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May agrees to meet regional heads at CHOGM on Windrush

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A growing outcry against threats of deportation from the UK facing many people of Commonwealth Caribbean background—thousands by some estimates—hit a crescendo here in the Parliament yesterday.

“It is inhumane and cruel for so many of that Windrush generation to have suffered so long in this condition,” Labour MP David Lammy, whose parents are from Guyana, told Parliamentary colleagues as he reflected on the extent of disquiet over the issue.

Over the past several weeks there have been an increasing number of mainstream and social media reports, plus numerous personal accounts, of the uncertainty being faced by those caught up in this dilemma.

Most of them were brought to the UK by their parents and came to be known as the Windrush generation. The MV Empire Windrush was the British passenger ship which brought waves of West Indians to the UK in the post-war period starting in 1948. But in 1971 the immigration laws under which they were invited to the UK changed, rendering many of them virtually stateless.

Life, however, continued for many in a form of normalcy and they were even recognised by the state and its various agencies. They also found work, in both the public and private sector, had bank accounts and even owned property.

But things were changing. There has been a gradual and continuous tweaking of the British immigration laws in the years since 1971, culminating in a series of draconian rules between 2014 and 2016. Those came at the height of the campaign leading up to the UK’s ‘Brexit’ referendum from the European Union (EU), in which immigration was a core issue.

But Commonwealth Caribbean nationals who have been ensnared in the changes have now become the most noticeable victims. In the past year or so, the tales of woe have been mounting in intensity as the reality of the changes began to bite. It means some Windrush generation British residents, who might never have applied for UK passports, have even reportedly been threatened with deportation, despite having been living in the UK for as long as 50 years because they cannot provide any documentation. An estimated 50,000 people from the Windrush generation are said to be affected.

The outcry has now caused a U-turn by British Prime Minister Theresa May, who has agreed to a meeting with a delegation of Caribbean leaders, coincidentally in London this week for the annual Commonwealth Heads of Government summit. A previous request a few days ago was rejected.

An all-party group of 140 parliamentarians wrote to her on the matter. It was May who, as Home Secretary, initiated the current draconian immigration requirements.

Amber Rudd, who succeeded May in the role, has blamed what is now her own ministry for “becoming too concerned with policy and strategy and sometimes lose sight of the individual.”

She announced that she has put a task force in place to review the rules and the processes.

MIKE JARVIS
Reporting from UK
for Guardian Media


Galleons Passage now due in mid-May

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The Galleons Passage will not arrive in Trinidad and Tobago until mid-May or thereabouts.

That’s the word from Works and Transport Minister Rohan Sinanan as the vessel continues its journey en route to Acapulco, Mexico.

The Galleons Passage was initially due in Mexico on April 24, but checks yesterday on the Marine Traffic site put a new estimated time of arrival (ETA) of April 26.

Sinanan explained that because of “unforeseen delays” along the route “we expect the vessel to be here as we speak by the middle of May, if things go as they are going now. If things go different to that then it could vary.”

This contradicts information from Finance Minister Colm Imbert, who, in describing recent claims that the arrival of the vessel would have been delayed by a month as “speculative,” had given an arrival date of April 30.

Yesterday, however, Sinanan explained that when a vessel is travelling from “one end of the world to the next” it is subject to a number of vagaries, not least of which is “weather conditions and when you have the vessel going to several ports, when you enter some of these ports you have to wait in time.”

 

Three cops charged with assault, kidnapping

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Three police officers have appeared in court charged with assaulting and kidnapping a man from Diego Martin last year.

Cpl Kevin Nurse and PCs Kevin Cassie and Kevin De Freitas appeared before Magistrate Nanette Forde-John in the Port-of-Spain Magistrates’ Court on four criminal charges which arose out of their arrest of Nicolas Owens in November last year.

The trio was charged with assault occasioning actual bodily harm, kidnapping, false imprisonment and misbehaviour in public office. They were not called upon to plead to the charges which were laid indictably.

During the hearing, Forde-John certified the bail that they had received from a Justice of the Peace after being charged by detectives of the Professional Standards Bureau (PSB) over the weekend.

Court prosecutors requested that conditions be placed on their bail, requiring their colleagues to periodically report to the nearest police stations to their homes for the duration of their case.

Their attorneys, Kirk Hogan, Criston Williams and Christian Chandler objected as they pointed out that the request was illogical as they are still serving members of the Police Service.

Forde-John is expected to make a determination on the issue when the case comes up for hearing again tomorrow.

During that hearing, prosecutors are expected to begin disclosing the evidence against the officers as required under the new Criminal Procedure Rules.

The charges arose out of an incident near Owens’ home at La Puerta, Diego Martin on November 5, last year.

The officers, who were all last assigned to the Western Division Task Force, reportedly went to the community to arrest another resident and became involved in a confrontation with Owens.

He was arrested and charged with resisting arrest, obstruction and using obscene language.

After receiving bail, Owens reported the incident to the PSB and allegedly provided video footage of the incident captured by a neighbour’s CCTV cameras.

While the charges were laid on the officers based on the fact that Owens’ arrest was deemed unlawful, he is still facing the charges which were initially laid against him.

The T&T Guardian understands that the charges will be dismissed by the Office of the Director of Public Prosecutions when Owens reappears in court on July 3.

Owens is expected to file a civil lawsuit for assault and battery, malicious prosecution and false imprisonment against the State seeking compensation.

