A prison officer, who was falsely accused of abandoning her three children on social media, has won over $75,000 in compensation for defamation.

Delivering a 39-page judgment in this country’s second social media defamation case earlier this month, High Court Margaret Mohammed ruled that Ama Charles defamed the prison officer in a Facebook post made on January 24, 2016.

The officer’s name was withheld by this newspaper to protect the identities of her children, who are minors, and to avoid the republication of the defamatory statement made against her.

While Charles admitted to making the offensive post on her private Facebook page, she denied that she was responsible for reposting it on the T&T Prison Service’s Facebook site.

The officer had claimed that the republication led to ridicule from her colleagues, her being questioned by her supervisors and facing the possibility of disciplinary action.

Although Mohammed agreed that there was no evidence that Charles initiated the repost, she ruled that she (Charles) was still liable for unintended republication by third parties, who had access to the post and her page.

Mohammed said: “In my opinion, when Charles published the words on her Facebook page and she “tagged” people whom she knew...she implicitly gave them permission to forward her publication to third parties.”

“In such circumstances, Charles must remain ultimately responsible for the words which she initially published once they remained in the form she originally published,” Mohammed added.

The post stated that Charles was attempting to contact the officer after she allegedly left her three children unattended in front of her (Charles) house.

In her lawsuit, the officer denied the allegation as she claimed that she was on her way to drop the children by her sister when she spotted their father at Charles’ home and decided to leave them with him instead.

She claimed that Charles, who she and her children knew as a friend of their father, sent her several abusive text messages before she eventually made the post.

In analysing whether the statement constituted defamation, Mohammed ruled that an ordinary and reasonable person could conclude that she (the officer) was an irresponsible mother.

Mohammed said that Charles exacerbated the situation by tagging the T&T Police Service (TTPS) television programme Beyond the Tape and Crime Watch host Ian Alleyne in the post.

“In my opinion, these last words in the post would have coloured the opinion of the ordinary, reasonable person into thinking that the action by the claimant with respect to the treatment of her children was of such gravity that it was a criminal act which had been committed,” Mohammed said.

In addition to ordering the compensation for the officer, Mohammed ordered Charles to pay the $19,652.08 in legal fees she incurred in bringing the lawsuit.

The judgment comes four months after High Court Judge Frank Seepersad presided over a landmark case brought by a couple whose neighbour falsely claimed that they molested their children in a series of Facebook posts.

In ruling in favour of the couple Seepersad considered social media cases in Commonwealth jurisdictions as there are currently no laws which directly address the issue.

Although the quantity of compensation to the couple is yet to be calculated by a High Court Master, the case was used as a precedent in the lawsuit before Mohammed.

The prison officer was represented by Kalena Maharajh and Whitney St Clair. Gem Emmanuel and Elena Da Silva represented Charles.

Archbishop Jason Gordon has called for legislation to be passed to protect refugees.

The head of the Roman Catholic Church yesterday launched the Archdiocese’s Ministry for Migrants and Refugees.

The launch took place to coincide with the day declared by the United Nations as World Refugee Day.

As he launched the initiative Gordon appealed to the country to “stand in solidarity with migrants and refugees and to promote their human rights. Let’s pray to ensure that there is a place at the table of life for all,” he said.

The initiative of the Roman Catholic Church was first announced in May when Gordon signalled that all Roman Catholic Parishes across the country would be asked to set up the Migrants and Refugees Ministry.

Yesterday, he described it as the Church’s attempt to reach to the people “on the fringe of society,” as he appealed to people to open their arms to those persons and to “find ways to welcome them into our families and parish life.”

Gordon urged that everyone do their part to “give them dignity, treat them like real human beings.”

A four-member committee has been set up within the Roman Catholic Church to oversee the project. They are head of the Living Water Community Rhonda Maingot, whose group has been spearheading assistance to migrants and refugees for the past 29 years, head of the Catholic Commission for Social Justice Leela Ramdeen, Fr Simon Peter and Rochelle Nakhid of the Living Water Community.

In trying to get the widest possible participation Nakhid said: “we hope to reach out to the Anglicans, the Adventists, Muslims and Hindus to see how they can provide support.”

Many of those seeking refuge, Ramdeen said, are highly skilled and have been reduced to doing menial jobs including people’s homes to ensure that they put food on their tables.” We have to harness their skills and get them to realise their full potential.”

Ramdeen noted that the initiative was not just about Venezuelan refugees noting there are migrants and refugees here from 20 other countries and they all need help and support.

A police officer who reported his gun stolen after he gave a stranger “a drop” is now being investigated by officers of the Professional Standards Bureau (PSB).

According to a police report, the police constable said his personal firearm was stolen from his vehicle which was involved in a minor accident on Sunday.

The officer, who is currently assigned to the North Eastern Division, told investigating officers that he was driving his car along the Heights of Guanapo, Arima, at about 6 am when he noticed a “young” man walking along the roadway. The officer said he stopped and offered the man a drop out of the remote area. On reaching the pillars at Maturita Village the officer said he struck an animal crossing the road. He stopped his vehicle and got out to check on what he had struck and to see if his vehicle was damaged.

The officer claimed at that point his passenger stole his Glock 9mm pistol. He reported when he returned to the driver’s seat the man he picked up had gotten out and said he would take a taxi.

The officer said he did not realise his gun missing from a pouch he stored in a pocket of the vehicle until later that day. The officer also alleged that other items, which were also in the pouch, were missing.

