An internal audit into the operations at the National Insurance Board (NIB) has uncovered a scam involving the payout of close to $3 million in maternity benefits.

Four workers from the Insurance Operations Department at NIB offices in north Trinidad have been sent home with full pay pending the outcome of the investigations.

According to a source at the NIB, who agreed to speak on condition of anonymity, in mid last year, a woman visited the office of the executive director Niala Persad-Poliah, situated at NIB’s head office at Queen's Park East, Port-of-Spain, and reported that she discovered approximately $30,000 in her bank account. The woman in her report stated that upon an inquiry with her bank on the origin of the hefty sum of money, she was told that it was her maternity benefit that was paid by the NIB.

However, the woman said she was never pregnant and therefore never applied for such benefit.

On the heels of her report, an internal auditor was mandated to carry out an audit of maternity benefit payments after it was brought to the attention of the audit committee of the Board and to the Board of Directors.

Almost one year later "no action has been taken," according to NIB sources.

Employees claimed that one executive member is being "wrongly targeted" while those who are allegedly part of the scam "remain on the job." Employees are now calling on Persad-Poliah “to give the public answers.”

In an immediate response, Persad-Poliah told the Sunday Guardian that whilst this was an ongoing investigation and the NIB could not directly comment, "the NIB takes a zero-tolerance approach to fraud."

She said NIB has a robust Fraud Control Framework and "all allegations are thoroughly investigated utilising best practice methods, experience and expertise; a combination of well-trained in-house investigators, external consultants and the T&T Police Service Fraud Squad."

Persad-Poliah said she was "unaware of such an allegation" that an executive member was being targeted. She said the NIB has an efficient and effective grievance policy that "provides employees with a mechanism to expeditiously resolve issues of concern."

The maternity scam is said to be just one of other scams that have been allegedly discovered at NIB.

Last year, in the corporate communications department it was discovered that rooms were being "illegally" rented out for private functions, including weddings.

A member of the public who had paid money to host a wedding at a room at NIB’s head office reported the "illegal rental arrangement" to the office of the executive director.

"A worker resigned in the midst of this fiasco," the NIB source said.

That worker, the source added, was also fingered in another scam. It was discovered that the worker was allegedly caught tampering and inflating bids submitted for the purchase of hot cross buns to ensure a family member received the baking contract.

"The billion-dollar enterprises usually give staff complementary hot cross buns in celebration of Easter. The distribution of the sweet delicacy is in keeping with NIB decision to show respect of all religious holidays. Snacks are also distributed to staff during Divali, Eid, and Christmas," the source said.

With respect to that particular worker, Persad-Poliah confirmed that the individual is no longer with the NIB.

"Employee misconduct is subject to investigation and disciplinary process…This was an isolated incident," she said.

"Procurement is governed by a comprehensive policy with a robust checks and balances system which protects against conflict of interest. Breaches of this policy are subject to stringent disciplinary and or auditing processes."

There were also allegations that contracts were being distributed without proper procedures being followed. Sources said it was discovered that quotes were being received from ghost contractors and it was expected that quotations were to be received from three establishments.

Persad-Poliah denied any knowledge of this, but used the opportunity to reiterate NIB’s take on its procurement policy, "It is governed by a comprehensive policy with robust and rigorous tendering procedures for all procurement with various levels of oversight and controls aimed at preventing unfair or fraudulent procurement practices."

ABOUT THE NIS

•This country’s national insurance system was introduced in April 1972.

•The system is financed by contributions from employers and employees and is designed to cover employees against events of age, invalidity, death, sickness, maternity, occupational accidents, and injury.

•The number of contributors to the system in 2016 was estimated at over 516,000 people, representing 80 per cent of this country’s labour force.

•The NIS pension is currently $3,000 and there are currently 155,000 beneficiaries, including survivors.

More info

Last year, on May 28, in a Sunday Guardian article, Persad-Poliah appealed to citizens not to panic as she tried to allay fears following revelations, back then, that if changes are not made to this country’s national insurance system, funds will be completely depleted by 2030.

The Ninth Actuarial Review of the National Insurance System was published in June 2015.

It covered the three-year period up to June 30, 2013, and presented a projection of the financial situation of this country’s national insurance system for the next 50 years.

The actuarial reviews warned that from 2019-2020, assets will rapidly decrease and the NIS funds will be completely depleted in 2029-2030 if nothing is modified in terms of contributions or benefits.

The actuaries warned that urgent action is required to update the system and ensure it is relevant to the income security needs of the country.

They projected that the number of people at pensionable age in the country will grow to over 400,000 by 2063, up from the current figure of 200,000.

To address these issues among the recommendations made in the review is that the country’s retirement age be increased to 65 and an increase in the contributions made by citizens.

The three short-term changes recommended by the actuaries are an increase of the maximum insurable earnings (MIE) which is the band of income of an insured person that is currently insured from $12,000 to $13,600, an increase in the contribution rate from 12 per cent to 13.2 per cent (in September 2016), and a freeze in the $3,000 minimum pension. There is expected to be another increase in the contribution rate soon.

Former social development minister Dr Glenn Ramadharsingh says the State must intervene and ensure that the 15-year-old boy who allegedly chopped his mother gets help. The boy's father, according to National Security Minister Edmund Dillon, has rejected counselling offered by the Children's Authority (CA) for his son. Dillon in Parliament on Friday said the CA reached out to the boy's father, but the father said he will "call" the CA, since the family "wasn't ready" to talk to anyone.

Asked if the Authority could force the boy and his family to submit to counselling, Ramadharsingh via Whatsapp said "The Children's Authority can intervene as I understood it." He said CA has "wide powers and authority" for these situations. (The Authority) can provide the mother with psycho social support and the young man guidance and direction for a life that can be a new one based on counselling, support, and dedication to living a life that will help him move on from a regrettable and unfortunate act already done and move on to a positive life."

