The issue of Petrotrin’s refinery closure—and possible union “busting” there—also arose in the Senate yesterday concerning Trinidad Cement Ltd’s retrenchment of 21 workers.

Labour Minister Jennifer Baptiste-Primus, replying to United National Congress Senator Wade Mark’s questions on this, said she received the retrenchment notification from the company yesterday. It was dated September 11.

“It gave formal notice of the retrenchment of the services of 16 employees on the basis of redundancy using the criteria, Last In First Out (LIFO),” Baptiste-Primus said.

“The letter stated the company had been engaged with the OWTU on the urgent issue of redundancy in good faith since September 2017 with a view to exploring the possibility of averting/reducing/mitigating the effects of the retrenchment. However, these attempts have proved unsuccessful.”

Baptiste-Primus said TCL also informed her that upon review of the original 24 redundancies identified, the company was able to revise these to 21 employees.

“However, they were only able to secure one suitable comparable position and four other alternative ones to which five employees could be redeployed or transferred.”

She said she hadn’t received any correspondence from the OWTU sharing information with her or requesting her intervention.

UNC’s Mark asked if TCL’s chairman was the same person as Petrotrin’s chairman—Wilfred Espinet—and if Espinet was involved in a “union-busting” move concerning the OWTU. The union has claimed an aspect of the Petrotrin refinery closure is a “union-busting” action. —Gail ALexander

The preliminary inquiry into the murder of former independent senator Dana Seetahal, SC, was delayed yesterday, as the accused men complained over not being served breakfast by prison officials.

The accused men raised the issue as the case came up for hearing before Senior Magistrate Indrani Cedeno at the Hall of Justice in Port-of-Spain.

Cedeno stood down the case to give the men an opportunity to consume lunch that is supplied by the Judiciary during hearings of the case. When the case resumed around midday, Cedeno adjourned it to next Friday.

The issue of the meals being served to the men while they are on remand was raised by defence attorney Mario Merritt earlier this week. Merritt, who is representing most of the accused men, claimed his clients were beaten by prison officers after complaining over their rations.

Cedeno advised Merritt to write to her officially so that she could convey his complaints to the Prison Commissioner.

Yesterday’s hearing was the last to be held at the Hall of Justice. The location was being used for the inquiry during the Judiciary’s annual vacation, which ends Monday with the opening of the 2018/2019 Law Term. The case will now return to its normal home at the Port-of-Spain Magistrates’ Court.

Additional hearings were initially scheduled during the vacation period in a bid to expedite the case, but the initiative was derailed as Cedeno was occupied dealing with an application calling on her to recuse herself based on alleged improper communication with Deputy Director of Public Prosecutions (DPP) George Busby.

Cedeno considered the application and rejected it on Monday.

Since the case started before Cedeno two years ago, prosecutors have tendered 50 witness statements into evidence and almost a dozen witnesses have come to court and given evidence before her.

The preliminary inquiry has encountered several roadblocks since reputed gang leader Rajaee Ali and 13 alleged associates were charged with the crime, a year after Seetahal was murdered on May 4, 2014.

Seetahal was shot dead behind the wheel of her SUV while driving along Hamilton Holder Street in Woodbrook.

Ali, his brothers Ishmael and Hamid Ali; Devaughn Cummings, Ricardo Stewart, Earl Richards, Stephan Cummings, Kevin Parkinson, Leston Gonzales; Roget Boucher and Gareth Wiseman were initially charged with the crime. They along with Rajaee’s wife Stacy Griffith, Deon Peters and David Ector were also charged under the Anti-Gang Act for being members of a gang.

In December last year, the murder charge was discontinued against Stephan Cummings, who was instead charged with conspiring to murder Seetahal. Ector was murdered earlier this year.

RADHICA DE SILVA

Hours after Princes Town businessman Aaron Hosein was robbed of over $.5 million in valuables, police arrested four suspects from Beetham Gardens in connection with the crime.

The accused, aged 19 to 22, were arrested by Northern Division Task Force officers during an exercise around midday yesterday.

Police raided several homes in a bid to find the stolen loot.

Hosein, 36, who owns JD's mall, was asleep at his Naparima/Mayaro home around 2.45 am on yesterday, when he was awakened to a loud crash. Two men about came into the bedroom and tied him up. They then stole TT$100,000 in cash, US$2,500, £3,500 and $250,000 in gold and diamond jewellery. They later forced Hosein to open a safe and also took his Glock pistol and 11 rounds of ammunition.

The four suspects spent the night at the Besson Street Police Station. They are expected to appear on identification parades today.

PC Neil Nanan is heading investigations.

Police have been called in to investigate a case of missing documents at the Port Authority of T&T.

Port chairman Lyle Alexander told the T&T Guardian yesterday that board minutes have gone missing but he refused to divulge details of what the board minutes contained, saying, “I cannot share that information. Suffice it to say that the matter is being investigated.”

The T&T Guardian was told that the discovery was made two days ago, as the documents “were not where they were supposed to be.”

Asked whether an office Cabinet or vault had been broken into, Alexander said all he could say is that “we had a breach and the matter is being investigated.”

However, he dismissed reports that the missing documents were related to the Super Fast Galicia. — Rosemarie Sant

Anna-Lisa Paul

Police Commissioner Gary Griffith will soon begin responding to the 13,000 plus people who have applied for permits to own and carry a firearm.

Speaking at yesterday's Policemen Can Cook Competition, Queen's Park Savannah, Port-of-Spain, Griffith said he will soon be addressing the current backlog.