The officer gave the description of the person he picked up to be of mixed descent, brown in complexion and about five feet six inches in height.

T&T Guardian was told that senior officers of the North Eastern Division, as well as PSB, are “looking into the matter.”

Investigations are continuing. (RD)

The Institute of Marine Affairs has concluded that the cause of the dead fish washing ashore at Carat Shed, Coffee, Point Sable and Station beaches last week was a result of fishermen dumping bait and low-value catch.

A media release yesterday stated that a team also surveyed the beaches on June 11 and found carcasses in a moderate to advance state of decompositions along the shore of three beaches.

Ninety-nine per cent of the kill was sardines and herring, which they referred to as baitfish. The remaining carcasses were fish low in commercial value, such as mullet, blinch and cro cro.

“Many of these fish appeared to be juveniles. Given the species composition of the dead fish and the knowledge of fishing practices in the Gulf and Paria, the IMA concluded that the dead fish observed was most likely the result of a ‘fish dump’ at sea. This dump could have originated from the trawl, bait or gill net fishery.

“Supporting evidence includes the absence of dying fish which would indicate that this is an ongoing event. Additionally, fishers at Coffee Beach reported that the occurrence of dead fish at that site was fairly common as trawlers dump by-catch which frequently wash up onshore. Additionally, all the fish observed were in a moderate to advance state of decomposition and hence, unsuitable for testing,” the release stated.

With regards to an oil spill at in Chaguaramas last week, the IMA said that a team of researchers surveyed the waters from Carenage Bay to Scotland Bay and found no unusual occurrence. The IMA said that the barge that was suspected as the source of the oil contamination back in March was reported to have been towed out of the area between June 14 and 15.

This led the IMA to the opinion that the residual oil left behind in the barge may have washed out while it was being towed, resulting in the oily sheen seen between July 15 and 17.

But Fishermen and Friends of the Sea (FFOS) secretary Gary Aboud disputed the finding of the IMA report on the dead fish saying that it was void of science and based on an ad hoc procedure.

Loans and salary advances to staff, some of which remain outstanding, a superuser who had the ability to take a transaction from start to finish to the value of $10 million with no approvals and lack of proper procurement procedures were just some of the issues which came to light yesterday, when Youth Training and Employment Partnership Programme (YTEPP) officials appeared before the Public Accounts Enterprises Committee of Parliament.

Committee members expressed concern that the organisation, which has a mandate to train young people, seemed to have lost its way and had instead been overrun by “madness” and had gone “awry” to the detriment of taxpayers, who had spent close to $800 million on the organisation from 2008-2014.

Things appeared to be so wrong at YTEPP that committee chair Wade Mark likened it to the legend of “Rip Van Winkle, who slept for 20 years and all kinds of activities were taking place around him he was not aware of.” Officials of YTEPP, he said, were “still sleeping on the job.

Committee member Fitzgerald Hinds first raised concerns over the superuser, whom he said appeared to have powers that not even the highest office holders in the country, including the Prime Minister, President and Chief Justice, had.

YTEPP CEO Nigel Forgenie noted that the “initial problem arose when YTEPP was given authority for the processing of stipends. It took the monthly expenditure release levels up to over five million dollars.”

Director of Finance Jerome Grant defended the system, saying this was how it was set up by First Citizens Bank. But both he and Forgenie assured that when the issue was highlighted by the internal auditor “that power was revoked.”

But committee member David Small was also concerned, noting a discrepancy in the figure, as while Forgenie said the five million was to pay stipends, the finance director said it was eight million. Small wondered why the superuser was given such ability. Forgenie said the money was used for “usual salary payments, it is not something done every day but once a month for salary and stipend commitment.”

Committee member Jennifer Baptiste-Primus asked how many OJTs were at YTEPP to generate a stipend payment of $8m. Forgenie said there were “10 thousand trainees on the OJT payroll at that time” but promised to provide the specifics in writing.

Forgenie, who told the committee he had been at YTEPP for 12 years, also raised members’ ire when he confirmed they gave salary advances or loans.

Asked on what authorisation, he said it was in the Memorandum of Association, adding the limit is $10,000 and was usually loans for educational purposes which “must be repaid during the course for which the monies are advanced.”

But neither the investment division of the Ministry of Finance nor the Ministry of Education seemed to be aware YTEPP had such a policy.

Chitamanie Sookhoo, of the Investment Division of Finance Ministry’s Social and Economic Transformation Unit, told the committee such issues do not go to the ministry.

“The board is there to ensure there is adequate policy in place,” Sookhoo said.

However, Ministry of Education official Carol Bickram admitted they picked up this matter after getting the minutes of a board meeting and had sent a letter to YTEPP “for clarification on the authority.”

Small was concerned that while Forgenie said the loan was $10,000, one employee was currently owing $20,365. He said it was clear “something has gone awry, someone got a loan and you can’t figure out how to get it back?”

Baptiste-Primus urged chairman Thora Best to take immediate steps to ensure the loans are recovered once the persons were still employed there.

Small also expressed concern that under Forgenie’s watch 67 people got transport allowances and 82 got cellphone allowances. He said as far as he was aware, this does not happen in any ministry and “may be an abuse of a facility”.

Mark urged the CEO and chairman to get acquainted with the State Enterprise Performance Manual since allocation of cellphone and transport allowances to staff is not permissible under it. Mark was concerned the loans would eventually be written off under the State Limitation Act.

“Something is wrong at YTEPP,” Mark declared, adding YTEPP did not seem to have a proper procurement policy but instead relied on staff “integrity, honesty and trust”.