Clinical psychologist Dr Katija Khan said she did not know the intricacies of the situation, but recommended that the teenager and the family seek psychological help. Through counselling, she said, any other type of care the teenager and his family may be in need of could be assessed. Khan did not want to speculate but believed the issue was more complex than the teenager acting out simply because his mother took away his cellphone or scolded him about his school work. "Usually there is a combination of factors," Khan said.

Yesterday, the teenager's aunt told Sunday Guardian she does not know where her nephew is or with whom he is staying. "He not staying there (at their Waterloo home). His father not saying (where he is)," said the aunt. Asked the condition of the boy's mother, she said she did not know because no one was being allowed to visit her at the San Fernando General Hospital. The father was not at his Butler Village home when Sunday Guardian visited.

Couva North MP Ramona Ramdial said she tried through her office to contact the father, but she was unsuccessful. However, she said her office was ready to lend support to the family whenever they are ready. She was hopeful that the family will do the right thing and seek counselling privately if they do not want to accept help through the State.

The boy allegedly chopped his mother, almost severing her hand, on April 19 at their home. However, the teenager was released from police custody last Wednesday without being charged due to the lack of evidence. The teenager's mother has not given the police a statement and is unwilling to press charges against her son, police said. Attempts to reach CA's chairman Haniff Benjamin on his cellphone were unsuccessful.

Minister of Works and Transport Rohan Sinanan say he feels vindicated after he successfully defended himself against Oropouche East MP Dr Roodal Moonilal's claims that he (Sinanan) acted “improperly and unethically” by travelling from Miami to Piarco International Airport with a radar system for the T&T Spirit during Friday's sitting of Parliament, where a motion of no-confidence was brought against him.

Speaking to the Sunday Guardian yesterday, Sinanan said “Of course I feel vindicated. I don't know what Dr Moonilal was trying to insinuate or the impression he wanted to create.

“I was on my way from Los Angeles passing through Miami. I saw PATT (Port Authority of T&T) was having this major problem in getting this part to Trinidad.

“I contacted the board, they indicated to me what it was and I told them rather than they having to pay the passage for someone to come up, return and collect it, I could do it."

He said the port would have contacted Customs and supplied the necessary information and he would bring the part as they wanted to get the ship running for Easter.

Sinanan said the T&T Spirit was operational by all indications and it was now making the inter-island trip within three hours.

Galleon Passage in Mexico

When asked about the Galleons Passage location, he said he cannot give an update, but according to the Marine Traffic site, the Galleons Passage was at anchor in Acapulco, Mexico, yesterday.

Two alleged robbers are dead while another remains at large following a failed robbery attempt in Petit Valley on Friday.

According to police reports, the incident took place around 11:30 pm when three men with bandanas over their faces allegedly stormed the premises of Johnny's Tyre Service on Morne Coco Road in Petit Valley and announced a hold up.

The proprietor only identified as “Johnny” and three other employees were on the compound at the time.

Johnny was ordered into a back room with two of his attackers when a scuffle ensued.

He was able to wrest a firearm from one of the men and proceeded to open fire.

One robber was killed on the spot while the other died just outside the compound.

The third assailant managed to escape. Residents said Johnny had often fallen victim to robberies and had recently installed security cameras in an effort to secure the compound, but to no avail.

Following the incident, Johnny collapsed and is warded at hospital. Insp Thompson from the Four Roads Police Station is continuing investigations.

Dr Richard Ramoutar, a national security, terrorism, transnational organized crimes and immigration specialist wants Prime Minister Dr Keith Rowley to answer whether there was any collusion between the governments of T&T and Venezuela in the repatriation of 82 Venezuelan nationals.

He is also questioning if there was any breech of the Protection under International Refugee Law.

Ramoutar said “Naturally, given the forced migration and humanitarian crisis in Venezuela, the collapse of governance, “there has been an influx of Venezuelans to our shores both legally and illegally.

“Amongst these genuine Venezuelans who need protection, are those who have become smuggled migrants, trafficked migrants, economic migrants, and criminals and cartel leaders of the illegal drugs, guns and ammunition trade.

“The dire economic situation and poverty have escalated to alarming and unprecedented levels in that country.”

He said as Rowley sought to have new information on the Darryl Smith case, he should perhaps have had first in his possession a clinical and incisive report of the legal procedures adopted, administrative due process mechanisms followed, and ensuring that those amongst the 82 Venezuelans repatriated who sought refugee protection were granted the full access to the provisions outlined, were in accordance with international refugee law and that the country’s international obligations would have been fulfilled.

Ramoutar said that was the significant issue underpinning all the media frenzy and cross talk.

He said instead of maintaining a composed stature as a statesman and leading politician in the Caribbean, Rowley, fresh from the meeting of the Commonwealth Heads of Government, adopted a bold defiant stance and retaliated with strong disconcerting statements towards members of the United Nations High Commission for Refugees.

The Prime Minister was reported to have said “This country will not allow the United Nations (UN) or any other international body to convert it into a refugee camp.”

Rowley will also write a letter of complaint to the UN about its local representatives, whom he said had misrepresented the facts pertaining to the deportation of 82 Venezuelan nationals last Saturday.

The UN High Commission on Refugees alleged in media releases last Sunday and Tuesday, that among the group deported were asylum seekers who had registered and received their certificates from the UN and so should not have been allowed to leave without having their circumstances verified by the agency.