Policeman accused of Moruga killings sues DPP over delay

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One of the six police officers charged with murdering three friends from Moruga in 2011 has been given the green light to sue the Office of the Director of Public Prosecutions (DPP) over delays in starting their trial.

On Friday, High Court judge Ronnie Boodoosingh granted lawyers representing PC Safraz Juman leave to pursue his judicial review claim over the failure of the DPP’s Office to file an indictment against him and his colleagues since the end of their preliminary inquiry, almost five years ago.

The filing of the indictment after the inquiry is required to allow for the case to listed on the trial list in the High Court.

It does not guarantee an early trial date as there is already a backlog of cases that have been filed and are awaiting trail dates.

Juman is complaining that the delay is affecting his ability to present his defence as his defence witnesses are either seriously ill or in the process of migrating.

According to his application, Juman is questioning why the indictment has not been filed after they were committed to stand trial at the end of their preliminary inquiry in Princes Town Magistrates’ Court on July 15, 2013.

Usually the process takes between two to three years as there are delays in depositions from witnesses in preliminary inquires being prepared and sent to the DPP’s Office, to be filed along with the indictments.

In his lawsuit, Juman’s lawyers noted that the depositions were sent in September 2015 and were collected by DPP Roger Gapsard, SC, who is personally prosecuting the case.

Alana Duncan, 27, of Duncan Village, San Fernando, Kerron Eccles, 29, and 20-year-old Abigail Johnson, both of St Mary’s Village, Moruga, were killed on July 22, 2011.

The friends were driving in Duncan’s vehicle when it was stopped by police at the corner of Rochard Douglas Road and Guness Trace Junction in Barrackpore.

Initial reports claimed that the friends shot at police, who returned fire.

Sgt Khemraj Sahadeo and PCs Renaldo Reviero, Glenn Singh, Roger Nicholas, Safraz Juman, Antonio Ramadin and Clement were eventually charged with the murders.

The charge against Clement was eventually dropped after she agreed to testify against her former colleagues of the San Fernando Robbery Squad.

The friends’ relatives have filed a wrongful death case against the State seeking $2 million in compensation for each family.

When the case came up for trial in February, the State failed to call any witnesses to defend the multi-million negligence claim.

Garcia: Some setback as school reopens

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The Ministry of Education yesterday admitted to facing several challenges with the opening of the new school term which involved a bomb threat, fire, protest and foreign objects placed in the sewer system of some schools.

At a press conference yesterday at his Port-of-Spain office, Education Minister Anthony Garcia said although there was a smooth opening of all schools, they were faced with some setback leading up to and on the first day of the new school term.

The first setback involved a 10 am bomb threat at Asja Boys’ College in San Fernando which caused a major disruption in classes.

On the compound of the college, Asja Girls’ Primary School is housed. Students of both schools had to be evacuated at Skinner Park and Southern Academy for the Performing Arts.

The threat led to Fire Services being called in where they searched classes and the compound, but nothing was found, said Chief Education Officer Harrilal Seecharan.

Classes were later resumed.

Garcia said on Sunday a contractor undertaking work at the Diego Martin RC School found clothing stuffed in the sewer system of the toilets.

Some of the items were unrecognisable, he said.

However, Garcia said the contractor was able to unclog the system and the school was reopened yesterday.

Garcia alluded that the clogging could have been an act of sabotage, as “persons seemed hell bent on disrupting the smooth functioning of our schools. Unfortunately I can only describe them with deranged minds who are trying their best to prove us wrong.”

Another issue involved a fire at the San Juan South Secondary School on Saturday evening.

On Sunday, ministry officials visited the school and put measures in place to have its doors opened.

“That was one set back we experienced,” Garcia said, stating that the fire originated in the ceiling and could have been triggered by an electrical problem.

Outside the Princes Town Presbyterian Primary School No 1, Garcia said parents staged a protest demanding a new school for their children. Students of the school operate on a shift system with Princes Town Presbyterian Primary School No 2.

Garcia said his ministry could not build a new school at this time due to shortage of funds.

Family wants justice for Snoogy’s killing

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The body of a man found at Fort George in St James has been identified as Mark “Snoogy” Singh, 22.

The body was identified by relatives yesterday at the Forensic Science Centre. Singh lived at Ross Lands in St James.

Singh’s body was found along a track at Fort George at about 6.30 pm on Sunday. His body was clad in a blue jersey and a pair of side-striped sweat pants.

Speaking with the T&T Guardian yesterday, a close male relative of Singh, who wished for his name to be withheld, described Singh’s killer or killers as cowards.

The relative said the family is very distraught over Singh’s killing and wondered why as he was not involved in any gang or drug related activities.

“This killing get out of hand and is we the black people suffering here in this country and nobody cares. Our lives are not animals. You see dead animals at the side of the road…you not supposed to see humans like that,” Singh’s relative said.

“Snoogy was a precious gem. Very hard working, kind and caring guy. Everybody he came across loved him because of his outstanding personality,” the relative added.

Family members said that even the police do not have “one clue” as to why Singh was killed.

“That is to tell you that the police didn’t even know about Snoogy. If they knew about him it would be good things, nothing bad,” another relative said.

Relatives are praying and hoping for justice for their loved one.

Investigations are continuing.

Cops probe man’s murder in Mamoral

Almost one year after a father and his five-year-old daughter were murdered in their one room house, a man from the same area, just a few houses away, was shot while on his way home from liming at a nearby village bar.

Dexter Sorillo, 35, was at a bar liming and at about 5.30 pm on Sunday he left to walk to his home at Leekham Road, Mamoral, when several loud explosions were heard.