The committee also heard an employee was responsible for purchasing keyboards from China for an internet unit, but when reconciliation was done invoices were found to be altered. The amount involved was $25,000 and the Fraud Squad was called in. In another instance, an employee altered delivery documents for equipment which were to be delivered to a warehouse but went elsewhere. The employee resigned before action could be taken.

Onward to T&T immediately - minus upgrades in Cuba.

That’s the next chapter of the Galleons Passage’s journey after acting Prime Minister Colm yesterday revealed that enhancement work contracted by the ferry’s seller couldn’t be done in Cuba as planned and the vessel is instead now coming straight to T&T.

The enhancement work will be done in T&T on a phased basis while the vessel does the Tobago ferry run “very soon.”

Imbert confirmed developments in Parliament yesterday while replying to Opposition queries on the status of retrofitting work on the vessel in Cuba.

The vessel, which left China in February, had been expected in April, May - then “soon”- as it encountered delays along the way due to weather, US inspections and other issues.

The enhancement work in Cuba was to have been the last aspect before its final port of call here in T&T.

In explaining the latest changes yesterday, Imbert said arrangements for enhancement work had two components - certain upgrade works to be done by the seller, plus upgrades to be done by the National Infrastructure Development Company (NIDCO) on behalf of Government.

“The seller had work to be done at his expense with his own arrangement on a contracted basis with the Cuban shipyard and Nidco also had work to do on a contracted basis in a separate transaction with the Cuban shipyard,” Imbert said.

“We’ve been informed recently that some of the materials and equipment that the seller requires to complete the enhancement work agreed to in the contract for sale of the vessel to Nidco; some of the materials and equipment, the seller is having difficulty transporting them from Australia to Cuba.”

He added: “Cuba is still an embargoed country for many countries. Cuba accepts shipments from some European states and doesn’t apparently, make it very easy for shipments from countries like Australia.

“The seller told us recently that although fabrication of one of the canopies had begun, they were having difficulty in getting an airline or shipping company to transport some of the remaining equipment and materials into Cuba.

“So Government has taken a decision to bring the vessel to T&T immediately and the work will be done in T&T, the boat will be put into service very soon and the enhancement work will be done on phased basis while the boat is transporting passengers to and from Tobago.”

Based on reports, he said some retrofitting work had been done in Cuba, but insisted the issue involved wasn’t a contractual responsibility of Government. “The seller, as part of the contract for purchase, had agreed to do certain enhancement work at Damen Shipyard in Santiago de Cuba. The works the seller had contracted to have done have been affected by the seller’s inability to get materials and equipment into Cuba - not the Government’s inability to get materials and equipment into Cuba.”

However, he said the enhancements were solely to make the vessel more comfortable.

In March, a Nidco statement advised that retrofitting of the vessel would occur over10 days during the layover in Cuba. This work included a canopy installation on the vehicle deck to protect against sea spray, additional anchor rings for securing vehicles on deck and sealing a gap between the ramp door and vessel hull. Some of the works would be paid for by the seller, as agreed pre-purchase, Nidco added.

Nidco said a decision was made to make other alterations while the vessel was in Cuba and these - costing $2.5m - would be paid for by Government. These involved installation of full canopies over the sun deck, additional washroom facilities, cafe/bar facilities, remodelling of urinals in the men’s washroom and installation of fixing rails for new contoured seating on the passenger deck. These modifications were being undertaken to make the vessel more suitable for its purpose, Nidco said.

In Parliament yesterday, Imbert didn’t say when the boat would leave for T&T, if it’s already on the way or when it would arrive here. He told the T&T Guardian via email afterwards that he’d check Nidco on this.

US$12m on ferries maintenance

Works Minister Rohan Sinanan also gave the following information on the other Tobago ferries during yesterday’s Parliament sitting.

• T&T Spirit drydocking cost - US $10.9m

• T&T Express repairs and maintenance cost - US $808,117

• Period T&T Spirit was out of service - May 15, 2017, to April 16, 2018.

• T&T Express was in operation - May 12, 2017, to March 12, 2018.

A man who was stabbed in the neck during a domestic brawl was found dead yesterday in Belmont.

According to a police report, at about 4.15 am residents as Belle Eau Road were awakened to loud noises coming from the home of a woman.

Police said neighbours heard a man and woman quarrelling and noises suggesting that they were fighting.

The man, later identified as Atiba Hamlet, was stabbed in the neck with a sharp object. The woman, 27, ran to get help.

The woman later surrendered and claimed she was acting in self-defence.

Yesterday, at Forensic Science Centre, St James Hamlet’s relatives denied commenting.

Investigations are continuing.

Fourteen years after he was charged with raping a teenager in his village, a New Grant man has been found guilty.

Mukesh “Legs” Ganpat, 48, a father of three, was remanded into custody to await his sentence.

Ganpat went on trial in the San Fernando Second Criminal Court before Justice Hayden St Clair-Douglas on June 11, charged with raping the 18-year-old girl on June 30, 2004.

The State’s case is that the girl was waiting for a taxi in Princes Town after class when Ganpat offered her a ride home. He took her to a house where he raped her.

The girl went to the Princes Town Health Facility where she told a nurse what happened and the nurse called the police. When the police took the girl to Ganpat’s house, she identified him as her rapist. The police alleged that Ganpat twice claimed he “feel up” the girl, but he did not rape her. Ganpat also signed the utterance. State attorney Trevor Jones led evidence from three witnesses, including the victim and the charging officer PC Teeluck.

