunction and whether FFOS should be granted an urgent hearing of its appeal.

After listening to over seven hours of submissions at the Hall of Justice, Port-of-Spain, Rajkumar asked Kall Co and the Ministry of Works and Transport if they were willing to give an undertaking as he would take a week to determine the issue of urgency.

Kall Co’s lawyers only agreed to stop its work until today, when the submissions are expected to be completed and Rajkumar will give his decision on the temporary injunction.

FFOS is appealing a decision by High Court Judge Kevin Ramcharan to dismiss their judicial review lawsuit challenging the process used by the Environmental Management Authority (EMA) to grant a Certificate of Environmental Clearance (CEC) for the project.

As a result of his decision to refuse FFOS leave to pursue its claim, the interim injunction which he granted when construction work began last month was automatically discharged.

Ramcharan’s decision was largely based on the fact that the lawsuit was filed outside the three-month statutory limit. He said while FFOS was required to file the lawsuit three months after the EMA granted the ministry the CEC on June 22, it filed it exactly three months after it learned of the CEC on July 6.

FFOS is claiming Ramcharan should have used his discretion to extend the time limit due to the public interest in the case.

In addition to rejecting the claim based on the unreasonable delay, Ramcharan ruled that all 14 grounds raised by FFOS in the lawsuit did not have a realistic prospect of success it they were eventually taken to trial. Ramcharan also said he felt the EMA has followed the required process before granting the CEC.

Raids carried out at three major prisons across the country yesterday saw the seizure of numerous improvised weapons and cell phones.

The searches started around 8 am simultaneously at the Port-of-Spain and Maximum Security Prisons and the Golden Grove Remand Yard. The items, according to prison sources, were seized from the cells of inmates.

Prisons Commissioner Gerard Wilson confirmed that the “searches were a success.”

“There were no issues and everything went smoothly,” Wilson said.

The exercise, which was conducted by an elite unit of the T&T Prison Service, was the first since the lock down of the PoS Prison which led to the killing of prison officer Davendra Boodooram.

Boodooram was shot dead in his vehicle along Frederick Street on January 26 shortly after leaving duty at the Port-of-Spain Prison.

However, yesterday’s lockdowns occurred hours after a gun attack on the home of a prison officer in south Trinidad at midnight Wednesday.

Police said the officer, who has over 20 years service, was at home with his wife watching TV when they heard several gunshots.

The officer told police he looked outside and saw two men running away before they jumped into a car and fled the scene. The officer said when he came outside yesterday morning he saw five spent shells on the ground and bullet holes in the walls.

However, Wilson last night told CNC3 this incident and the lockdown were unrelated, noting the officer had a personal issue which may have resulted in the attack.

Calypsonian Duane O’Connor has threatened to file an injunction in court to halt Sunday’s Calypso Monarch competition if he is not placed as a finalist.

Yesterday, O’Connor, through attorney Keith Beckles, sent a pre-action protocol letter to Trinbago Unified Calypsonians’ Organisation (TUCO) president Lutalo Masimba questioning why the points on his score sheets were changed following his performance at Saturday’s Calypso Fiesta in Skinner’s Park, San Fernando.

When the names of the 15 finalists for the Calypso Monarch competition were announced, O’ Connor, who sang “No Front Page,” was not in the line-up. He then requested the summary score sheet which showed one judge had changed his mark from 28 to 25 points in the melody category, but there was absolutely no reason(s) given for the change.

Beckles said in the letter that if the reduction had not taken place O’Connor would have been in the finals with a score of 413 points, as he would have been in the same position as five other calypsonians “even if there was a tie-breaking event, he would have been a finalist.”

As a result of the anomaly and lack of transparency, O’Connor approached the Adjudicating Review Committee, who responded by letter dated February 6 saying “his objections had no merit and stands dismissed.”

The committee also acknowledged there was no expressed rule with respect to the scratches and/or changes in the scores and the judge had initialled the scratch mark acknowledging his error.

In this regard, Beckles pointed out that TUCO failed to follow their own rules under part 3.8 of its handbook, which states where an error, fault or mistake are identified, the committee will allow a hearing to the adjudicator to present an explanation.

“In the circumstances, we demand that our client be awarded automatic qualification and/or advancement to the final round of the competition,” Beckles said.

He also demanded a reason/s for the score change. Beckles gave TUCO 12 hours to respond to the issues raised, failing which O’Connor has instructed him to file an application for an injunction to halt Sunday’s competition at the Queen’s Park Savannah.

Masimba, in a telephone interview last night, said the matter was being investigated by the committee.