Residents later found Sorillo with multiple gunshot wounds. He was taken to the Chaguanas District Health Facility where he died.

Police said a man, believed to be the gunman, was seen running into nearby bushes.

On April 30, Solomon Joseph and his five-year-old daughter, Saleesha Faith Joseph were both killed while asleep in bed at their Leekham Road home.

The double murder of father and daughter remains unsolved and residents strongly believe that they would not get justice for Sorillo’s murder.

Police are yet to determine a motive for Sorillo’s murder.

Cocorite man shot dead

A 23-year-old man was gunned down in Cocorite on Sunday night.

Police said at about 9.30 pm Shaquille Williams, of Carenage, was standing near a savannah at Harding Place when he was shot several times about the body. Police said he had been charged with robbery and gun-related offences.

“Cow Man” killed in Laventille

Darren “Cow Man” King, 35, was shot dead yesterday near his home in Laventille.

Police officers said King, who was well known to them, was said to be “on the low” since he came out of prison over two years ago. He was charged with arson and was a suspect in many other crimes including firearm related.

They said around 3.30 pm King was at the corner of Gibson Trace and the Old St Joseph Road in Success Village, Laventille, when a gunman walked up to him and shot him. The gunman then fled on foot.

Kings murder brings the number of killings for the year to 159.

Investigations are continuing.

Foreign Ministry: Cedros fishermen free to leave Venezuela

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T&T’s Foreign Affairs Ministry says the Cedros fishermen detained in Venezuela were free to return home if they chose since last week Wednesday and are not in the custody of the Guardia Nacional.

In a surprising twist which left relatives baffled, Keren Israel from the Ministry of Foreign Affairs issued a statement saying the men—Awardnath Hajarie, 52, son Nicholas Hajarie, 26, and friend Shammi Seepersad, 36, had been freed since April 11 having appeared in court and granted a Certificate of Voluntary Abandonment of Venezuela which allows them safe legal passage out of the country.

“The Venezuelan immigration authorities further agreed to release the fishing boat upon receipt of ownership documents provided by the boat’s owner,” the release said.

The Ministry said it made arrangements with the T&T Coast Guard for the fishermen to be received in T&T waters on Sunday but when the Coast Guard vessel was en route to the meeting point, the Embassy was informed of the cancellation of the arrangement. No reason was given as to why.

“The three fishermen are free to leave Venezuela on their own volition. Consular officials at the T&T Embassy have informed that the fishermen are currently housed with relatives in Tucupita. While all diplomatic avenues were pursued to secure the timely release of the detained fishermen, it was also necessary to ensure that the laws and procedures of Venezuela were fully respected and that due process was allowed to take place in accordance with these laws,” the Ministry said.

However, councillor for Cedros Shankar Teelucksingh said the new information was upsetting.

“If they were free to leave, why didn’t the T&T Embassy make provisions for them to return to T&T. Why didn’t we know this? We could have sent someone for them! What we have an Embassy in Caracas for?” Teelucksingh questioned.

“How can they come home if they have no money, no food and no help,” he added.

Sister-in-law Sunita Hajarie said they were confused with the new information released by the Ministry. “So long we waiting for news and now we hearing they could have come home all the time? I don’t know much but what they saying now is very strange.”

Heermatie Sanker said she was praying that her family will be brought back home today or Wednesday. A ferry usually leaves Venezuela on Wednesday to come to Trinidad and the three fishermen may likely come home then.

The three fishermen were arrested by the Guardia on April 5. Their arrests were captured by a Trinmar worker who posted it on Facebook.

Injured cops turned away from health facility

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An investigation has been launched into an incident at the Couva Health Facility in which three police officers were refused treatment because they had no medical card.

The officers, dressed in their police uniform, went to the health facility early Sunday morning after receiving minor injuries during the arrest of two men at Dow Village, California.

WPC Anisa Ali, PC Kevon Vialva and PC Mark Ramkalwan, attached to the Couva Police Station, arrived at the health facility around 3.40 am. They were informed by an employee known to them that they cannot seek medical treatment without their medical record card.

Shortly after, a nurse called them individually into a room. The officers were reportedly told by the nurse, who was speaking loudly and gesticulating, that as officers they ought to know that they cannot be treated without their card.

The officers were not treated. They returned to the police vehicle and went to the Chaguanas District Health Facility where they were afforded medical treatment.

Police Service Social and Welfare Association president Insp Michael Seales said yesterday he was appalled by the treatment meted out to the officers.

Seales said, “This is an interesting turn of events. The association is appalled and find it horrendous that police officers injured in the course of their duty being turned away at a public health facility under the South West Regional Health Authority (SWRHA).

“The Association calls for an immediate inquiry into this event and hope that someone is held culpable as you cannot have the guardians of democracy being slighted when they have been called upon to serve the country.”

Seales said the association will vigorously pursue this matter so that it will never happen again. When contacted, SWRHA’s chief executive officer Gail Miller-Meade assured that an investigation will be launched.

Miller-Meade said, “You don’t need a card, especially in an emergency to access health care.”


May apologises to Caribbean over Windrush deportation threat

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A sense of “relief” descended on the Caribbean community in Britain yesterday when British Prime Minister Theresa May apologised to Caribbean leaders over the treatment of members of the so-called “Windrush Generation,” who have been threatened with deportation after decades of living in the United Kingdom in what was a significant about turn on a decision by the British government to deport descendants of members of the Windrush Generation who are deemed illegal immigrants.