Ganpat who claimed he is unable to work because of an injury to his leg denied making the utterance to the police. He testified that he could not read and write properly and only signed the utterance because a police officer spoke to him in a rough tone. Ganpat claimed the victim asked him for a ride, kissed him on the lips and then asked for him for $40. He claimed when he refused to give her the money she cursed him but he still offered to drop her home. Ganpat called his wife, who uses a wheelchair, as his only witness.

The jury deliberated for almost three hours before returning with the guilty verdict. The matter was adjourned to July 18 when Ganpat’s attorney Chris Ramlal is expected to make his mitigation plea.

After more than a week in custody, a 26-year-old man yesterday appeared in court charged with the murder of Rio Claro farmer Radhay Krishna Mahabir.

Jimal Arrindel, 26, of Duncan Village, San Fernando, appeared before Senior Magistrate Lucina Cardenas-Ragoonanan in the Rio Claro Magistrates Court. Arrindel was arrested on June 11 the same day that Mahabir was shot and killed at his Tabaquite Road, Rio Claro home.

Police reports stated that around 3 am, Mahabir, who grows his crops and sell at the Macoya Market, was preparing to leave his home when the gunmen accosted him in his driveway. Mahabir, whose arm was amputated years ago, was shot, but still managed to run inside his home. However, Mahabir, a father of two, died before help arrived.

Arrindel was subsequently charged by PC Gillead of Homicide Region Three on Wednesday. After the magistrate read the charge, prosecutor Sgt Rudranath Ramdhan indicated that a State attorney has to be appointed by the Director of Public Prosecutions to prosecute the case.

Arrindel was remanded into custody and the matter was adjourned to July 18.

A Moruga man who breached a protection order by making death threats to his mother has been jailed for three months.

Dave Katwaroo who was arrested at his mother’s home pleaded guilty to the charge in the Princes Town Magistrates Court.

Prosecutor Sgt Harold Ishmael said Katwaroo’s mother, age 69, was granted the protection order against her son last April for a period of three years.

But, around 5.45 pm on Saturday, Katwaroo went to his mother’s home at Indian Walk and began behaving in a disorderly manner, threatened to kill her and burn down her house. Princes Town police responded and spoke to the offender who replied, “Officer, I done know about that I was in court.” He was arrested and charged by PC Cooper.

Senior Magistrate Michelle Maharaj-Brown ordered that he serve his time doing hard labour.

Rhondor Dowlat

An investigation has been launched into an incident in which two University of the West Indies (UWI) students were taped while engaging in a sex act in a classroom in one of the main buildings at the St Augustine campus. Passing students who could clearly see the pair from a pathway to other areas of the campus videotaped the act and it was subsequently posted on social media.

The two students were engaged in sexual intercourse in a classroom at the Learning Resource Centre, but they were clearly visible, through a window, to passersby outside from a walkway. In the video, passing students could be seen commenting and laughing at the act, with some of them stopping to film it on their cell phone cameras.

In an immediate response to the video, which was posted yesterday, a university lecturer who wished not to be identified sent out a stern warning to students.

“Consider your actions, life is worth more than a moment’s pleasure,” the lecturer told the T&T Guardian.

“Students must think about their actions and remember that the university is a place to prepare them academically for a bright future.”

The lecturer said at the tertiary level they deal with young adults who are easily sexually aroused but reminded that having sex in public spaces is illegal under the law - Indecent Exposure of the Person under Section 7 of the Criminal Offences Act Chapter 11:01. That act dates back to 1844 and makes the common law UK offence of indecent exposure an indictable offence in T&T.

“But what is a greater concern is sexual responsibility. The use of protection to avoid unwanted pregnancy or contracting a sexually transmitted disease may be considered,” the lecturer said.

The video caused widespread debate, some of which pointed out that such acts hadbeen happening at the university over the years and was a norm.

“It has been going on for years...is just that some idiot decided to take a video ‘which apparently is the in thing nowadays’ so calm down,” one social media user posted in response to the video.

When contacted for comment yesterday, UWI Guild of Students president Darrion Narine took the opportunity to remind students and staff to maintain a level of respect.

“Respect for the laws of the land, respect for rules, regulations and respect for their fellow colleagues on campus as well as the institution in which they operate and study,” Narine said.

He assured that the Guild “will be working with the administration, to get to the bottom of this.”

Contacted yesterday, UWI St Augustine Campus Principal, Professor Brian Copeland said they were aware of the incident and were “looking into it”.

Asked how a situation like this or of similar nature is handled by the university, Copeland said it all depends on “who it is and what it was.”

“We want to appreciate that it is young people we are dealing with but whatever comes up in our fact-finding mission, we will treat with it accordingly,” Copeland said.

Attorney Jonathan Bhagan said whilst it is “a morally reprehensible act,” he believes “restorative justice” should be looked at and “the perpetrators made to apologise to the public and do community service to repair the image of UWI which they helped tarnish”.

Efforts to contact Minister of Education Anthony Garcia were unsuccessful.

Almost four years after 36-year-old Stacey Rique was killed when a crane collided with her car after breaking a red light, her family is now suing its owner, its insurance company and the State.

In a lawsuit filed in the Port-of-Spain High Court yesterday, lawyers representing Rique’s mother Majorie claimed that Sammy’s Multilift Services Limited, Sagicor General Insurance and the police were all negligent in the June 25, 2014 accident.

Rique was the daughter of Roy Rique, a former director of operations and communications at the Office of the Prime Minister.