‘No immigration policy under Rowley administration’

Ramoutar, a former adviser to government ministries, also asked what about the fact that under Rowley’s administration there had been no immigration policy, and his government was fully cognizant of all that was occurring on our national landscape as a result of the escalation of the Venezuelan humanitarian crisis and the authoritarian government of Nicolas Maduro. Current efforts were being made to have Maduro placed on trial for corruption.

‘IDC needs complete overhaul’

There needed to be a clarification of the types of foreign nationals who have been held in detention at the Immigration Detention Centre (IDC) for years.

He said the facility was generally designed as a temporary holding centre for illegal migrants who had violated the nation’s immigration laws, however, the IDC with time had morphed into another centre that needed a complete overhaul, new vision and management expertise in that particular area that conformed to all people detained under international law.

Ramoutar said because of the good police work across the country and the irreversible influx of Venezuelan nationals entering illegally, the problems at IDC will continue.

He said there was a procedure to remove all detained foreign nationals called a special inquiry (SI) process that was at best flawed, and the Government needed to have a critical insight as to what was happening there.

Ramoutar said the process was like “a kangaroo court.”

• Next week, T&T’s
international obligations

An extreme marriage proposal took place in the food court of Trincity mall on Friday, as a man enlisted the services of two uniformed police officers to surprise his girlfriend with an engagement ring.

Video footage of the wedding proposal went viral on Facebook with over 149,000 views yesterday.

The video began with two police officers approaching a man seated in the packed Trincity Mall food court.

At first impression the video, which is just under four minutes long, seems like the type of video we have grown somewhat accustomed to that ends with claims of police brutality.

However, this video had a heart-warming plot twist.

The surprise ending left one of the main characters in the video unable to catch her breath for a bit.

The protagonist of this video was Andre Johnson.

As the police officers attempt to arrest Johnson he raises his voice in protest saying he has done nothing wrong.

He struggled with the officers.

Johnson was handcuffed while they fished a package out of his pocket.

He accused the police of planting the item on him and then claimed that it actually belonged to his girlfriend, Ousha Boodan, who looked on nervously.

At that point, the officers took the handcuffs off Johnson and hand him the package.

He opens it and revealed that it is in fact a jewelry box with a ring inside.

Johnson then got down on his knee and proposed.

After eventually catching her self, Boodan said yes.

The only thing he stole was her heart.

Speaking to CNC3 last night, Boodan said “I literally don’t know where my heart went. I was like what is happening, I was in total shock.”

Boodan said it took her two hours after the unorthodox proposal to eventually look at her engagement ring.

Johnson said he bought the ring instead of spending money to go on a trip to Las Vegas.

The proposal took place on Boodan’s birthday.

The couple have been together for two years.

Johnson works at the Ministry of National Security and was able to get the officers on board with the plan after speaking with some friends.

George’s eyes were red with tears as he recalled kissing and bidding his wife and two children goodbye seven months ago as he left for Trinidad in search of work so that he could earn money to send back home to his family.

Sitting in the Trinidad Guardian’s South office, George, 38, through the aid of a translator, said that life was comfortable three years ago when he worked as a technician in Venezuela’s thriving oil industry.

It afforded him a comfortable home in urban Maturin and allowed his children, ages 16 and 15, private school education.

When the depression began to take its toll in Venezuela, his children were transferred to a public school. Venezuelans have been flocking to Trinidad, Colombia, Guyana, Brazil, Ecuador, Chile, and Argentina to find jobs and send money and much needed supplies back home.

Fearing victimisation or arrest, George requested that his full name not be used. However, he said it was a story that he wanted to tell.

A week ago, following an agreement with the T&T and Venezuelan governments, 82 Venezuelans were deported. On the instructions of President Nicholas Maduro, a Venezuelan military aircraft landed at Piarco on April 21 and took them back to their homeland.

George recalled that it was early on a Monday morning in September 2017 when he had his last breakfast with his family. It was a sad farewell, as he departed on a three-and-a-half-hour taxi trip from Maturin to Tucupita. After spending the night in a hotel, he boarded a vessel along the Orinoco River on a terrifying four-hour long trip to Cedros.

“I was frightened by the large waves that caused the boat to bounce up and down in the water,” George said.

“I thought the boat would have turned over and we would have drowned. I was also afraid that pirates would attack us. Once I set foot in Trinidad, it felt good to be in the country.”

Despite T&T’s own economic instability resulting in increasing unemployment and slow economic growth, to Venezuelans, the T&T currency was like gold.

Last week, the exchange rate was TT$1 to 7,328 bolivares but on the black market, TT $1 could fetch as much as $33,500 bolivares.

George said most of the companies in Maturin had closed down and for those Venezuelans who still had jobs, the average monthly salary was approximately 1,310,000 bolivares, the equivalent of $178 (TT) or US$26.50.

He said in May 2017, he came to Trinidad but was sent back by the Immigration Department because he did not have enough money and the person who wrote a letter of invitation for him to enter the country was not present during his arrival.

In September, he returned with $2,000 (TT) and had a place to stay with his brother-in-law who was already here.

George, a university graduate, no longer familiar with the trappings of comfort, suffers a fate similar to many Venezuelans illegally working in T&T—that of exploitation. George is in Trinidad legally and while he admits that many of his countrymen are here illegally, he claimed “they’re only seeking a better life.”

Acknowledging that there were some who engaged in crime, he said the majority of Venezuelans visited Trinidad for an opportunity to work so they could buy food.

Goerge explained that while many people may scoff at his illegal work status, he was just doing what he had to in order to send money back to Maturin so that his children could go to school and his wife could feed the family.

He said like many Venezuelans he met in Trinidad, he worked for up to 16 hours a day doing laborious construction work for small wages while locals doing the same job or less were paid appropriately.

He described the disparity in wages as an injustice, saying that the only difference affecting the pay grade was their nationality.