He said the law does not state that the Commissioner of Police should decide to himself or herself "that I feel that everyone should have a firearm or everyone should not. It is not my say, it is not the say of previous commissioners of police or future. There is a law and the law states there is a qualification and if you adhere to the qualification, you are eligible."

Dismissing concerns by some who may find it inappropriate for certain individuals to carry firearms, Griffith said, "Then you have to change the law. Until then, my job is to adhere to the law and to adhere to my obligations to ensure that the law is enforced."

The CoP said he intended to deal with any and all applications that end up on his desk.

He said, "I may approve all, I may reject all. I may approve some and reject some."

He said people whose applications end up in the rejections pile, could seek redress before the Appeals Board. He said he was not afraid to appear before the board to justify his decisions.

Griffith said, "What I am not going to do is have all of these 13,000 persons on hold and not even have the common courtesy to at least explain to them what is being done."

Workmen of Junior Sammy Contractors Ltd removed the cross that once stood atop the majestic, gothic-designed Holy Trinity Cathedral on Independence Square Port-of-Spain, yesterday.

The damaged cross was just one of the many exterior embellishments defaced during the August 21, 2018, massive 6.9 earthquake that rocked T&T.

In a telephone interview with the cathedral’s structural restoration engineer, Danielle Steele, she explained the removal of the cross was delayed following the tremor, as there were some challenges in getting the right equipment that would have been able to reach the cross. She said Junior Sammy was able to supply them with the equipment yesterday, which they were thankful for.

Asked if she knew when the cross would be replaced, Steele said that information was not available at present.

“We do not have an idea when it would be replaced, so right now we are taking it down for emergency repair works so that it would not fall, should we experience another earthquake.”

Asked if she also knew the overall cost of fixtures, Steele was unable to provide a definite figure. She said they were estimating based on the cost it took to repair the Roman Catholic church, St Francis of Assisi, Belmont, which was in the vicinity of $60 million, they would project the cost for structural fixtures to be approximately around $75 million.

“All of that is unsure until we actually do the survey and are able to properly assess what work needs to be done. Only then can we have a definite figure,” said Steele.

She also could not say exactly when a thorough audit of the church would begin to determine cost but indicated it would be soon.

The cathedral has remained closed until emergency works are completed. As such, weekly general mass services are now held at The Labyrinth and the Garden of Peace on Abercromby Street, Port-of-Spain, while Sunday services take place at City Hall on Knox Street, Port-of-Spain.

It's critical for refinancing of Petrotrin's (US)$850 million bond payment to be done without delay and requests for proposals will be issued next month, says Petrotrin chairman Wilfred Espinet.

“With the process in train now, we anticipate we should have an idea of where the matter stands in about two months," Espinet added.

Espinet spoke to the Guardian yesterday after Energy Minister Franklin Khan rejected the Oilfield Workers' Trade Union's plan to save the embattled company. Khan said Government has started preliminary discussions to refinance Petrotrin's (US) $850 million bond.

The international bond, which involves foreign investors, is one of the priority issues facing the company whose refinery Government intends to close in two weeks. Citing losses, an August 28 Petrotrin statement stated the plan is to end its Pointe-a-Pierre oil refining operations and entirely redesign its Exploration and Production section to curtail losses and "get Petrotrin on a path to sustainable profitability".

The statement added, “Approximately 2,600 permanent jobs will be affected—the redesigned Exploration and Production business will have approximately 800 workers and all 1,700 jobs in refining will be terminated.”

The company has cited the bullet repayment on the (US)$850m bond—due in 11 months—among Petrotrin's major financial challenges. That bond was obtained in 2009 for the Gas Optimisation plan. Petrotrin also has a (US)$750m bond repayment due May 2022. That was obtained in 2007 for the Ultra Low Sulphur diesel plant.

After Khan spoke on the refinancing move last Friday, Espinet said they are already in process “testing the temperature”—doing various models and examining what options are available and what needs to be done.

”Then we'll issue a request for proposals for refinancing by October. It will take a little time but we anticipate that within the next two months we should have an idea of where we are on the situation.”

The team is working to ensure no delays on the matter. Espinet said the matter was urgent. He said if T&T cannot demonstrate the ability to have a solution on the refinancing, it could affect this country's national debt and have negative economic consequences. "Foreign investors must have confidence in our systems," he added.

Espinet explained refinancing wouldn't halt the refinery closure since the closure was a necessary part of the refinancing process and it was out of that model, the Board would present its position to financiers.

The closure was also the basis on which the restructuring of the company had to be done, he noted.

No talks yet on separation packages

After Government's final declaration last week that the refinery will be closed, Prime Minister Keith Rowley mandated that company and union start working out workers' separation packages.

With the clock ticking to the October 1 refinery closure date, Espinet said financial and psychological counselling was being provided to workers, but talks with OWTU on the packages haven't started yet. “This (packages) must go through a process—we need to talk to the union first.”

His Board meets Wednesday with OWTU—but that's on OWTU's plan to save the company.

Espinet said his team has been working out OWTU's plan to assess the viability of its numbers and model since that wasn't evident.

Noting part of the proposal calls for the increased number of workers, he said his team had done an exercise which showed that even with reducing refinery numbers to a minimum—by approximately 47 per cent—it still couldn't make money. Espinet said he understood clearly when he took the chairmanship last year, that his job would be tough.

'House of mourning inside Petrotrin'

Yesterday, OWTU's Education Research officer Ozzie Warwick said discussions with the company on workers' separation packages "...Is not on our (OWTU) agenda. We're focusing on trying our utmost best to get our plan to save the company in motion and save the entire entity so it would not come to a point of needing to cut jobs and give workers separation packages."