Through the lawsuit, Rique’s relatives are seeking over $10 million in compensation, which represents the loss of earnings she would have received during her estimated natural lifetime.

At the time of her death, Rique was an administrative assistant with International Waterfront Resources Limited, which owns the Hyatt Regency Hotel in Port-of-Spain.

However, months before the accident she attained a degree in human resource management. Her relatives’ claim this would have made her eligible for a post as a human resource manager with an annual salary of over $400,000.

“The deceased had very good prospects of career advancement and development with the potential to steadily increase her income, had future career plans to open her own human resource management business and would have been a beneficiary of additional income from her own business had she survived,” attorney Andre Le Blanc said in the letter.

Rique’s friend Ashelle Waddell, who was the front seat passenger in her vehicle, suffered serious injuries in the accident but survived.

Waddell was also named as a claimant in the lawsuit but is seeking significantly less compensation than Rique’s family, as hers will only reflect the pain and suffering she experienced from the accident.

According to the court documents, Rique and Waddell were about to cross from south to north at the intersection of the Audrey Jeffers Highway, near the Hasley Crawford Stadium, when the crane collided with her vehicle.

Their lawyers are contending that although she had a green light Rique waited at the insection as she saw a police car, with its siren on, speeding towards the intersection. A few moments after the police car passed, Rique drove on and the crane collided with her vehicle.

Her relatives’ lawyers are claiming the crane’s owner is liable for negligence as its driver, Rodney Bissoondath, was reckless by driving at a fast rate and for failing to observe that the police escort did not stop at the intersection to block traffic. They are also contending that the crane was not approved by the Licensing Authority to be driven on the road.

The Office of the Attorney General and Legal Affairs was listed as a party to the claim to defend the police officers who were responsible for the escort.

Rique’s lawyers are claiming the police were negligent in failing to stop traffic at the intersection and allowing the crane operator to break the red light.

“The claimants will rely on a series of photographs of the accident as evidence of the negligence of the crane driver. The claimants will also rely on video footage and pictures taken on the date of the accident at the trial of this matter as evidence of the negligence of the company and the police,” Le Blanc said. Sagicor General was included as it had insured the crane.

A case management hearing will be set once the lawsuit is assigned to a judge.

Rique’s family and Waddell are also being represented by Terrence Bharath.

The State has been ordered to pay compensation to the family of a man from Tobago who was seriously injured in a car accident involving a T&T Coast Guard mechanic.

Delivering an oral judgement after a brief trial in the Tobago High Court on Wednesday, Justice Frank Seepersad ruled that lead mechanic Ansil Dwarika was negligent in the accident with Earlan Orr, which occurred on March 12, 2012. Seepersad did not immediately assess the quantity of compensation for Orr as he referred the issue to a High Court Master.

However, Orr, of Windsor Local Road, Delaford, will not be able to enjoy the damages owed to him as he died in unrelated circumstances while awaiting the case to go to trial. The money will now go to his mother, who pursued the claim after his death.

Orr was driving along Milford Road in Scarborough when a Coast Guard vehicle driven by Dwarika came into his lane and collided with his vehicle. Dwarika had claimed he was attempting to avoid colliding with a vehicle in front of him that stopped suddenly to drop off a passenger. As Orr was not able to testify in the trial, his attorney relied on his witness statement which was prepared before his death.

Seepersad visited the site of the accident during the trial. In his ruling, he said he believed Orr’s version of the event over Dwarika’s.

While Dwarika had claimed Orr did not have on his headlights, Seepersad ruled that he should have still seen Orr’s vehicle as the area was well lit with street lights. He also ruled that Dwarika was speeding and attempted to overtake a vehicle in his lane, as he (Dwarika) admitted he was rushing back to work at the time.

In making the ruling, Seepersad advised members of the protective services to exercise caution when speeding and using their sirens.

“Far too often members of the protective services drive recklessly on the nation’s roadways and greater caution has to be exercised. The ability to use a siren or exceed the speed limit should not be abused and those powers, when utilised, should have regard to the presence of other road users,” Seepersad said.

In the lawsuit, Orr was seeking compensation for the injuries he suffered, including constant pain in his hip. He was also seeking $75,000 in damages to undergo hip replacement surgery.

Orr was represented by Ravi Pheerangee, while Daniella Boxhill represented the State. (DA)

Opposition Senator Wade Mark believes there is a need for a criminal forensic investigation by the police, under the supervision of the Director of Public Prosecutions, into the procurement of the Galleons Passage.

Mark, who is also a member of the Parliamentary Joint Select Committee on Land and Rural Development, says the committee will write to the Australian government to get information if it becomes necessary to get to the bottom of what has been termed the “secrecy” surrounding the acquisition of the vessel.

The JSC on Land and Rural Development investigated the procurement of the Cabo Star and the Ocean Flower II but is yet to present its final report to the Parliament. The committee chairman, Independent Senator Stephen Creese, is in the Cayman Islands, but vice chairman, Mayaro MP Rushton Paray, told Guardian Media yesterday that the Galleons Passage matter is outside the terms and reference of the committee, which looked at the maintenance and procurement of Cabo Star and Ocean Flower II ferries.

But Paray is of the view that at “some point in time the committee will have to look at the contradiction on the new procurement legislation which is awaiting proclamation by the President and the fact that this was varied having a Cabinet-appointed committee to look at the procurement of the Galleons Passage.”

He said this will be a “completely different investigation,” but noted there is need to determine why “the procurement process as defined in the procurement legislation was not used” in the acquisition of the Galleons Passage.