George said: “When I came to Trinidad back in September, I went to stay at a place in Debe where my brother-in-law was already staying and working. It was not difficult to get a job because I began working and staying in the same place. I started off working for $200 a day, from seven in the morning to 11 in the night or later.

“I worked there for two months before I moved to San Fernando with another Venezuelan and we rented an apartment.”

Apart from construction work, which they were hired to do, they are forced to do whatever odds and ends “the bossman” wants them to do such as being a watchman for their homes or businesses, sweeping and washing vehicles.

“I was fed up with the exploitation and wanted better. I started to get work for two and three days a week. We Venezuelans know that we are being paid less than locals for the same jobs, but we need the money so we work,” George said.

‘Feeling safer in Trinidad’

George said many Venezuelans associated with Trinidadians asked them to send the money to their families.

However, he said he preferred to use the direct wireless service available at the banks in Trinidad and Venezuela. Once the money was received, his wife would take up the struggle of finding food as most of the supermarkets were empty.

“There are a lot of contraband food like spaghetti, rice, butter, milk, and corn flour but they’re very expensive,” George said. “The bolivares has no value so it’s only the rich surviving. If you go to the supermarkets, you would see plenty people waiting outside for the workers to throw out the garbage. You would see people eating from the garbage just to get a meal for the day.”

Since coming to Trinidad, George had applied to the United Nations High Commissioner for refugee status which would allow him to live in Trinidad in light of the social, economic, and political turmoil in Venezuela brought on by the severe decline in oil and gas revenues.

He hopes that once his status is ratified, he can bring his family to live in Trinidad. As he spoke about his family, George smiled as he reminisced about the good days, but that soon faded since he does not know when he would see them again. He contends with the weekly phone calls that motivate him to continue working.

George said he felt safer in Trinidad as he can walk through the streets at night while speaking on the phone. Attempting to the do the same in Venezuela could result in robbery, assault, and even death.

Between 150-200 Venezuelans are arriving by sea on a weekly basis, Immigration authorities have said.

CONTRACTOR: ILLS OF AN UNREGULATED INDUSTRY

Former president of the Contractors Association Chris Garcia said that wages for labourers, masons, and carpenters vary based on location, length of work, and skills.

Garcia said the average pay for a mason or carpenter in an eight-hour day was between $350-400 while a skilled labourer would get up to $250-$300.

He said he could not think of a construction job with a work day of 16 hours done by any members of his association.

However, he said there were illegitimate construction companies who would hire immigrants and take advantage.

He said this was one of the problems of an unregulated construction industry.

Section 10 of the Immigration Act

Section 10 of the Immigration Act states that no person other than a citizen, a resident or person entering T&T to engage in gainful occupation for one period not exceeding 30 days in every 12 consecutive months, shall engage in any profession, trade or occupation whether for gain or not in T&T or be employed in T&T unless he or she has a valid work permit.

The South West Regional Health Authority (SWRHA) is investigating an apparent breach of patient confidentiality after photos of a woman who was allegedly chopped by her 15-year-old son were posted on social media.

Graphic photos of the woman’s injuries, including a severed hand and gaping wounds to her head, face and shoulder, were being widely circulated on Facebook and WhatsApp throughout the weekend. They appeared to show a badly injured woman on a hospital bed or stretcher.

In a statement, the SWRHA said it was concerned that pictures were being circulated of the woman, who is warded at the San Fernando General Hospital.

“The SWRHA is guided by the Patient Charter of Rights and Obligations and recognises our first and foremost duty is to our patients. This includes protecting patients’ privacy and guaranteeing the confidentiality of our medical care.

“The SWRHA has since launched an investigation in order to ascertain the details surrounding the release of these images and will treat with the matter appropriately,” the statement said.

Concern was also expressed about another photo posted on social media connected to the incident. Yesterday, the Children’s Authority appealed to the public to refrain from “sharing via social media and other platforms, the identity of a child, who was released without charges for allegedly chopping his mother.”

The agency said: “As an advocate for the rights of all children, the Authority’s overall objective is to provide care and protection for children regardless of their circumstances.

“The Authority notes that in recent times the identities of children, who come to its attention, have been shared via social media. However, these actions can create further trauma to the children and their families involved, thereby making rehabilitation difficult.

“As a result, the Authority is calling on the public to remove all images of the child and his family from their social media accounts.”

Doctors were able to reattach the woman’s hand after ten hours of surgery, but she remains warded.

She was allegedly attacked and chopped on April 19 after she took away her son’s cellphone and scolded him about his school work.

After a week in police custody, the teenager, a student at a prestigious secondary school in Chaguanas, was released because of lack of evidence. His mother has not given the police a statement and is unwilling to press charges.

The Children’s Authority has offered counselling to the teenager, but National Security Minister Edmund Dillon said in Parliament on Friday that the family is not ready to talk to anyone.

Investigations into the incident are continuing.

Reggae artiste Gardah Knight denounced homosexuality, quoting scriptures from the Bible to make his point, during his performance at the Tobago Jazz Experience in Speyside on Saturday night.

Knight, 40, whose real name is Christopher Joseph, was performing before a large crowd in his hometown when he paused, pulled out a Bible and read a verse from Leviticus which he said condemned same sex relationships. In a backstage interview after the performance, he said he opposed moves to legalise homosexuality.

“The message that I was sending across to the nation, I would say to Trinidad and Tobago that this gay thing they want to legalize, I don’t want it to happen. Me say that because that will open up different doors that we do not really want and we do not see it right now but that is where it go head,” he said.

Warning that the country could face consequences if same sex relationships are legalised, Knight said: “If you open up the doors to these things you let in negativity.”