Petrotrin (Trinmar) worker Chankar Teelucksingh said, "The feeling inside Petrotrin right now is like a house of mourning when someone dies—people are in a state of uncertainty, don't know what's going on. We're unsure of what the separation aspect may involve, what people may get or how.

"There are concerns about workers' medical and pension plans, study grants, and what'll become of their housing benefits (for people with mortgages) and letters of commitment if we go to financial institutions."

Outside of Petrotrin, some suppliers to the company yesterday expressed concern about getting paid for their goods before the October 1 refinery closure. A few have considered holding back goods until they get a letter of assurance from Petrotrin that payments will be made and any order that cannot be delivered by month end will be cancelled.

Curtis Williams

State-owned Petrotrin will retrench all its workers and not just those in the refinery as was previously announced. It means that all its 3,500 permanent staff will lose their jobs.

This was confirmed yesterday by Petrotrin’s chairman Wilfred Espinet, who in an interview with the Sunday Guardian admitted that the retrenchment was double the 1,700 that was previously announced.

He also raised the possibility that the new Exploration and Production Company could have a strategic partner as it tries to go after the existing oil and make profits.

Espinet said the decision was taken to “wipe the slate clean” and ensure that the new E and P Company was not “saddled with the baggage of the old Petrotrin”.

“We want to wipe the slate clean. We want a new company that will have no baggage and will be in a position to generate cash flows to pay its debt and make a return to the shareholder. In sending home all the employees we avoid contention on why one person was allowed to stay on and another let go. Plus we will need people with certain types of knowledge and skill sets that may not now exist in the organisation, so we felt we should terminate everyone,” Espinet told the Sunday Guardian.

Asked if this meant that the Oilfield’s Workers Trade Union would no longer be the recognised trade union in this new company, Espinet said, “You will have to ask them that yourself.”

Last month, the decision to shut down the refinery was announced and at that time it was revealed that the 1,700 workers in the refinery would be retrenched.

I have no agenda, I did not come here to lick up the OWTU!—Espinet

Espinet said finding a private partner for the new E and P was a distinct possibility, “You know this business much better than me and people tell us that we could significantly increase crude production, and that is great, but to do that, I know it will cost a lot of money which we do not have. So I am thinking we can have a partner in the company, we may have a partner to do specific things in specific areas. What I am saying is that there are many possibilities.”

The OWTU has accused the Government of shutting down Petrotrin in an effort to sell it to the private sector.

The chairman also tried to defend the decision to shut down the refinery despite both the Lashley and Solomon reports never calling for it to be closed.

Espinet had previously relied on both reports as studies the Petrotrin Board used in its decision to close the refinery.

He said, “Yes, we relied on both those reports to help come to a decision and yes, neither called for the refinery to be closed. The Lashley report called for a change to the governance process at Petrotrin to ensure that there was no governmental interference, and to make it profitable. While the Soloman report benchmarked the refinery and looked at manpower needs.

“I did not bring in Soloman, they were there before me and that report would have seen a reduction in the staffing at the refinery by close to 50 per cent and E and P by 60 per cent. It would have required the workers to perhaps take a reduction in pay and benefits and a change in their productivity levels. Did you see the OWTU agreeing to that? And even after all of that, we needed billions just to make the refinery break even.”

The Petrotrin chairman said the Soloman report did not have the numbers in terms of the debt and the cost of a smaller workforce and when the numbers were added the company and the country simply could not finance it and it was then the decision was made to shut down the refinery.

Espinet insisted he was not brought in to “lick up the OWTU” and that the situation had caused him significant personal distress, but that he was doing what he felt was in the best interest of the company.

“I have no agenda, I did not come here to lick up the OWTU!” he added.

BOBIE-LEE DIXON

(bobie-lee.dixon@guardian.co.tt

The identity of the interviewee in this article has been withheld for security and legal reasons. As such, an alias was provided.

It's been three years, but the pain and grief are fresh as ever and the tears continue to flow from the eyes of Cherri Morton.

“No day is the same. I keep wanting to see my son walk through my gate with his big smile and my granddaughter in tow,” she tells the Sunday Guardian.

But Morton believes with the slow justice system in T&T, she may have to wait a lifetime before she could hug her son again.

In April 2015, Morton got what she describes as the worst news of her life. Her eldest of four children, a former sprinter who once competed at national level, had been arrested, charged and remanded for murder, in what she depicts as a bizarre twist of events, that she claims, all points to him being innocent.

“He was never even placed on an ID parade and we were told by the police, he was not a suspect. So I don't understand why my son still lock up and they know the truth,” Morton says while trying to fight back tears.

Since her son was incarcerated, Morton has suffered bouts of depression and has been unable to keep a steady appetite. She said the only thing that has kept her is her faith in God and prayers from the congregation at the church she attends.

For Morton, her son was like the pride of the family. She said he had broken many cycles in both his family and the community in which they lived. He was the first to attend a prestige secondary school after writing the then Common Entrance Exam, now the Secondary Entry Assessment (SEA). In 2009, he almost won an Olympic qualifying 100-metre race but his “would be” big finish, was pre-empted by a hamstring injury.

Not only was his family torn by his arrest and incarceration, but Morton said it was also a difficult pill to swallow for people in the community, his coach and employer, all of whom were shocked and pained by the unfortunate event.

“The first thing everybody said, was 'Nah, not he,'” recalls Morton.

But worst of all, she said his daughter, who was five-years-old at the time of her father's arrest and imprisonment, has been left with a void no one can seem to fill.

“She knows that he is in prison, but we have never taken her to see him because he doesn't want her to see him like that,” Morton explains.

“It's a tough and heart-breaking thing to see her cry, she adds. She is always asking when is he going to come home.”