Mark said he believes the matter requires not just an inquiry by the JSC but a criminal forensic investigation because “there are so many unanswered questions and so many red flags erected around the acquisition of the vessel.”

Accusing the Government of being “dishonest” with the population, Mark said there had been a lack of “information, clarification and transparency as it relates to the circumstances surrounding the acquisition and procurement of the vessel.”

Mark has filed a motion which will be debated in the Senate next Tuesday where he hopes to get transparency from the minister.

“We want the inspection report from Lloyds of London, we want the valuation report, we want the Don and Bradstreet report, we want the MOU between NIDCO and this owner that we bought the vessel from,” Mark said.

As to Imbert’s disclosure in Parliament that the vessel will leave Cuba for T&T because the retrofitting work required could not be done in Cuba, Mark accused the Government of “playing smart with foolishness.” He said it was “a shocker” as to why T&T “would agree with the owner to take the ship to Cuba to the Damen Shipyard knowing of the US embargo.”

Mark also questioned whether the minister’s disclosure that the vessel could be used without the required retrofitting work was true. He said the approval for the vessel and the IMO number were issued by the international body based on the designs and specifications which existed then.

“If you are going to change those designs and specifications then you need the approval of the International Maritime Organisation because that could endanger the safety of passengers,” he said.

Mark said if the Government refuses his request the Opposition is prepared to take the matter to the international community, including the government of Australia to get answers to the questions.

On March 9, 2018, Australia-based Sea Transport Solutions reported that the brand-new STS-Designed RORO passenger and cargo ferry dubbed The Galleons Passage would be operating the sea route between Trinidad and Tobago after its purchase this past January.

Sea Transport described the vessel as a 74-metre catamaran with an aluminium superstructure comprising a steel hull design, a capacity of 700 people and up to 100 vehicles, a maximum speed of 22 knots. It said because it has a draft of 2.75 metres it can berth anywhere at the Port-of-Spain Harbour, including the ferry terminal, without dredging.

January 7: PM Dr Keith Rowley announces acquisition of a new boat in an address to the nation.

January 18: Finance Minister Colm Imbert announces that several rigorous checks were done to ensure that the new US$17.4 million catamaran Galleon’s Passage met all the requirements to operate on the domestic seabridge.

The vessel is owned by Sea Transport Corporation of Australia and was built at the Nansha Shipyard in Guangzhou, China. Marine Traffic sites list the vessel as having been named as the Dona Mercedes by the Venezuelan owner. The name was changed to the Galleons Passage, the historical name of the route between Trinidad and Tobago.

January 20: Imbert announces the Government was taking delivery of the new ferry in China on or around February 9, 2018. Estimated arrival date in Trinidad was April.

January 24: Galleons Passage goes on drydock in China for final inspection prior to delivery to the Government.

February 5: Imbert says Galleons Passage almost ready for delivery in China. Delivery is now set for February 7 and vessel is scheduled to sail for T&T on February 9, 2018.

February 6: Imbert tweets picture of name being painted on “our new RoPax ferry”.

February 8: Lloyds Register Classification Society issues the Confirmation of Class Certificate to the ferry as a 100A1 SSC passenger ship. Imbert explained “100” means the ship is suitable for seagoing service. “A” means the ship was constructed or accepted into Lloyds Register class and is maintained in good and efficient condition. “1” means she has good and efficient anchoring and mooring equipment.

The Government pays US$ 17.4 million, less 5% retention for Galleons Passage. The vessel is registered in the name of the National Infrastructure Development Company of T&T.

February 15: Imbert announces that Chinese New Year celebrations delayed the process for acquiring the required permits for trans-Pacific ocean travel and Panama Canal. CNY celebrations were to end in one week. Thereafter, he said the Galleons Passage would travel 11,000 nautical miles from Hong Kong to PoS.

February 23: Imbert announces Galleons Passage is classified for operation in significant wave heights of up to 4.5m (15 ft) and maximum wave heights of 6.7m (22 ft) and near gale force winds of 7 Pa.

International crew arrives in Nansha, China, from Lithuania and Latvia, to start the process of getting the vessel fuelled, started up and loaded with supplies and ocean class safety equipment in preparation for departure from China to T&T.

February 24: Imbert announces Galleons Passage will travel from China to Honolulu, Hawaii, through the Panama Canal, with a stop at the Damex Shipyard in Santiago de Cuba for enhancements, including additional canopies and additional toilets for passengers on the upper sundeck and canopies for the vehicle deck. One hundred of the 700 seats were also to be upgraded.

February 27: Galleons Passage sets sail from Bonny Fair Shipyard in Nansha, China, en route to Hong Kong, then Honolulu, Panama Canal, Santiago de Cuba and Port-of-Spain.

March 3: Galleons Passage approaches Taiwan on its way to Shanghai to install specialised fuel containers for trans-Pacific journey to Honolulu.

March 5: Galleons Passage arrives at the Port of Shanghai, where it was scheduled to be fitted with additional fuel tanks to facilitate the journey across the Pacific.

March 7: NIDCO advises the vessel was unable to berth at the Port of Shanghai because of a backlog of commercial vessels in queue to be docked as a result of poor weather conditions. Installation of fuel tanks delayed.

March 10: Galleons Passage sets sail for Yokohama, Japan, for the installation of fuel tanks and bunkering.

March 12: Imbert tells Senate that “barring inclement weather and other unforeseen conditions”, the Galleons Passage is scheduled to arrive in Port-of- Spain at the end of April 2018.