The move by the British Government created a firestorm in Britain as Commonwealth leaders gathered in London, which prompted the meeting with Caribbean leaders.

Prime Minister Dr Keith Rowley, in London for the Commonwealth Heads of Government meeting, did not attend the meeting, although T&T nationals were part of the Windrush Generation.

This country was represented by Foreign Affairs Minister Dennis Moses.

During the meeting at Downing Street, May told Caribbean leaders, “I want to dispel any impression that my Government is in some sense clamping down on Commonwealth citizens, particularly those from the Caribbean.

“I take this issue very seriously. The Home Secretary apologised in the House of Commons yesterday for any anxiety caused. And I want to apologise to you today, because we are genuinely sorry for any anxiety that has been caused,” May said.

Jamaican Prime Minister Andrew Holness, who had a bilateral meeting with May before the wider discussion with Caribbean leaders and whose country has the highest number of Windrush immigrants, said he accepted May’s apology. He said, “It is a concerning matter but we take note that the Government has given a commitment that justice is going to be done and is in the process of being done.”

Trinidadian Ancil Wong told the T&T Guardian from London that the apology was a “relief” to those threatened with deportation over the next few days.

He said there had been a “sense of betrayal,” among Trinidadians and other Caribbean nationals by the initial decision to deport, as it was felt that 70 years after the first Windrush immigrants arrived in Britain “nothing has happened and nothing has been done for all the years, although Britain was aware of the situation.”

The Windrush Generation was invited to Britain to plug labour shortfalls after World War two, between 1948 and 1971. The name has its genesis in the ship HMT Empire Windrush, which brought the immigrants from Caribbean and African countries under a rule allowing freedom of movement within the Commonwealth.

Minors travelled on their parents’ documents and some never registered for a passport. Today some of the descendants of the Windrush Generation have been deemed “illegal immigrants” and have been asked to provide documentary evidence of their life in Britain, which they had not been previously required to keep and in some cases were threatened with deportation.

This year marks the 70th anniversary of Windrush and Wong said among the T&T community in Britain the 70th anniversary “is viewed as a milestone for Trinis as it meant also the arrival of people like Lord Kitchener and Lord Woodbine.”

“So from a Trini point of view it’s an important milestone and presents the opportunity for people to revisit the presence of people from the Caribbean community and the contributions that they have made to the development of British society,” Wong said.

The 70th anniversary of Windrush will be marked with a “Migrants Mass” to be celebrated at the Southwark Cathedral in London on May 7.

Chairman of the Catholic Commission for Social Justice Leela Ramdeen has been invited to speak to share her experience as a Caribbean national living in the UK and the contribution of Caribbean Migrants to the UK Society

HoMinister: Govt bracing for objections to land valuation

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Government expects a “slew” of objections to upcoming valuation of land exercises and has proposed a tribunal to handle objections, says Minister in the Ministry of Finance Allyson West.

West spoke about the matter yesterday while piloting amendments to the Land Valuation legislation in Senate. That bill runs in tandem, with Property Tax amendments also soon to be debated

The Valuation Bill corrects inaccuracies in valuation law. As a result, the last comprehensive valuation was in 1948 and some properties’ value remained low while newer ones command high values, West added.

In recent years, she said, property values rose at “an insane pace” with “insane movement of prices”. Amendments are geared to rectify inequities, she added.

Among amendments, each unit in multi-owner buildings (condominiums and commercial buildings) will be seen as individual land with its own value.

Buildings valued at $18,000 and less will carry a minimum value of $18,000 and the minimum tax liability will be $540 annually.

The fine for failing to submit Valuation Return forms— requiring more information from owners— was increased from $500 to $5,000. West said. “$500 was nothing.”

Because the Tax Appeal Board is overburdened, she added, the proposed tribunal will handle the “slew” of objections anticipated. Owners can also go to court.

Opposition Senator Wade Mark objected to the tribunal being appointed by the Finance Minister, saying it gave the minister too much power.

Mark particularly decried West’s comment that $500 was nothing.”

“It means something for the poor man...!This legislation will render people property-less, landless and homeless..”

Saying the Opposition doesn’t support the bill, Mark added: “ Two things you don’t tamper with— people’s religious beliefs and a man’s property! Land causes revolutions.

Bat droppings at Biche RC School: for exam in church

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Standard Five pupils of Biche RC Primary School are now preparing for next month’s Secondary Entrance Examination (SEA) in a church.

The move comes one day after 10 teachers of the school walked out in protest due to the high prevalence of bat droppings which they argued was a risk to their health.

The walkout led to an early end of classes at the school on the first day of the new school term on Monday.

The teachers were advised by T&T Unified Teachers’ Association (TTUTA) not to return to the school until the issue was addressed by the Ministry of Education.

President of TTUTA, Lynsley Doodhai said parents of pupils met in an emergency meeting yesterday and took the decision to keep their children, with the exception of the Standard Five pupils, at home until the problem is sorted out.

The Standard Five pupils were shifted yesterday to the nearby Biche RC Church to prepare for the SEA exams.

Asked if TTUTA was satisfied with this new arrangement and if conditions were adequate, Doodhai said this was the only alternative they had, as the pupils needed to prepare for the May 3 examination.

“There is no other choice…it is under two weeks for the exam. They need to prepare. They cannot be at a disadvantage.”

Doodhai said TTUTA intended to raise the bat droppings, among other issues, with the ministry in a meeting yesterday.

He said for over a year bats have been living in the dilapidated roof of the school and depositing their droppings in the ceiling. He said this poses a threat to everyone’s health.