A message of a different kind was delivered by Freetown Collective during their performance of Normal featuring vocalists Muhammed Muwakil and Lou Lyons.

The song was about crime and violence in the country and society’s acceptance of deviant behaviour as normal.

The show started just before sunset on Saturday with welcome remarks by George Leacock, head of the Tobago Festivals Committee and opening remarks by Nadine Stewart-Phillips, Secretary of Tourism,

Culture and Transportation in the Tobago House of Assembly (THA).

Stewart-Phillips said the Tobago Jazz Experience was a chance for visitors and residents to be immersed in the authenticity of Tobago’s music, culture and cuisine.

“Ten years ago, the THA embarked on a historic journey to establish a flagship festival for the island and from Plymouth to Pigeon Point, Signal Hill to Speyside, the Tobago Jazz Experience has seen many transformations over the years.

“But one thing that remains constant, ladies and gentlemen, is that destination Tobago has proven to be the perfect location to serve up music, vibes and entertainment with a side of beautiful beaches and lush landscape, topped off with our signature Tobagonian warmth and hospitality,” she said.

The high point of the evening was when featured act Taurrus Riley arrived on stage and delivered several hits.

In an attempt to pre-empt a planned shutdown by maxi taxi operators contracted by the Public Transport Service Corporation (PTSC), Education Minister Anthony yesterday said every effort is being made to ensure they are paid by the end of the week.

He said the Ministry is not to blame for the late payment since invoices for the drivers were only submitted by the PTSC on April 20. However there are claims that the delay was due to the PTSC being asked by the Ministry to verify the drivers’ claims.

Garcia said the ministry wanted to ensure claims made are in accordance with the work done. This includes checking that the number of trips made and the number of students transported are in accordance with the claims that have been made, he explained.

“We are doing everything in our power to ensure that we have quick payments,” he said.

Garcia said after finding a $1.7 million discrepancy in payments for October, November and December 2017, the Ministry is taking no chances

“We are carefully scrutinising the invoices that we received for payment,” he said, adding that the PTSC has reimbursed to the Ministry $1.7 million in over-invoicing and is working “assiduously” on submitting invoices for February and March.

President of the Maxi Taxi Concessionaires Association Rodney Ramlogan said it was the first time in 28 years the drivers were experiencing such hardship to get paid.

A High Court judge has stopped the deportation of a Nigerian national who is married to a Trinidadian.

Justice Jacqueline Wilson made the order on Saturday night hours before 37-year-old Onekachi Eke Aka Emmanuel was due to be deported along with a group of illegal immigrants from West Africa.

During the hearing of the emergency injunction, Emmanuel’s lawyers Criston J Williams and Shirvani Ramkissoon argued that his deportation would be unlawful as the Immigration Division took more than four and a half years to act.

They submitted that the Division is not authorised to detain a person for more than six months and in doing so had breached Emmanuel’s right to protection from cruel and inhumane treatment under the

Constitution and several international human rights treaties to which T&T is a signatory.

Emmanuel will remain at the Immigration Detention Centre in Aripo until another judge decides whether he should be set free pending determination of his judicial review claim on Friday.

In the event that his legal challenge fails, the T&T Guardian understands Emmanuel will seek to petition the Inter-American Court of Human Rights, based in San Jose, Costa Rica.

Emmanuel said in the affidavit filed in his case that he came to the country in September 2012 to visit friends and was initially permitted a three week stay. He was subsequently granted three extensions.

Emmanuel claimed he lost his passport while travelling in a taxi in December 2012 and was detained by immigration officials after it was returned a month later. He was allowed to stay for several months under the provision that he would purchase a return ticket to Nigeria to facilitate voluntary deportation.

While on an order of supervision, Emmanuel married his girlfriend Christella La Fortune.

He visited the division a month after his wedding to change his immigration status through his wife’s nationality and claimed that he was told to begin the process he would need to leave Trinidad and re-enter.

In October 2013, he left on a flight to Grenada and returned the same day. However, he was immediately detained by immigration officers, who questioned the validity of his marriage as his wife was not at the airport when he arrived.

He was eventually placed before a special immigration inquiry, at the end of which he was ordered to be deported.

“This causes me extreme distress because I am not a criminal for being unable to afford my ticket back to Nigeria,” Emmanuel said.

He claimed that in the four and a half years he has been at the centre on three occasions, due to overcrowding at that facility, he was taken the Eastern Correctional Rehabilitation Centre in Santa Rosa, which is used for convicted criminals.

He complained about inhumane conditions at both facilities, including poor ventilation, a lack of healthcare and poor quality food.

“The meals are rationed and consists only of carbohydrates which include mashed potatoes, macaroni and cassava. There is no protein for our dietary needs,” Emmanuel said.

In addition to declarations that the division acted illegally, Emmanuel is seeking compensation for his protracted detention.

The T&T Guardian understands that the division has delayed the deportation of West Africans in the past due to the expenses associated with their return. As international aviation policy requires a certain number of escorts per deportee and the division usually waits until they have a large number for deportation to make it cost effective to charter a direct flight.

Culture and Community Development Minister Nyan Gadsby-Dolly is awaiting an audit of the National Commission for Self Help which is currently being carried out by the Investments Division of the Ministry of Finance .

She told the T&T Guardian yesterday that there had been complaints from “persons purporting to be employees” alleging breaches and other concerns at the Commission. She said while some of the letters were either unsigned or the signatures were not clear, the contents were enough to raiase concern that all is not well at the state-run agency.

Gadsby Dolly said the Commission’s Corporate Secretary and Legal Advisor Kendra Thomas Long has put into writing a grievance against chairman Edgar Zephyrine.