Since her son's incarceration, it has cost the Morton family over $85,000 in legal fees while their loved one still awaits a trial.

“This is so distressing and my son is only there for three years. I can only imagine mothers whose children there for longer periods and can't get a trial. Whether they innocent or guilty, these people deserve timely trials. But this kind of thing is like making everybody guilty. You're serving time without reaching a verdict,” Morton laments.

The rippling effect of a delayed justice system

There are social, economic, psychological, and emotional effects on the family when a member is incarcerated. According to The Scottish Centre for Crime and Justice Research, this is to be understood as collateral or ripple effects of imprisonment.

Its findings state families experience emotional distress even with the temporary loss of a loved one from the family home or family life. Sharing special occasions, holidays, and family events or even just having a meal with the incarcerated family member are lost and can induce feelings of grief.

Its research also looked at the issue of social stigmatisation. It found not only is the offender denounced but also families are often viewed as guilty by association, even though they are legally innocent. This it said is to be termed as courtesy stigma or stigma by association.

According to the centre, imprisonment also forces double time for partners of prisoners who now have to perform the duties and roles of two, particularly where the incarcerated once played an active and vital role.

Imprisonment can also heighten existing socio-economic disadvantage for families, as it tends to inflict financial strain on them in the forms of legal fees, costly visits and even the funding of children left behind.

Children of incarcerated people can experience low self-esteem; mental disturbances; lengthy periods of depression and withdrawal; anxiety disorders; paranoia; heightened anger and rage; loss of identity and they can also be stigmatised, teased and bullied by their peers. The research also found over a long-term period, children of prisoners are three times more likely to engage in anti-social or offending behaviour than their peers who do not have an incarcerated parent.

Secretary of the Association of Psychiatrists Varma Deyalsingh, in a telephone interview, told the Sunday Guardian the agony in waiting for others to decide their relatives' faith, would lead even the most stable individuals to have some anxiety.

“We must be aware that family relationships are considered fundamental not just to the health and well-being of prisoners and families, but to the community and country at large. The delays in the judicial process bring unnecessary mental stress and burden not just to the frustrated prisoner but to the relatives caught up in this institutional system failure. The judicial system which decides guilt and innocence of persons are themselves guilty of increasing the mental burden of our citizens.”

Flashback

In 2015 former Justice Minister, Herbert Volney had said in an interview with the T&T Guardian that there were 500 murder cases awaiting trial, which would take the country's nine criminal judges (currently ten), over ten years to deal with what is already in the system, using the maximum production of the courts.

The severity of the backlog and the impaired justice system was further highlighted when former chief magistrate Marcia Ayers-Caesar, on April 12, 2017, was sworn in as High Court judge. Ayers-Caesar had accepted the elevation without completing 53 criminal cases previously being heard by her.

Subsequently, a decision was taken to have the cases start afresh—a directive that came from Chief Justice Ivor Archie, after a meeting with Director of Public Prosecutions Roger Gaspard and then acting Chief Magistrate, Maria Busby Earle-Caddle. Ayer-Caesar eventually resigned as a judge on April 27, 2017. On June 1, 2017, this caused mayhem among prisoners at the Port-of-Spain Magistrates Court whose matters had come up for hearing that were previously being heard by Ayers-Caesar.

In an act to mitigate the calamity involving the 53 part-heard matters, Attorney General Faris Al-Rawi proposed legislation—the Miscellaneous Provisions (summary Courts and Preliminary Enquiries) Bill 2017.

Essentially, as previously explained by Al-Rawi, the bill proposed to “create the power” for another magistrate to conduct a “new trial or continue the trial with consent of parties,” when the presiding magistrate cannot complete it for whatever reason.

Renuka Singh

Four employees at the Urban Development Corporation of T&T (Udecott) are now on administrative leave after a clash over the landscaping contract at the unopened, never used Couva Children's Hospital.

The contract, costing Udecott some $45,000 per month, was awarded to Trinidad and Tobago Landscaping Company (TTLC) which is owned and operated by Natalie Gabriel, wife of known People's National Movement (PNM) financier and supporter Andrew Gabriel.

The Sunday Guardian understands that the four employees were sent on leave pending the outcome of an investigation into how TTLC lost the maintenance contract at the facility. The four included two tender secretaries, the facility manager and two procurement officers.

The Sunday Guardian understands that Gabriel's company was awarded the contract in January 2017 for six months and got a six-month extension. When that extension expired, the facility manager at the Children's Hospital awarded the contract to another company, but that contractor was only on the job for one day before he was sent packing. The contract remains with Gabriel's company.

The Sunday Guardian received two letters issued internally at Udecott and in one of the letters the now suspended facilities manager at the Couva Children's Hospital had to explain the process that led to Gabriel's company losing out on renewal of the contract.

According to the letter, dated September 10, 2018, the TTLC was advised in January 2018 that the contract would expire that month and that a new Request for Proposal (RFP) process would be started.

The TTLC was thereafter retained on a month-to-month basis until Udecott initiated a new RFP process. However, TTLC claimed they were never informed of such a process and in the iterim, a new company was awarded a contract for the facility. But even before this new contractor picked up work, a third company was offered the same contract and turned up at the Children's Hospital to start work.

"On the morning of 6 September 2018 at or around 6.15 am, I was informed via a mobile call from the Facility Assistant that there was a contractor (named) at the main entrance to the facility requesting access to commence works," the letter stated.

The facilities manager said he denied that company access because it was never communicated to him that a third contractor was awarded the job.

He described a flurry of phone calls between himself and Udecott's office before letting the new contractor on the property.

"On perusal of the contract, I concluded that it was indeed a legal instrument," the facility manager said.