“They have been coming and vacuuming the droppings, failing to get rid of the bats. What has been recommended by the OSH agency is that the entire roof of the school be replaced so the problem could be dealt with once and for all. But we are yet to see this happen.”

Public supports Ahye

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“Do something good for the country…and they still find a way to be negative smh (shaking my head) Trinidadians.”

This was the last tweet from Commonwealth Games gold medallist Michelle-Lee Ahye’s official Twitter account before she disabled it yesterday, following an article in yesterday’s T&T Guardian highlighting the fact that photos from her private Instagram account and that of her partner were being shared online as part of an apparent smear campaign. Ahye also deleted her Facebook account yesterday. She also did not respond to private messages sent on Twitter by the T&T Guardian seeking comment on the issue.

A photo of Ahye and her partner in a compromising position was not published by the T&T Guardian in its article addressing the situation. That photo was taken from the private Instagram account of Chelsea Renee Ahye. The username on that account is mrskinglee 10.6. That account was also shut down yesterday.

Ahye’s Instagram account with the username kinglee10.6 remained private.

Citizens yesterday threw their support behind Ahye yesterday as they took the T&T Guardian to task for its reporting of the story.

Social media was filled with persons giving their opinion on the situation.

One of Ahye’s national sprinting colleagues, Machel Cedenio, took to his Twitter account to advise Ahye not to be distracted by the situation.

“Keep your head above the water they trying to distract and mislead the nation from the bigger picture!!”

Ahye is currently in Texas focused on her athletics with the Diamond League series scheduled to start soon.

Head of the T&T Olympic Committee (TTOC) Brian Lewis also reminded Ahye to believe in herself and stay focused.

“Believe in yourself...stay focused....To thine own self be true. Dream big. Achieve big!”

The T&T Guardian’s Facebook post depicting yesterday’s front page was filled with comments from readers supporting Ahye.

Ariel Christiana Martin wrote: “What is hurtful is that this affected her to the point of her taking down her twitter and fb and locking her ig...shameful that this is how a GOLD MEDALIST is treated.”

Gale CB said Ahye’s personal choices were no one’s business and wrote: “Whatever choices this young lady makes in her personal life is no one’s business. She did better than all the ppl who wants to talk her bad! Keep shining my dear. You are a star and let nobody tell you differently. Shame on Guardian Newspapers!!!”

Richard Nigel Ramkissoon questioned when judging people on such choices would stop.

“When will we stop judging people based on these things,” Ramkissoon wrote.

This was a sentiment that was echoed throughout many of the posts.

Taken Tee Soo wrote: “What?? Really?? It’s 2018!! Her personal life is just that Personal!! Still proud of her achievement!!”

Meanwhile, two women representing the LGBTQI community yesterday maintained the position that Ahye’s personal life was a “non-story.”

Coalition Advocating for Inclusion of Sexual Orientation (CAISO) board member Angelique Nixon questioned why the T&T Guardian had to publish Ahye’s “personal business? Why is it a story?”

Nixon said the article had no merit and only created unnecessary sensationalism.

“I don’t think it was fair. It was not a story worth publishing.”

Attorney Leah Thompson also echoed a statement by CAISO executive director of CAISO Colin Robinson that the issue of Ahye and her partner was a non-story.

 

(With reporting by Shaliza Hassanali)

CAISO taking LGBTQI firings, evictions to EOC

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The numbers of gays who have been thrown out of their parents’ homes and evicted from apartments have increased to eight in the last week. Two LGBTQI members were also reportedly fired in the wake of last Thursday’s major victory in the High Court after Justice Devindra Rampersad declared two clauses of the buggery legislation unconstitutional.

In light of this, Coalition Advocating for Inclusion of Sexual Orientation (CAISO) board member Angelique Nixon says they will be taking these complaints to the Equal Opportunities Commission (EOC) to ensure the LGBTQI community is protected.

“We are taking our complaints to the EOC. We want to go forward with the EOC campaign to amend its act to include protection for housing and employment against those who have been discriminated,” Nixon told the T&T Guardian.

While she could not say when they will go to the EOC, Nixon said the Equal Opportunities Act does not include sexual orientation and the EOC’s hands may been tied.

“We want the Government to step up because they have not said anything positive yet. So far, we’ve had eight complaints by people who were thrown out of their homes by their parents or guardians in the last week. There have also been a number of cases where people have been kicked out of their apartments by their landlords. There were also two complaints with regards to employment. These two individuals were faced with either trouble in the workplace or being fired.”

So far, Friends for Life (FFL), which is one of six LGBTQI groups under the coalition Alliance for Justice and Diversity (ADJ), has assisted the eight LGBTQI members who were evicted.

“Reports are still coming in. We have a number of people who have volunteered their homes, a couch and even annexes. We have a good network system in place to help.”

These homes were offered as a temporary measure, Nixon said, adding FFL has been pushing the Government to create specific housing for LGBTQI members in communities. The FFL has also started a fund-raising drive to help those who were evicted.

“We are pulling our resources and doing our best to assist,” Nixon said.

While the complaints have been mounting in the last week, Nixon said the issue was not new.

“We regularly receive complaints anywhere from one to three people a month facing homelessness due to issues with their parents or by their landlords.”

But as a member of the LGBT community, she expressed concern over the growing number of complaints.

“I am already open and public. But I am concerned about my friends and partner,” Nixon said.

Attorney Leah Thompson, who represents AJD, said the group will also be asking the EOC and Parliament for “HIV status, sexual orientation and aged individuals to be added to that legislation of the Equal Opportunities Act so that when these things happen LGBT people are given full protection.”