March 13: Galleons Passage arrives in Yokohama, Japan. Bad weather again delays sailing of the vessel.

March 17: Galleons Passage departs for Honolulu, Hawaii. The journey of more than 3,000 nautical miles took just about two weeks.

March 30: Galleons Passage arrives in Honolulu, Hawaii.

April 10: Routine checks and inspections by the United States Coast Guard-Port State Control Department and Lloyds Register completed on vessel.

April 11: Imbert dismisses claims by Sea Transport that the arrival of the vessel will be delayed until May as ‘speculative’.

April 12: Galleons Passage departs Honolulu for Acapulco, Mexico. En route to Mexico the raw water pump on the starboard side of the vessel develops mechanical problems. This, coupled with unfavourable conditions results in a reduction in vessel speed from 11 knots to 5.7 knots.

April 17: Works and Transport Minister Rohan Sinanan says vessel will arrive in T&T in mid-May.

April 28: Galleons Passage arrives at the Port of Acapulco 28 for bunkering.

April 30: Galleons Passage berths at the Port of Acapulco.

May 7: NIDCO advises a replacement for the raw water pump arrived in Mexico but did not meet required specifications. The old pump was repaired for use.

May 10: Galleons Passage sets sail from Mexico to Panama.

Prime Minister Rowley tells parliament after suffering a few delays vessel should arrive by end of May, good weather permitting.

May 16: Galleons Passage arrives in Panama. Vessel boarded by the Canal Port Captain, who identified the need for modifications to be made to the pilot boarding station for compliance with the Canal requirements.

May 17: A contractor boards the vessel to assess modifications required. Imbert contradicts this, saying the vessel was delayed while passing through the Canal as it was given lower priority than other vessels such as commercial tankers.

May 23: Galleons Passage departs Panama.

May 26: Galleons Passage arrives in Santiago de Cuba to undergo retrofitting works to enhance utility, passenger comfort and safety on-board. The duration of these works was to be confirmed at a later date.

June 1: NIDCO advises there was a setback in the retrofitting work arising from delays in the completion of designs and the consequential issue of approved drawings by the seller. Shipyard also experienced delays in procurement of the requisite materials for these works.

June 20: Twenty-five days after the Galleons Passage docked in Santiago de Cuba, Imbert tells Parliament the Government has decided to bring it to T&T because no retrofitting can been done because some of the equipment needed by the seller in order to complete the enhancement work agreed to in the contract for sale can’t be acquired from Australia due to embargo against Cuba.

When the Galleons Passage does arrive in T&T—and there’s no date still—Nidco will need time to do certain requisites regarding the vessel and crew, after which it’ll be put into service.

This was confirmed by Works and Transport Minister Rohan Sinanan in response to queries on the issue from United National Congress Senator Wade Mark during yesterday’s Senate session.

“If I could predict the exact date of things which I don’t have control over I wouldn’t be here today—the (Galleon’s Passage) would be here at the earliest practical opportunity,” Sinanan said in response to Mark’s repeated queries on an arrival date.

Sinanan said the vessel arrived in Cuba on May 26 and prior to that, people representing the seller and Government (the buyer) arrived in Cuba on May 15 to expedite retrofitting work to be done on the boat at the Damen Shipyard in Santiago de Cuba.

He reiterated Wednesday’s statements by Finance Minister Colm Imbert that the seller had difficulties transporting some required materials and equipment from Australia to Cuba for the retrofitting work. He said the seller had chosen the shipyard for its work under the purchase contract to be done.

“But Government can wait no longer for the boat to reach here and decided to bring the vessel from Cuba to T&T at the earliest practical opportunity and have the retrofitting done here, on a phased basis while the vessel’s in service,” Sinanan said.

“Upon arrival here, time must be allowed for the reflagging of the vessel, familiarisation of the crew with the vessel and type rating of the crew—after which it’ll be put into service.”

He said the seller will bear the cost of its planned retrofitting and Government will handle the cost of the retrofitting it had planned to have done also.

Mark asked if Government wasn’t aware of the embargo against Cuba and also sought the cost to taxpayers while the boat was at the Cuban shipyard for 31 days.

When Senate vice president Nigel de Freitas disallowed his queries, Mark responded,”This is a democracy, not a PNM party group!”

He was cautioned by de Freitas.

Sinanan said dredging of the Port-of-Spain harbour will begin in late September and occur over two months. Once completed, all cargo operations will return to their original Government Shipping Service (GSS) jetty and cargo berthing operations currently occurring at berth three will cease, he said.

Sinanan said the return to the GSS jetty will eliminate the current traffic pile-up which occurs when trucks bring cargo to berth three for shipping. Port police liaise with the T&T Police Service to handle the traffic, he added.

Sinanan also revealed the Solomon Hochoy Highway from Chaguanas to Golconda will be widened to three lanes and unsuitable cable barriers will be replaced by rigid barriers. (GA)

The Court of Appeal has ordered compensation to a former national scholarship awardee, who was bypassed for promotion because his degree was not recognised by the Ministry of Agriculture, Lands and Fisheries.

Delivering an oral judgment at the Hall of Justice in Port-of-Spain earlier this week, Appellate Judges Allan Mendonca, Peter Jamadar and Peter Rajkumar ruled that Vijay Singh’s constitutional right to equality of treatment from a public authority was breached as the ministry had promoted his co-workers with the same degree in Resource, Recreation and Tourism from the University of Idaho.