According to the letter, he let that third contractor on the compound at that time. The facilities manager also communicated to a TTLC on-site representative that their contract was terminated.

"It was verbally communicated to the on-site representatives of the Trinidad and Tobago Landscaping Company that a new contract was awarded to a new vendor and arrangements be made to de-mobilise from the site," he said.

The facilities manager, in the letter, said hours later he was "interrogated" on the RFP that gave the job to another contractor and the third vendor was dismissed.

Mixed messages from

There seemed to be mixed messages coming from within Udecott, as both the chief executive officer and the chairman offered differing explanations for the four suspensions.

On Thursday, the Sunday Guardian emailed Udecott seeking confirmation on the investigation. The communications department indicated that questions would be sent to the company's CEO Frank Barnes.

In a telephone follow-up on Friday, Barnes confirmed that four people were sent home but denied that it was in connection with the Couva Children's Hospital.

"It's an internal matter, I don't see why the media needs to be involved in this," Barnes said.

When told that as a state company utilising state resources, Udecott was expected to operate transparently, Barnes promised to make a formal response.

Later that day, the communications department said Udecott is "currently undertaking an internal investigation into the existing process relevant to the award of contracts at one of its facilities".

"The core objective of the investigation is to assess the reliability and effectiveness of Udecott’s current system from start to finish, more so to clearly identify all potential gaps that overall, could adversely impact the final outcomes," Udecott said.

"From a purely systemic perspective, it was decided that to achieve maximum benefit from this particular evaluation, such close review should be conducted independently of the persons who—on a day to day basis—operate the system."

But Udecott chairman Noel Garcia seemed to have a much different impression of the internal investigation.

In a subsequent telephone interview, Garcia confirmed that the four suspensions had everything to do with TTLC contract at the Couva Children's Hospital.

"Yes, they were sent home pending an investigation because of the contract at the Couva Children's Hospital," Garcia said.

He said Gabriel's landscaping company won an open tender two years ago to maintain 25 acres surrounding the Children's Hospital. He denied that the contract was granted for six months and then renewed for another six months. He said that TTLC lodged a formal complaint when they lost the contract.

"The company said that no one contacted them to let them know that the contract was up and they were not given the option to re-tender," Garica said.

He said preliminary investigations seem to support Gabriel's company's claim that there was no communication informing them of the end of their contract. He said the four employees may have bypassed Udecott's usual process and procedure.

"In the meantime, the status-quo remains," Garcia said, explaining that Gabriel's company will keep the contract until the matter is resolved.

"I am satisfied that management did the right thing and the matter needs to be investigated," he said.

BOX

Gabriel's lawyer confirms six-month contract

The Sunday Guardian contacted Andrew Gabriel, who directed questions to Jennifer Gonzales, the company's on-site manager at the Couva Children's Hospital.

Gonzales later informed the Sunday Guardian that the company's lawyer, Michael Quamina, would be responding to the questions.

In a subsequent email, Quamina said that TTLC had been invited to tender on many occasions and has been successful on one occasion. But there seemed to be further confusion over the time span of the contract, as Quamina contradicted Garcia and confirmed that TTLC had only a six-month contract which was extended when that time expired.

"The successful tender was for the landscape maintenance services for a part of the grounds at the Couva Hospital. The contract for the works, the term of which was six months, was awarded on January 9, 2017, and at the end of the term, TTLC was requested by Udecott to continue the services, and it complied at the original tender price," Quamina said.

Quamina said that on September 5, 2018, TTLC was, without any notice, prevented from entering the compound of the Couva Children’s Hospital, and was informed for the first time, that a contract had been awarded to another contractor.

"This event was followed by an email from Udecott the next day, terminating TTLC," he said.

"TTLC, as one would expect, made inquiries as to what led to this sudden decision, especially in circumstances where there were no issues with respect to performance, and as far as it was aware, there had been no tender process with respect to the issuance of a new contract for the works."

Quamina said TTLC was subsequently contacted by Udecott’s legal department, inquiring as to whether or not it was invited to participate in any process with respect to the award of a new contract for the works. He said Udecott was advised by TTLC that as the existing contractor on site, it was not made aware of, nor had it been invited to participate in any such process.

"Following that inquiry from Udecott, TTLC was requested to return to the site," he said.

State-run Udecott is expected to wrap up its internal investigations within the upcoming week.

Joel Julien

Ten years ago on this day, just over a month after celebrating his 48th birthday, Ivor Archie delivered his first address at the ceremonial opening of the law term as this country's Chief Justice.

Archie had been appointed to the position on January 24, 2008, creating history as the youngest person to have assumed that position in T&T.

His appointment to the post came at a time when his predecessor as this country's substantive Chief Justice Sat Sharma had evaded impeachment proceedings.

Archie defended Sharma's legacy in that opening address:

"First, of course, is Chief Justice Sharma who retired in January of this year. I would not wish the controversy that marked his last years at the helm to detract from the contribution he made during a long judicial career. During his time on the bench he delivered a number of landmark decisions and his tenure at the helm of the administration of justice featured such milestones as the implementation of the new Rules of the Supreme Court, the introduction of Audio Digital Court Reporting, the acquisition and refurbishment of a number of new judicial facilities and the introduction of the Family Court Pilot Project among others. His championing of the issue of the modernization of the Magistracy was a clarion call that led all the efforts to bring the administration of justice into the 21st Century. We wish him good health and a long and happy retirement."

Now as the judiciary prepares to celebrate the ceremonial opening of the 2018-2019 law term, Archie's 11th at the helm, his legacy also seems to be under threat.