President warns against inciting victimisation, bigotry, violence

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President Paula-Mae Weekes yesterday said while citizens are entitled to hold their points of view, they must be careful not to “damage the national psyche by inadvertently inciting victimisation, bigotry and violence.”

In a press release from the Office of the President yesterday, Weekes said she has been following, via traditional and social media, the escalating tension surrounding Sections 13 and 16 of the Sexual Offences Act and last Thursday’s ruling of Justice Devindra Rampersad’s in the High Court on those provisions.

“I implore citizens, especially those in a position to influence others, to inform themselves fully on the law and the facts before making public utterances.”

Weekes also reminded commentators of the request she made in her inauguration address that we should disseminate our views responsibly and report on facts. She said Section 13 (1) states that a person who commits the offence of buggery is liable on conviction to imprisonment for 25 years. (2) In this section, “buggery” means sexual intercourse per anum by a male person with a male person or by a male person with a female person.

“In layman’s terms, it is against the law under Section 13 (as set out above) to have anal intercourse whether man with man or man with woman, even where the parties are consenting adults acting in private. It is also unlawful by virtue of Section 16 for there to be the exciting or satisfying of sexual desire by engaging in acts short of sexual intercourse but which involve the use of genital organs eg oral sex between consenting adult males as well as between consenting adult females,” Weekes stated.

“It is these specific prohibitions that engaged the attention of the court. The arguments in the case did not touch and concern non-consensual sexual acts or sexual acts involving adults with children.”

Weekes noted that the Law Association of T&T has stated the decision was appealed and the final verdict on the constitutionality of the law is yet to be determined.

“It is important to appreciate, however, that it is not in dispute that the criminalisation of same-sex, consensual sexual relations infringes important constitutional rights. The legal issues to be determined on appeal are whether a law which admittedly violates constitutional rights is nevertheless saved from being struck down by a constitutional provision which protects old colonial laws, and whether the legislature by a special three-fifths majority can override what they know to be a constitutional violation.”

PSC voted on DCP selection with faulty ‘PCA’ info

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It seems as though there was misinformation by Police Service Commission (PSC) members regarding recommendations made by the Police Complaints Authority (PCA) to have disciplinary action taken against a candidate over allegations of serious misconduct.

During yesterday’s sitting of the Special Select Committee to clarify the PSC’s decision in the selection process for Commissioner of Police and Deputy Commissioners, former chairman Dr Maria-Therese Gomes said based on the notion that the case against the candidate was closed, they voted against taking disciplinary action against the officer and also on whether or not the candidate should be debarred from participating as a candidate for the Deputy Commissioner of Police selection process.

As part of the selection process, security vetting is required and the PSC wrote to the PCA for relevant information. The PCA supplied one file on one candidate regarding a 2011 claim of misbehaviour.

Gomes said based on the file received about the candidate, the PSC sought to get additional information from the candidate and had written to him, which she said he “categorically denied.”

Gomes did say that among the documents received in the file was a document stating the matter was closed.

However, PCA sources yesterday confirmed to the T&T Guardian that the matter was not closed and that only a recommendation of closure was made by an attorney in a document dated July 3, 2013. The PCA source said it was an internal memo containing the legal opinion from a junior attorney. The source added that the matter was only closed late last year when recommendations were given to the PSC to have disciplinary action initiated against the candidate. It was on this premise that the PSC voted in favour not to have disciplinary actions against the candidate.

“We took a decision and it was 3-1 that we were not going to take disciplinary action and we would give the candidate 24 hours to produce some more information. When the candidate produced the information, we then looked at that information to come to another decision to take a vote,” Gomes said.

She explained that there was another vote where she took the casting vote on whether or not the PSC should investigate further regarding the same allegations levelled against the said candidate. The PSC voted against a further investigation.

Committee member Randall Mitchell asked at this point if the PSC “applied a lot of weight to an internal correspondence on the PCA’s file with evidence and a recommendation and if the PSC didn’t find that it was not worth pursuing.”

Asked by committee chairman Fitzgerald Hinds if that was the usual process in terms of investigating recommendations from the PCA, Gomes replied: “In my tenure, we never investigated anyone…we can call in someone on enquiry to ask but we don’t have an investigator.”

Hinds then asked Gomes if by the PSC calling on the candidate to answer to the allegations it could be deemed be an investigation, Gomes replied: “Yes...you can consider that an investigation.”

Contacted for comment following yesterday session, PCA head David West said he was willing to go before the special committee again if the need arose.

“We are willing to go back before the committee to clear up any ambiguities that arose out of today’s (yesterday’s) hearing.”


AG to refile matter

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The Government has suffered a setback in its prosecution of a corruption lawsuit against former Housing Development Corporation (HDC) officials, two State officials and two private companies over a $175 million land deal.

High Court Judge Eleanor Donaldson-Honeywell yesterday upheld an application by the 10 defendants in the case to set aside the lawsuit, based on the procedure used by the Office of the Attorney General in filing it two years ago.

Their legal victory was short-lived, however, as the AG’s Office announced by evening that it would be moving to refile the case.

The defendants are former HDC officials Jearlean John (managing director), Henckle Lall (chairman), Graig Davis (deputy chairman), former Commissioner of Valuations Ronald Heeralal and his co-worker Everil Ross.

Project manager Peter Forde and his company Project Specialist Limited were also listed as defendants along with Point Lisas Park Limited and its owners Anthony Sampath and Patrick Soo Ting, who sold the land to the HDC.