In deciding the case, the judges looked at the promotion of three of Singh’s colleagues and questioned why he was treated differently. While they ruled that seniority may have been a factor, they said that should not have made him ineligible for promotion.

“No acceptable explanation has been given for the failure to treat him similarly,” Jamadar said.

As part of the ruling, the judges ordered that Singh receive compensation for his loss of opportunity at being promoted and for the inconvenience he suffered. They also declared that he should be eligible for promotion for the post of Assistant Conservator of Forests.

The compensation is to be calculated by High Court Judge Ronnie Boodoosingh, who dismissed the case, last year.

In the second limb of his lawsuit, Singh challenged the ministry’s delay in determining whether his degree was recognised as an equivalent to a degree in forestry, which was required for the post. While the ministry stated it was not, in a letter to Singh in 2014, it also sought clarification on the issue from the Public Service Commission. The ministry was unable to give an answer even as the appeal was heard.

The judges ruled that the ministry’s delay was both unfair and unreasonable.

They noted that in 2006, Singh applied to study at the University of Guyana but was told by the then Ministry of Science, Technology and Tertiary Education that his scholarship did not cover studies at that institution.

His decision to study in the United States was based on the ministry’s advice and because that institution was recognised by the Accreditation Council of T&T. As part of their judgment, the court ordered the Ministry of the Attorney General and Legal Affairs determine the status of the accreditation of the degree. They also ordered that the State pay Singh’s legal costs for the lawsuit.

Singh was represented by Anand Ramlogan, SC, Gerald Ramdeen and Ganesh Saroop.

Bail has been denied to an ex-soldier on five charges, including kidnapping, false imprisonment and robbery.

Jeremiah “Tears” Joseph, 32, of La Romaine, appeared before Magistrate Alicia Chankar in the San Fernando Second Court but he was not asked to plead to the charges.

The charges alleged that on March 18, he kidnapped Kayla Hills near a bar in Couva and took her to Bay View Boulevard, La Romaine where he falsely imprisoned her. It is alleged that he also assaulted her. Joseph faced a separate charge that on August 21, 2017, at Gulf View Link Road, La Romaine, he robbed Shantal Singh of $31,600, a $1,200 cellphone, a $1,500 ring, a $2,000 earring and a $5,000 chain.

The magistrate remanded him into custody and transferred the Couva matter to the Couva Magistrates Court for July 19. He has to return to the San Fernando Court on July 20 for the other matters.

A mother, her seven-year-old daughter and her husband were left homeless after a fire which destroyed their Princes Town home.

No one was at home when the fire broke out on Thursday evening.

Josanne Joseph, a floor manager, said she and husband, Adam Jairon, had just left their home at 1st Moonan Avenue, Manahambre Road, to run an errand. Her daughter, a Standard One pupil, went for lessons by her tutor. She said around 5.45 pm her neighbour called her phone with the bad news.

By the time they got home their two-storey house was already engulfed in flames.

Princes Town police and firefighters are investigating.

The Galleons Passage will not be sailing to this country immediately, as stated by Finance Minister Colm Imbert, but will remain in Cuba to allow remedial work which the seller agreed to complete, according to the National Infrastructure Development Company.

The new information was released in a statement yesterday and an estimated departure date of July 10 from Cuba was announced.

Earlier this week Imbert told the country that the Cubans were unable to retrofit the vessel and that the government had asked that it be brought to Trinidad and Tobago immediately.

Imbert told the Senate that the Government had taken a decision to “bring the vessel to T&T immediately,” because the seller said although fabrication of one of the canopies had begun, they were having difficulty in getting an airline or shipping company to transport some of the remaining equipment and materials to Cuba. Imbert said Cuba is still “an embargoed country for many countries. Cuba accepts shipments from some European states and doesn’t apparently make it very easy for shipments from countries like Australia.”

Yesterday, Nidco, which has the responsibility for the vessel, confirmed that works which the seller had agreed to do are being done in Cuba.

Those works were identified as: the sealing of the gap between the ramp door and the hull of the vessel, fabrication and installation of the framing for the forward canopy on the vehicle deck, to protect against sea spray and installation of additional anchor rings to secure vehicles on the vehicle deck.

Nidco said those works were “specified in the Memorandum of Agreement, between Nidco and Sealease Limited of Hong Kong (the seller), to better equip the vessel for use on the seabridge.”

The date is confirmed by Nidco which confirmed yesterday that the vessel remains docked at the Damen Shipyard in Santiago, Cuba where works agreed to by the seller Sealease Limited of Hong Kong are being done.

Nidco’s update included pictures of the installation of framing for the canopy on the vehicle deck and fabrication of framing for canopy on the vehicle deck.

Nidco said the works being done are the “contractual responsibility of the seller,” and “all associated costs” are being borne by the seller.

On completion Nidco said the works will be “surveyed by the Classification Society’s surveyor, Lloyd’s Register, prior to the vessel’s departure from Cuba.”

Nidco said on its arrival in Trinidad, the owner’s proposed enhancements will be done on a phased basis, while the vessel is in service.

These enhancements include the installation of full canopies over the sundeck, installing and outfitting additional male and female washroom facilities on the sundeck, installing café/bar facilities on the starboard and port side of the sundeck, remodelling of urinals in the men’s washroom and removal of the existing trough urinals provided, and installing of fixing rails for new seating on the passenger deck, with the existing bench seating to be replaced with Beurteaux passenger contoured seats.

Imbert had put a price tag of US$350,000 (TT$2.35 million) on the retrofitting works to be paid for by Nidco.