Last week, when the officials of the Commission appeared before Parliament’s Public Accounts Committee, Thomas-Long said that several times she had expressed concerns to Zephyrine about antagonism and hostility among senior management. The T&T Guardian has obtained a copy of a document which alleges poor governance and the poor conduct.

Gadsby-Dolly said there have been “many troubling issues” regarding personalities and directors and management.

“Really and truly there are quite a number of issues we can’t deny that have been plaguing the organisation at different levels,” she admitted

The minister added: “I share the concerns of the employees and the country and it is for that reason, given our oversight, we referred it where it should be referred to be able to have a closer look into the organisation and its operations.”

Concerns have also been raised about the firing of CEO Amy Harripaul and the fact that her successor, Elroy Julien, was sent on administrative leave and has been off the job for the past nine months for allegedly spending $150 dollars on lunch for staff without the authorisation of the chairman. Matters involving Harripaul and Julien are now before the court.

Gadsby-Dolly said: “Any circumstance where a CEO is sent on leave is a worrisome circumstance and again it was on the basis of all of the issues, that we had asked for the facts of the matters to be determined, because that is the basis upon which we can make judgements.”

An increase in employees’ National Insurance contribution from 13.2 per cent to 15.6 per cent is among long-term reforms recommended in a 2015 actuarial review, according to National Insurance Board (NIB) Executive Director Niala Persad-Poliah. She said the NIB is working closely with the Ministry of Finance to implement those reforms which amidst concerns that at the current rate national insurance funds could be completely depleted by 2030.

The Ninth Actuarial Review of the National Insurance System, published in June 2015 and covering a three-year period up to June 30, 2013, projected that from 2019-2020 assets will rapidly decrease and funds could be completely depleted by 2029-2030 if contributions or benefits are not modified.

The actuaries said urgent action is needed to update the system and ensure it is relevant to the income security needs of the country. They projected that the number of people of pensionable age will grow to more 400,000 by 2063—up from the current figure of 200,000.

Among the recommendations is an increase in the retirement age to 65, as well as an increase in employee contributions.

Persad-Poliah explained: “The Ninth Actuarial Review made both short-term and long-term recommendations. Two short-term measures, implemented, in 2016, were meant to stymie the impact of the aging population on the sustainability of the fund—an increase in the contribution rate from 12.0 per cent to 13.2 per cent and an increase in the maximum insurable earnings from $12,000 to $13,600.”

She added that gradually increasing the retirement age to 65, while still allowing the option of retiring at 60 with a reduced benefit, will require stakeholder engagement and public consultations.

“The NIB is committed to generating and participating in national discussion on the challenges of the ageing population so that the public understands the reasons for the recommended changes,” she said.

The NIB has embarked on ICT transformation which involves designing, procuring and implementing an end-to-end enterprise-wide solution. Persad-Poliah said this will improve the efficiency and effectiveness of service delivery for internal and external stakeholders.

IMPROVEMENTS AT THE NIB

Recently adopted strategies aimed at enhancing service delivery and customer satisfaction include:

• An arrangement with the Ministry of Legal Affairs to provide information on the death of recipients of the retirement benefit has eliminated the need for claimants to produce life certificates every six months. The exceptions are non-nationals who reside abroad.

• Claimants can request contribution statements online.

• Online access for employers to register their businesses within a day and remit contributions to the NIB on behalf of employees.

• Registration of new employees has been reduced to five days.

• Digitisation of contribution records has improved the turnaround time for processing of claims

• Greater emphasis on ‘pension ready’ activities gives pre-emptive support to claimants who are about to retire

• Acquisition of new hardware and software has improved data access and processes.

WHAT THE ACTUARIES RECOMMEND

• Gradually increase the retirement age to 65 over the period 2025 to 2060

• Increase the contribution rate to 22.8 per cent by 2061

• Introduced a mechanism to automatically adjust minimum pension, he earned pension and the contribution rates.

Although the T&T Electricity Commission (T&TEC) has spent more $60 million in the last five months to improve its service, it is hampered by $225 million in arrears, with business and government entities among the biggest debtors.

Chairman Keith Sirju said hospitals and ministries had not paid their electricity bills for several months and this was affecting T&TEC’s cash flow and its ability to carry out certain operations in a timely manner.

He said T&TEC had implemented a plan to recover the arrears but was mindful of the fact that some of the delinquent institutions were not ones where “you just can go and take off the electricity.”

He explained: “Some of these customers that are owing T&TEC are providing services to the country and to citizens. I don’t want to call the names out in public.”

Public Utilities Minister Robert Le Hunte said T&TEC had been trying to do more with less and in the last six months its board has implemented measures, including increasing in-house work and reducing overtime.

He said the public could help by reducing their electricity usage.

Le Hunte said a 15 per cent reduction in customer consumption would save the country $100 million in three years. This means less gas used to produce electricity which would increase the supply that could be sold internationally at a higher price.

T&TEC has applied to the Regulated Industries Commission for a review of its rates. Le Hunte said the rates citizens paid for electricity was one-sixth of the average paid in other Caribbean countries.

“The whole message is that of conservation. As I said, it is a win-in situation and if people reduce their consumption, they will benefit.

In some cases, based on how people utilise electricity, they might be able to reduce by more than 15 per cent and that is not only for our consumers, even the employers.

“I have spoken about the air conditioning units in buildings, so we all have to work towards exercising or inculcating a culture of conservation. Businesses are leaving units on after working hours,” he said.

On April 12, the High Court delivered judgment in the case of Jason Jones v the Attorney General of T&T.

Jones, an openly gay man and citizen of T&T residing in the United Kingdom, brought proceedings seeking to have sections 13 and 16 of the Sexual Offences Act (the Act) declared unconstitutional to the extent that they criminalise consensual sexual relations between persons of the same sex.