In her decision, Donaldson-Honeywell agreed that the group had been prejudiced by the AG’s Office decision to file the lawsuit under a “seal of secrecy” in November 2016 and to seek two successive extensions of time in which to serve the lawsuit on them. It was eventually served in July last year.

The State’s decision was largely based on the fact that its investigation into the alleged corruption was ongoing at the time and the case had to be filed within the four-year limitation period for civil lawsuits.

“The claimants did file the claim before they were ready to do so in order to beat the limitation deadline, but chose not to serve the claim and keep it secret. I see this as a risky strategic decision,” Donaldson-Honeywell said.

While she noted the State’s conduct was not a deliberate abuse of process, she said: “These strategic decisions or inadvertence by the claimants put the defendants on unequal footing.”

Donaldson-Honeywell suggested that refiling of the case would be appropriate, as it would give both sides “more precise focus” in the claim.

Once refiled the AG’s Office will have to convince the court why the limitation period should be waived, as in other cases in which corrupt activities are only discovered after a change of regime.

The lawsuit centers around the HDC’s purchase of 20 hectares of land at Calcutta Settlement Road No 2 in Freeport, known as Eden Gardens, in 2012. While the private company valued the land at $52 million, Herralal later said this was “grossly undervalued” as his office estimated it at $180 million.

In the lawsuit, the Government is alleging that the group was part of a conspiracy to bribe State officials to overvalue the land and benefit from the proceeds.

In an interview with CNC3 yesterday, John said she was pleased by Donaldson-Honeywell’s decision as she and her attorney had been advocating against the case since it was first filed.

“The HDC, at the time, had conducted itself properly in the transaction. If you look at what the PNM placed before the civil court, it really was a cut and paste piece of nonsense,” John said.

John again defended her position as she pointed out the price paid for the land was fair market value.

“It was developed land with roadways, pavement, electrical and plumbing infrastructure. The PNM twisted it in such a way to tarnish me and the HDC during that period,” she said.

She noted that both a Joint Select Committee of Parliament (JSC) and the Integrity Commission had previously cleared her and the officials of any wrongdoing in the deal.

But Minister in the Ministry of the Attorney General and Legal Affairs Stuart Young maintained the Government’s position.

In a press release announcing its plans to refile of the case, Young said: “The strength of the substantive case is unaffected: The AG and the HDC remain confident of success. By obtaining the judge’s order the defendants have succeeded only in delaying the final outcome of the litigation.”

Young said because of the delay caused by the application, the State would press for the speediest procedure possible and seek an early hearing once it is refiled.

Point Lisas Park Limited, Sampath and Soo Ting were represented by Fyard Hosein, SC, Sasha Bridgemohansingh and Rishi Dass, while Gerald Ramdeen represented John. David Phillips, QC, and Anthony Bullock represented the State.

Man jailed for receiving stolen loot

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A 27-year-old man who pawned eight rings which were stolen during a jewelry store heist in San Fernando has been jailed for 24 months.

Dwayne Stoute, of St Clements Village, San Fernando, pleaded guilty to receiving the stolen jewelry and possession of a firearm and ammunition when he appeared before San Fernando magistrate Alicia Chankar.

Stoute was arrested last week Wednesday by PC Isaac of the Princes Town CID and other officers in Cocoyea Village, San Fernando.

Isaac searched him and found a pistol loaded with six rounds of ammunition stuck in his pants waist.

The police also found tickets for a pawn store in Port-of-Spain. Following his arrest, PC Crawford and other officers took the tickets to the pawn store where they recovered the gold and diamond rings valued at $24,500. The rings were among a quantity of jewelry stolen from RT Jewellers at High Street, San Fernando, during a robbery on March 13.

The robbery was caught on video. Crawford charged him with receiving stolen goods while Isaac preferred the firearm and ammunition possession charges.

Stoute was sentenced to 12 months each on those charges, but the sentences were ordered to run concurrently.

Stoute was also charged with receiving a stolen$46,000 gold chain arising from another incident and robbery with aggravation which took place on March 3 at Hill Top Bar, Vistabella. Corporal Mohammed and PC Matloo charged in those offences. He pleaded not guilty and was denied bail. Those matters were adjourned to May 14.

Sat, Dottin to LGBTQI community: Stay calm

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Two religious leaders are urging calm in the country following Justice Devindra Rampersad’s ruling last week in which he declared two clauses of the buggery legislation unconstitutional.

Secretary general of the Sanatan Dharma Maha Sabha Satnarayn Maharaj believes it is time to “reduce the temperature.”

He is of the view that the knee jerk reaction, which resulted in people losing their jobs and being evicted, was the result of what he saw as the LGBTQI community “overplaying their hand and this is the backlash. The silent majority is now responding to that kind of wild aggression that you saw on the steps of the Hall of Justice.”

In an interview yesterday, Maharaj made it clear he does not “support violence, but this is a matter that is a moral and religious matter and should be treated as such.”

He urged members of the LGBTQI community to “calm themselves down, the temperature should be brought down, the boastfulness of winning must give way to more sense.”

Maharaj said there are people who are of the LGBTQI sexual orientation who work in his organisations “and I have nothing to do with their sexual affairs, it has nothing to do with me,” he said.

Seventh Day Adventist Pastor Clive Dottin also “cautioned folks to be careful of premature rejoicing.”

He also urged calm. “Both sides should have respect for each other because ultimately God is the Judge, we need to have respect for each other. There is no need for violence and hatred to come into the debate.