The past two years have been a turbulent one for Archie with several personal and professional issues coming to the fore resulting in some of his senior staff being divided over his leadership.

The latest challenge to his leadership occurred in July before the High Court went on vacation when two High Court judges, Justice Frank Seepersad and Justice Carol Gobin, accused Archie of abusing his power by issuing a press release via the Judiciary in response to a private matter he currently has before the Privy Council.

Archie’s use of his office in this private matter has been deemed “inappropriate and unacceptable” by the judges.

However, in response to concerns raised, Archie told his subordinates that their time would be more productively employed attending to their own jobs and allowing him to attend to his.

The latest tiff between Archie and his subordinates came following the Privy Council’s decision to reserve its judgment in the matter of the Law Association of T&T (Latt) versus Archie to a date to be determined.

This controversy surrounding Chief Justice Ivor Archie arose late last year in a series of newspaper reports which accused him of attempting to persuade judges to change their state-provided security in favour of a private company where his friend and convicted fraudster Dillian Johnson worked. Archie was also accused of attempting to fast-track Housing Development Corporation (HDC) applications for his friends.

Archie only responded to the allegations once, where he denied discussing judges’ security but admitted to suggesting people for HDC housing. Archie has repeatedly refused the association’s request and calls from colleagues to directly respond to the allegations since then.

In November last year, the Council of Latt called on Archie to respond to the allegation that he discussed the judges’ security with a private individual. The association’s council then appointed a sub-committee to investigate the allegations and sought the legal advice of two eminent Queen’s Counsel to determine if the allegations were sufficient to trigger impeachment proceedings under Section 137 of the Constitution.

Archie is currently challenging the Latt matter at the Privy Council.

The Latt had previously passed a motion of no confidence against Archie for his bungling of the appointment of former Chief Magistrate Marcia Ayers-Caesar to the post of a High Court judge, which also resulted in legal action being taken.

Eight years ago a chorus of dissension began to rise up

Eight years ago on this day when a chorus of dissension began to rise up against Archie as he used his address at the ceremonial opening of the law term to take aim at his naysayers.

"I am conscious that without my deliberately setting out to have that effect, some people may be a little offended by things I have to say, but by the most generous of reckonings I am more than halfway through my life and my tenure now, and I have come to that age and quiet pass in life where I lose no sleep. In a country where the national pastime is tearing each other down, I have no difficulty reminding myself and every other leader that our job is to lead and the job of talk show hosts is to talk. And as for social media commentary, why waste energy?

"Last year I talked about common sense. There is something else that is in equally short supply, and that is the vision. By definition, those who possess and deploy it will be the minority in every society. Chickens will scratch on the ground making noise over scraps and will always outnumber the eagles that have the benefit of a different and broader perspective. With that benefit comes the burden of being misunderstood and criticized, and the higher the eagle soars, the smaller it seems to the chicken. I can’t make eagles out of chickens"

"All of those of us who are in leadership positions must seek consensus and try to help others to understand and embrace the vision, and that involves explanation, consultation and sometimes persuasion, but at the end of the day, as Professor Liverpool said in another song, the driver must drive and everybody else must either push, sit tight or get off the bus!"

When Archie delivered his address at the opening of the law term last year he mentioned the challenging times he had to face during the year.

"The 2016/2017 term has been a challenging one and there is no reason to believe that 2017/2018 will be any different. However, in so far as we create the future that we inhabit by the choices we make, I face it with unbridled optimism in our capacity to overcome and to excel, no matter what comes our way," Archie said.

It will be all eyes on Archie as he delivers his eleventh address at the ceremonial opening of the law term tomorrow.

This year will also be President Paula-Mae Weekes' first ceremonial opening of the law term since her appointment.

Weekes is not a stranger to the ceremony however, after having served in the judiciary for two decades.

Weekes retired from the Judiciary on August 31, 2016. She was appointed President in March.

Rhondor Dowlat

A Missing Persons Unit (MPU), with specialist investigators, is critically needed in T&T to deal with the scores of missing persons cases and to also deal with cold cases. The former head of the National Operations Centre, Commander Garvin Heerah said the unit was necessary as there was a distinct difference between kidnappings/abductions and missing persons.

According to 2015 statistics, the T&T Police Service (TTPS) investigates an average of 750 “missing persons” cases annually. It is believed that that number has significantly increased.

From January 2002 to April 2018, there have been 389 kidnapping cases for ransom reported in T&T. From January 2013 to April 2018 there were 533 cases of kidnappings reported.

Heerah said both demanded different approaches, procedures, and best practice.

Heerah, an expert in Homeland Security and Safe City Concept, said the dedicated MPU needed to be equipped with modern tools of the trade and “aligned with an international counterpart that can provide training and development in practical investigation scenarios”.

Heerah's call for an MPU comes just days after the rescue of Natalie Pollonais from the hands of abductors. Pollonais was snatched after leaving the gym at C3 Centre in south Trinidad, and under the guidance of Commissioner of Police Gary Griffith she was extracted days later.

Heerah explained that missing persons investigations was not just simply about locating people you cannot find. He said even though there had been countless cases of runaways and fleeing from emotional abuse, there existed legitimate criminal links in people termed “gone missing”.

“Police do the very best they can, but let's be honest, they have to prioritize based on the escalating crime rates we have today,” he said.

Heerah strongly believes that the existence of cold cases was also posing a significant challenge to the TTPS, especially with limited specialist manpower resources.

He suggested that police investigations could be aided by families hiring private investigators who can dedicate resources to finding a missing person.

“Private investigators can start looking for a missing person as soon as you become worried, immediately in other words, whereas local law enforcement must wait until a period of time has passed before someone can be reported as actually "missing," Heerah said.