He also claimed these laws infringed his right to respect for his private and family life among other fundamental human rights.

Section 13 of the Act criminalises buggery for which a person is liable on conviction to imprisonment for 25 years. Buggery is defined as “sexual intercourse per anum” (anal sex) between two males or between a man and a woman.

Section 16 of the Act criminalises serious indecency or any act, other than sexual intercourse, by a person involving use of the genitals for the purpose of arousal or sexual gratification. Persons of the same sex could be imprisoned for up to five years on conviction under the section. However consenting adults of the opposite sex and children are exempted from such acts conducted in private.

The issues for the court’s determination were:

(i) Whether sections 13 and 16 of the Act are ‘saved’ law under the Constitution;

(ii) If not saved, whether they violate the claimant’s fundamental rights and are reasonably justifiable in a society that has proper respect for the rights of the individual.

The savings clause

The savings clause in section 6 of the Constitution protects laws which were in existence before the Constitution, and only marginally changed since, from being struck down for breach of fundamental rights.

The court found that the buggery law was not simply re-introduced but was repealed and replaced by sections 13 and 16 of the Sexual Offences Act 1986.

Parliament considered the provisions afresh and the penalty for buggery was substantially increased from 5 to 25 years among other changes. On that basis it was held that sections 13 and 16 of the Act are not saved and are open to challenge.

Not reasonably justifiable

The court found that the sections violated the claimant’s fundamental rights, especially his right to respect for his family and private life, and were not shown to be reasonably justifiable in a society that has a proper respect for the rights and freedoms of the individual.

It noted there seems to be no other purpose for maintaining an unenforced law on the statutes other than as a statement by the State against homosexuality.

Its findings were noted as not a denial of the religious or moral beliefs of anyone but about the recognition of the inalienable rights of all citizens who are protected and entitled to be protected under the Constitution.

The court stated further there was absolutely no reason why non-consensual anal intercourse cannot be caught under the existing broad definition of rape.

It was therefore declared that sections 13 and 16 of the Act are unconstitutional and of no effect to the extent that they criminalise any acts of consensual sexual conduct between adults.

Submissions are to be made by the parties on whether the sections should be struck down in their entirety or not. The ruling is to be appealed.

Co-ordinator: Roshan Ramcharitar. This column is not legal advice. If you have a legal problem, you should consult a legal adviser.

Winston “Gypsy” Peters, the new chairman of the National Carnival Commission (NCC), does not believe his appointment has anything to do with his support for the People’s National Movement (PNM) in the 2015 general election.

“I made absolutely no deal with anybody,” he insisted. “This is three years later. Since then they hired a different chairman, but they found it fit to hire me now. Trinidad and Tobago needs to devoid itself of political nuances in everything we do.”

Peters said it was Prime Minister Dr Keith Rowley who called and offered him the job as NCC chairman after Colin Lucas, who had held the position for the past few months, resigned to take up an appointment as Chief Executive Officer of the organisation.

He said he asked Dr Rowley for time to think about it and after speaking with his wife and others to get varied opinions, he accepted.

Since his appointment Peters said he had been getting calls from people on all sides of the political divide.

“I am a peoples’ person. I am Gypsy. I belong to the people,” he said.

However, the former United National Congress (UNC) government minister said he has not had a call from that party’s political leader and does not know if he will again throw his support behind the opposition party.

He said: “A day in politics is a long time. You can’t say what you going to do from day to day in terms of politics because anything could happen in politics.”

He said when he relinquished his US citizenship it was because he wanted to serve T&T and as NCC chairman he plans to do so to the best of his ability.

“I cannot make any prediction about what I am going to do,” he said. “I have to go in there and see what exists and what I think should be there.”

Noting that the NCC manages Carnival, the only aspect of T&T culture that “knows no race, religion culture or creed,” Peters said he knows many of the players in the cultural arena and is confident he can work with them.

He said he looks forward to working with the board and the acting CEO in the best interests of Carnival.

Six members of Pan Trinbago’s central executive have sued president Keith Diaz and two senior members of the pan body following a move to oust them from the organisation.

Secretary Richard Forteau, treasurer Andrew Salvador, PRO Michael Joseph, external relations officer Darren Sheppard and trustees Allan Augustus and Trevor Reid claim an extraordinary meeting facilitated by Diaz at which the decision was taken was illegal.

They are also suing Gerard Mendez and Marie Toby, who chair the organisation’s Northern and Tobago Zones and who were chosen at the meeting to be part of a caretaker committee to oversee the organisation’s operations until an election is called later this year. The elections were expected to be called in October, but the committee had been mandated to determine if the date can be brought forward in light of the decision.

The lawsuit came up for hearing before Justice Ronnie Boodoosingh in the Port-of-Spain High Court on Friday but was adjourned to Wednesday as Diaz, Mendez and Toby indicated that they are still in the process of retaining attorneys.

In addition to financial compensation and orders deeming the meeting and subsequent decision unlawful, the group is also seeking immediate reinstatement, as well as an injunction stopping decisions taken at the meeting from taking effect until the lawsuit is determined.

In an affidavit filed pursuant to the claim, Forteau said Pan Trinbago’s constitution requires that the secretary facilitate such meetings but he was excluded from the process for the extraordinary meeting, as well as another held in March. He also questioned whether there was the appropriate quorum of members to requisition the meeting.

Pan Trinbago’s constitution states that 60 per cent of the membership—122 out of 204 steelbands—is required to call a meeting, Forteau claims only 85 bands were represented in the requisition sent to Diaz last month.

He further claimed that from his analysis some of the signatures on the requisition were of two delegates from same band, which is illegal as each band is allotted one vote.

While he admitted that members are allowed to call a meeting to oust the central executive, Forteau contended that they had to follow the organisation’s guidelines.