“Once I get a response from the committee I will comment,” Masimba said.

Public Administration Minister Maxie Cuffie is expected back home by month-end once his American doctors allow him to travel.

That’s the word from Cuffie’s La Horquetta-Talparo constituency office manager Ava Quaccoo, with whom the MP keeps in regular contact. And Cuffie himself yesterday also quashed negative social media rumours about his condition.

Cuffie suffered a stroke last September - a second once since 2012 - and was warded at the St Clair Medical Centre. He also underwent surgery. In November he was flown to the Walter Reed Hospital in Washington for therapy and has been there since.

On social media speculation about his condition, Cuffie, on his Facebook page, yesterday denounced alleged statements - including by businessman/politician Phillip Alexander, saying, “I will like him to know that I am more alive, thank God, than the phantom membership of his political party...

“Despite his attempts to traumatise my family, friends, constituents and supporters, I wish to assure them that their prayers continue to be answered as I am well on my way to recovery & I am getting stronger daily.

“The doctors are pleased with my continued progress since my arrival here &, by God’s grace, I shall be back home as soon as they clear me for travel to return home. I am bolstered by my faith in God and the unfailing love of my family and feel born again.”

Yesterday Quarcco said the social media rumours are “...so untrue. That’s why he spoke out (this week). He’s doing well - he remembers everything - and has been in regular touch with the office. We call him all the time for advice, I spoke to him up to last Thursday. I believe he’ll return after Carnival, by month-end, once doctors allow him to travel. He’s looking forward to returning,”

PNM La Horquetta-Talparo constituency executive chairman Philip Watts also expects Cuffie back after Carnival.

“He’s in constant touch with the office managers, he normally calls them, so all this about him dying is a joke,” Watts added.

Watts said the executive is also preparing for Prime Minister Dr Keith Rowley’s visit to La Horquetta-Talparo on February 22, when a public meeting will be held.

In Cuffie’s absence, Watts said the executive had organised the constituency in such a way that constituents’ needs would be dealt with, adding “ministers have been invited to the constituency to deal with issues people may have.”

On speculation of a by-election in the constituency, Watts - who’s been chairman since 2009 - said, “We have a strong constituency. I don’t think it’ll come to a by-election. But if it does, I’m very sure PNM will retain the seat the way the executive is managing things. We don’t have a problem.”

Cuffie has regularly sought and obtained Parliamentary leave since falling ill.

A total of 75 small, medium and large bands have registered with the National Carnival Commission (NCC) to cross the Queen’s Park Savannah stage for the Parade of the Bands on Carnival Monday and Tuesday.

Confirmation came from an NCC source who has been putting preparations in place for the two-day street parade. The spokesman said masqueraders will have access to six routes.

The colour-coded routes outlined in an NCC 2018 Carnival map which the T&T Guardian obtained have been listed as Band, Socadrome, Piccadilly, Exit, Emergency and Escape.

The only change, the source said, was that bands converging at the corner of Park and Charlotte Streets will be allowed to turn west of Park Street as an escape route.

“Basically Socadrome, Piccadilly and the band routes have remained the same as last year. There are no major changes,” the source said.

Socadrome and Piccadilly have the shortest route with the Band route being the longest.

The Socadrome route shows that band members will gather at the Nelson Mandela Park following which they will make their way into Woodbrook before proceeding into the Jean Pierre Complex.

Socadrome’s Danielle Jones-Hunte said they will be working with the NCC’s route.

The starting point for the Band route begins at the Queen’s Park Savannah where masqueraders will proceed onto Tragarete Road then turn off at the Queen’s Park Oval into Woodbrook and head back into the capital city.

NCC has designated four judging points—Victoria Square, South Quay, Piccadilly Greens and the Savannah for bands entering the small, medium and large categories of the Parade of the Bands competition.

Last year, NCC replaced Adam Smith Square with Victoria Square as a judging point.

Of the four judging points, the source said the bands must cross three with the savannah being mandatory.

With the organisers of this year’s Socadrome opening up the Jean Pierre Complex stage to all masqueraders and individuals on Carnival Tuesday, the source said they expect things to be busier than usual.

The source said on Saturday for the Junior Parade of the Bands they will do an experiment near the Port-of-Spain General Hospital which has been designated “a no noise zone” where they would play music using a deejay and two speaker boxes.

“We will play the music at a reasonable level for the children and once this works the same concept will be applied for Carnival Monday and Tuesday for the adults. We have been in discussions with the Environmental Management Authority to ensure compliance.”