“This is unfortunate because in many cases, by policy and procedure the missing child or adult can be fatally harmed before law enforcement has the opportunity to even respond,” he added.

These types of investigations, Heerah said, demanded intense research skills and crime mapping (the re-creation of crime scenes, in the case of cold cases) that warranted specialism and best practices.

“The importance of this initiative, however, is it must be success driven and involve consistent interaction and dialogue with family.”

'The first few hours critical'

Griffith recently explained that with regards to kidnapping cases, the first few hours were critical but added that there was a greater possibility in which that person can be rescued.

Whereas with missing cases, he said it was “a bit more difficult”.

The CoP preferred not to discuss any specific amendments to the structure of the TTPS without liaising with the relevant officers and until completing research.

However, Griffith assured that the recent high technology used in the “extracting” of Pollonais, the same will be used in any other cases. He also gave the assurance that no missing person cases were closed.

“It is irrelevant as to geographical location, ethnicity and wealth…the same effort put in for Mrs Pollonais will be done for any other case to ensure that each and every person is brought back to their loved ones,” Griffith said.

“A few days ago an MP approached me about a missing person and he asked if we are going to put the same effort and we did and the police found out that the person ran away with a friend but every single person who is missing within the first 24 hours, we would do everything with our resources to ensure they are brought back to their families…No missing person report is closed until there is closure.”

Griffith revealed that soon there will be the revamping of the E999 Unit where there will be a new fleet of over 100 vehicles. He also emphasised that these vehicles will be equipped with technology. “This will work towards deterrents, rapid response, and high visibility…this unit will assist in the reducing of crime and in the taking away of the perception and fear of crime.”

Side Bar

Kidnappings for Ransom

2018 - 4

2017 - 6

2016 - 3

2015 - 4

2014 - 3

2013 - 3

2012 - 5

2011 - 2

2010 - 4

2009 - 6

2008 - 11

2007 - 155

2006 - 17

2005 - 58

2004 - 28

2003 - 51

2002 - 29

Side Bar

Kidnappings

2018 - 44 (Up to April)

2017 - 102

2016 - 75

2015 - 106

2014 - 94

2013 - 112

Agriculture Minister Clarence Rambharat says it is no secret that he wants a pay increase because of the significant workload.

“I would like to be paid more, honestly, and it is not a secret I have said it in numerous debates in the Parliament,” said Rambharat on Saturday at the launch of the Agricultural Development Bank (ADB) south branch and the re-introduction of the Mobile Banking Unit at Gordon Street, San Fernando.

Noting the ADB’s recent wage negotiation settlement, the minister said, “With increase comes expectations.”

He said he receives at least 100 messages on Facebook daily from people with most of the messages beginning with “I want” or “I need.”

He said that was a culture in this country perpetuated by politicians.

“We hold ourselves as the ones who could give and deliver and do everything. We behave as though public service does not exist,” Rambharat said.

He said a Member of Parliament, who is not a minister or a parliamentary secretary, and a graduate assistant receives a $17,000 salary.

He said, “A Member of Parliament basically does not sleep. The demands are significant. I am not even talking about the time on the road...$17,000. A senator, not like me, I don’t complain too much because I am a minister, a senator without a portfolio gets $14,000. This week I have been in the Senate on three occasions, on one occasion in a debate that lasted 13 and-a-half hours. So that I am not complaining about me, but I am saying I am sure that a lot of my colleagues believe that they should get more money. I believe that Senators and MPs without ministerial portfolio should be paid a far better wage.”

While not always people will feel fully compensated, the minister said, “I am sure on many days you will feel fully rewarded in what you have been able to do.”

On the issue of land tenure, the minister said there were about 30,000 files at the Land Management Division and everyone has a role to play.

“I heard someone say that Dr Rowley should serve another 40 years, well 40 will not even help me. It is an enormous exercise,” he said.

He suggested that farmers’ groups and the ADB forward names of farmers who needed assistance with land tenure.

ADB’s chairman Winston Rudder said the ADB might have to review its business model which is wholly and solely dependent on state funding.

He said, “Whether that is a sustainable model as we move ahead over the next 20 years and the expansion that we expect in the agriculture community, in the fishing community, in the agri-business community, the size of loans that we will be expected to deliver, could we continue to depend on yearly subventions from the state? That is a question that we need to address as we craft our strategies for the future,” he said. See Page A8

Parents of 18-month-old Sheenece Jackson, who needs an urgent liver transplant, will be heading to the Ministry of Health today to seek an audience with Minister Terrence Deyalsingh.

“We are racing against time right now. Everyday her condition is deteriorating,” lamented mother Lystra Jackson.

Jackson and her husband Sheldon will be taking with them all Sheenece’s documents, including the letter from Dr Carlos Luque of the ETHE Foundation in Argentina stating that he is willing to accept the ABO incompatible donor, to present to the minister.

An ABO incompatible donor does not match the same blood type as the patient. Sheenece was diagnosed with cirrhosis of the liver at birth.

“We are going ask the minister to intervene and have the ETHE Foundation reinstated as a medical institution used by the Children’s Life Fund Authority (CLFA),” said Jackson.

She said in November 2017 they dropped in Sheenece’s medical documents, minus the donor documents which was dropped off this year July and had been in constant contact with the authority which was aware that they were liaising with Luque.

However, the parents were informed in August that the authority had suspended its business with the foundation.

In an email response, CEO of the authority Selma Valentine-Ramdin said given the Jacksons difficulties in finding a donor, the clinic had opted to go with an ABO incompatible donor just prior to the July application.