“Even if the majority of Pan Trinbago members were minded to remove us from office before the expiry of our term, the manner in which they have done is callous, totally disregards all natural justice provisions,” he said.

“We were not summoned to any disciplinary procedure. We were not present at the meeting that removed us. We have not been notified of our removal except in the press.”

Forteau claims the move was initiated by Diaz after the executive questioned several decisions he allegedly made in relation to tickets for this year’s Panorama competition.

The group is being represented by Farid Scoon.

Guardian Media Ltd senior photographer Kristian de Silva is suing A&V Oil and Gas Drilling and Workover owner Hanif Nazim Baksh and his son in law, Cpl Billy Ramsundar, for assault and battery.

Through his attorneys, De Silva filed the action yesterday at the San Fernando High Court, seeking damages from the men for allegedly assaulting him during an incident on September 15, 2017.

De Silva had gone to Nazim Avenue, San Francique, Penal, while in the course of his employment accompanied by his colleague, Sascha Wilson, at the time of the alleged incident.

De Silva and Wilson approached a guard booth at the entrance of an industrial compound belonging to A&V Oil and identified themselves as T&T Guardian newspaper employees and proceeded to the office. The office was locked Wilson and De Silva departed.

According to court documents, upon exiting Nazim Avenue, De Silva parked his vehicle and was standing on road taking photos with his camera. De Silva alleged that he saw a black Toyota Hilux being driven toward him in an aggressive manner and at an accelerated speed.

He said he threw himself out of the path of the vehicle, then observed the driver make a second attempt at running him over. He claimed the driver of the vehicle came out and began hurling obscenities at him. He claimed he identified himself as media but instead was assaulted.

De Silva’s injuries included swelling and soft tissue injuries to the face and back of neck, laceration to the lower lip and psychiatric injury.

Archbishop Jason Gordon is advocating for Venezuelan nationals seeking refuge to be welcomed, treated with dignity and integrated into this country.

In an obvious reference to the recent deportation of 82 Venezuelans following the confirmation of Presentation College students at the Our Lady of Perpetual Help Church, San Fernando, yesterday, Gordon said they were not coming here to “sponge off of us” but because they are facing a crisis.

“We need to integrate them and we need to accommodate them and help them through this process. They are going through a very difficult time in their country and we should be hospitable,” Gordon said.

However, he said T&T people have lost their sense of hospitality.

“We have become very eccentric and we have become people who are very stingy with what we have, because lifestyle has been more important than other things for us.” Acknowledging that T&T also has serious social problems, he said, “I would hate to think that our generation would be the generation to throw away the values of our parents.”

He agreed with Prime Minister Dr Keith Rowley, who in his response to the United Nations criticism over the deportation noted that “we are not a refugee camp.” However, he said, every nation in the world has been accepting refugees.

“I was not here when this all happened and the Vicar General made a very powerful statement in the front of the Catholic News first page. ‘Mercy. Let us be merciful to those who come.’ And that’s the best of who we are,” he said.

“The real question is not about the refugees. The real question is what kind of Trinidad and Tobago we want to be? Do we want to be a selfish, self-centred country that only wants to grab for itself for what we can get for ourself?

“Is that who we want to be? Check me out of that. I don’t want any part of that. I believe in a country that is Trinidad and Tobago, that has been incredibly generous and that is what I want to see more.”

He added, “Refugees have been welcome throughout the whole of history. We cannot be the first people to decide that we do not want to welcome them.”

In order to find a way to deal with the large influx of Venezuelans, Gordon suggested that all agencies, including the church, unite and formulate a plan to integrate all the refugees. He said the Venezuelans must be properly screened and processed to ensure no drugs and guns are being brought into the country.

Gordon said he intends to speak with the Vicars today about how the church can help and work with the refuges.

“It cannot be left to one group or one community,” said Gordon, adding T&T must find a way to integrate Venezuelan children into schools and find work for the adults.

Archbishop Jason Gordon says social media has turned the 15-year-old school boy who allegedly chopped his mother into a notorious figure by posting his photos.

Gordon made the comment during an interview with reporters following the confirmation of Presentation College students at Our Lady of Perpetual Help Church, San Fernando, yesterday. The schoolboy attends a secondary school in Chaguanas.

On Sunday, the Children’s Authority issued a release calling on the public to remove all images of the teenager and his family from social media sites, after photos of both he and his mother were leaked online.

The South West Regional Health Authority has also launched an investigation into how photos of the mother getting treatment at the hospital were leaked on social media.

The teen allegedly chopped his mother, almost severing her hand at their Freeport home on April 19. However, he was released from police custody without being charged.

Yesterday, Gordon said, “Whenever a young person commits an act of violence it is always a very sad and alarming moment. From everything that I have heard about the young man, what he is accused of is way out of character. In fact, the last report I saw, it is suggested that the accusation might have even been a false accusation. I have not seen the evidence.”

Asked his views on the boy’s photos being circulating on social media, he said, “Social media is a wonderful blessing and it is an incredibly destructive tool at the same time because they have made him into a notorious figure, a figure where everyone knows his face and he should have been protected because he is under-age and there are laws to protect children and he should have been protected and those laws should have been used for social media also.”

Asked if concerns have been raised about the boy returning to school, Gordon asked, “Was he convicted? If he has not been convicted our country practices a sacred law, innocent until proven guilty.”

He said the first response of the school was to reach out to the family. Through the Education Minister and Catholic Educational Board, he said counsellors have provided counselling to the boy’s peers and teachers.

“I know a lot of work has happened in the school and I know the board was on top of it in terms of making sure the pastoral care for teachers, for students, for parents and especially for the young man and his parents, that was in place.”