Dottin urged an end to evictions of members of the LGBTQI community saying “it is unfair to evict people just because they were outside the court. You are judging people without knowing.”

He said, “We should not render individuals homeless, they have a right to a home, they have a right to a job and access to educational facilities like everybody else. Follow the example of Christ, we must have the doors open, we must relate to them and we must practice unconditional love.

Dottin said Members of the LGBTQI community must also be a little more circumspect, “if I am renting property to someone with that type of lifestyle I may have a problem with that, so if a landlord has standards that must be observed.”

Dottin said people must be free “to agree to disagree” but at the end of it all “we must apply the grace of Christ to everyone, we must express our conviction with respect and decency and we must courageously stand for what we believe is right.

Dottin said there is “absolutely no reason for hatred, revenge or malice we are already in such a violent society and we must understand the culture in which we are operating and not push the button. It will not benefit any of us.”

What religious community says impact on us

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Members of the lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI) community are again appealing to the religious community to understand how what they say impacts how people react to the group. This in the face of hate mail and evictions of people associated with the group.

Cherisse Berkeley was shoved, spat on and cursed last week Thursday following Justice Devindra Rampersad’s ruling.

After the court’s ruling some members of the community said they have lost their jobs and have been evicted from their homes.

Those affected are receiving counselling and have been relocated to temporary shelter..

Berkely said one young man, who was put out of his home, was allowed to go back following the public pronouncements of Roman Catholic Archbishop Jason Gordon on the issue.

This, she said, was an indication of the power of the word of religious leaders, “for the Archbishop to say two lines and for parents to be totally different to how they were before that should show religious leaders how much weight what they say carry.”

Berkely said it was work which her mother did with her “on anger management and stress management,” that worked in her favour when the incident happened outside the Hall of Justice. “I will call it divine intervention and I must thank my mom,” she said.

Paula Lindo, another LGBT activist, said many members of the community get familial support, but there are instances where families don’t support people who are of a different sexual orientation.

She was concerned that a “lot of rancour had been created because of what the evangelical preachers did, but because of what the Archbishop said people have a more reasonable view.”

The Coalition Advocating for Inclusion of Sexual Orientation (CAISO) is now compiling data and will be taking their complaints to the Equal Opportunity Commission (EOC) for the protection of the members of the community.

 

PanTrinbago coup

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A decision by a large group of PanTrinbago members to remove the organisation’s central executive is now set to be the subject of a legal challenge.

During a special meeting at the CWU Hall in Port-of-Spain on Tuesday evening, 130 members reportedly voted to remove the executive and establish a caretaker committee to oversee the organisation until elections can be held later this year. Only one member reportedly dissented.

The central executive consists of president Keith Diaz, secretary Richard Forteau, treasurer Andrew Salvador, PRO Michael Joseph, external relations officer Darren Sheppard and trustees Allan Augustus and Trevor Reid.

The committee will comprise two representatives from each of the organisation’s four regional zones, with two other members being selected by it. The members also voted to allow Diaz and Salvador to join the transitional team.

Speaking on behalf of the steelbands who were at the meeting yesterday, PanTrinbago Northern Region chairman Gerard Mendez, also confirmed the committee was mandated to work on amending the organisation’s constitution in order to bring up to date for the executive election, which was originally carded for October.

In a telephone interview yesterday evening, however, Forteau strongly objected to the action and said his attorneys were currently working on a lawsuit to challenge it.

“It is a power grab. I am not about that. We are here to protect the constitution of the organisation, not to prop up an individual,” Forteau, who did not attend the meeting, said.

Forteau claimed that Diaz’s decision to call the meeting and one before it on March 27 was in breach of the organisation’s constitution, as such decisions fell under his (Forteau’s) remit.

“The president can call a meeting, but it must be done through the secretary of the organisation. The constitution is clear,” Forteau said.

He also questioned whether the result of Tuesday’s vote was valid as there were 131 votes cast but only 91 steelbands represented. While each band is represented by two representatives, they are only allowed one vote, he said.

“If you have 91 bands, then you have should have 91 votes,” Forteau said.

Forteau also questioned a petition for Tuesday’s meeting that was allegedly signed by 60 per cent of the membership and sent after the first meeting called by Diaz last month.

Stating that PanTrinbago has 295 members, Forteau said: “When they brought the petition, I would have written the person who requisitioned it informing him that they did not meet the threshold.”

He also claimed some of the signatures on the petition were duplicated.

Forteau suggested that the vote was moved to deflect the real issues affecting the organisation.

“We are concerned with paying our member steelbands. The small, medium and large bands that participated in Panorama are still to receive their prize money. The pannists are yet to receive their $500 which we promised them for participating,” Forteau said.

He claimed the National Carnival Commission (NCC) is holding $9 million in Government subvention for the organisation, which requires almost $16.5 million to cover prizes and pannist fees.

Asked what he felt was the catalyst for the move to dissolve the executive, Forteau claimed it stemmed from a decision to allow the National Lotteries Control Board (NLCB) to sell tickets for its events this Carnival, as opposed to a private company that would usually get the contract.

NLCB was selected by the NCC to sell the tickets last year, after a decision was taken by Government to not allow PanTrinbago to collect the gate receipts of the Panorama competition due to allegations of long-standing financial impropriety within the organisation.

The decision was challenged in a lawsuit which was determined in PanTrinbago’s favour in December last year.

Efforts to contact, Diaz yesterday were unsuccessful as calls to his cellphone went unanswered.

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