She explained, “Given that a donor was identified, an application was made to the CLFA in July 2018. Assessment of centres then begins for the best care plan to be established, based on the medical reports and tests submitted. It should be noted here that the process and advice given to the clinic is independent of the process that takes place at the CLFA, one of the reasons is mitigation of bias.”

Valentine-Ramdin noted that it is challenging to find transplant centres that are under the CLFA $1million funding ceiling as the price in many centres in North America and England start at TT$2 million.

In Sheenece’s case, she said, centres now have to be examined based on their experience with ABO incompatibility donor “as post transplant management in this scenario is specific and absolutely critical.”

With regards to the Foundation ETHE, she said, “As far as we are aware, the hospital that Fundacion (foundation) ETHE takes our children to, does not have any experience with liver transplants having ABO incompatible donor. Thus, as indicated before, we are trying to find a centre which has experienced good outcomes to assist in managing these risks.”

She said all the cases sent to that institution thus far were with compatible donors. On whether CLFA is no longer doing business with the foundation, she said, “There are some concerns that we have raised with them, and are currently awaiting a response from that institution.”

The Opposition is calling on the Financial Intelligence Unit (FIU) to conduct an investigation as it relates to the transaction of the Galleons Passage.

The UNC is also reiterating its call for the Government to make the Dunn and Bradstreet Report on the vessel public.

The UNC held a midday news conference yesterday to deal with three issues— the Galleons Passage, Petrotrin and the Sandals deal in Tobago.

Opposition Senator Wade Mark spoke on the Galleons Passage, Senator Gerald Ramdeen spoke on Petrotrin and Senator Saddam Hosein spoke on the Sandals project.

The Opposition is alleging that it has seen the bill of sale for the vessel which indicates that it was sold to the Government for US$ one dollar, but for which a cheque of US$17.4 million was subsequently paid to Sea Lease Ltd and was signed by Stuart Ballayntyne.

Mark questioned what he called “the deviation.”

He noted that when the Memorandum of Understanding was signed on January 12, 2018, between Nidco and Sea Lease of Australia, “we saw the signatories as Stuart Ballayntyne and one Dawson as a witness and for Trinidad and Tobago Nidco we saw Esther Farmer and Mr Herbert George representing Nidco.”

But what he found “interesting” according to Mark, is that “all future communications and discussion on the Galleons Passage should be referred to Vishnu Dhanpaul of the Ministry of Finance, we find that a very strange development.”

Mark has called on Finance Minister Colm Imbert to clear the air on the matter.

Mark said the UNC saw the Bill of Sale for the Galleons Passage and it raised further concerns “why on the one hand the Bill of Sale said Stuart Ballayntyne sold the vessel to the Government of Trinidad and Tobago through Nidco for one dollar and on the other hand the same Stuart Ballayntyne signs a document with his passport number, his full name, his status as a director of Sea Lease for US$17.4 million.”

Mark said in light of this, the UNC is calling on the FIU to conduct an investigation into the matter. “All is not well as it relates to this transaction,” he added.

Mark also again raised concerns about the companies involved. He said the first company was “Sea Transport of Australia, it is the operational arm of the Ballayntyne Group, when it came to payment we moved from Sea Transport to Sea Lease which has only one shareholder Sea Management Corporation Services and is held in Trust for the Dawson and Ballayntyne families.”

Mark said although the Galleons Passage cost taxpayers “US$ 18 million or TT$125 million, since it was purchased and signed off on January 12, 2018 it is yet to make its maiden sea bridge voyage carrying the number we were told it will carry 700 passengers and close to 100 vehicles.”

He said, “Not even the Cabinet is brave enough to venture on a sea trial.”

Mark declared that it was the “fraud of the century,” as he accused the government of “perpetuating a hoax on the nation.”

“Today represents just over two months since the Dona Mercedes rechristened the Galleons Passage came into the Port-of- Spain Habour, there have been two sea trials,” the latest of which was on Saturday. Mark said the vessel is costing the country more money “if you don’t remember eight million dollars was allocated to establish ramps at the ports at Scarborough and Port of Spain to facilitate the vessel.”

Mark called on the Prime Minister and the Ministerial team which was appointed to source a vessel for the seabridge which included finance Minister Colm Imbert to tell the country “when it will be able to make the maiden voyage with passengers.”

Efforts to contact Finance Minister Colm Imbert proved futile.

See Page A7

Education Minister Anthony Garcia is dismissing as “untrue” reports that 27 schools remain closed following the August 21 earthquake.

Garcia told the T&T Guardian yesterday only five schools remained closed and all efforts are being made to ensure that those schools are opened as early as this week in some instances.

Minister in the Ministry of Education Lovell Francis, who also spoke with the T&T Guardian, said the Guayaguayare RC School will be opened today while classes at San Juan North will start by tomorrow and classes will resume at the Barrackpore East and West Secondary Schools by Wednesday.

Francis said the Santa Maria RC School will be temporarily moved to his constituency office.

Repairs are being done to the St Benedicts College to ensure that teachers resume duty soon and the Forest Reserve Anglican is to be temporarily relocated.

Francis said most of the schools damaged in the earthquake are in operation and areas “deemed dangerous” by the Ministry of Works and OSHA have been “cordoned off.”

With regard to the St Mary’s Government School, he said there is a sewer issue and that will be solved by changing the line.

Meanwhile, Garcia has hailed the success of the second year of the Laventille/Morvant Special project which he said was intended to list the spirit of students, parents and teachers in the Laventille-Morvant area.

The prize giving was held last Friday and Garcia said from all indications “the project has been very successful.”

The minister said curriculum officers in the Ministry of Education, who have responsibility for reading specialists and Mathematics, have examined students in the primary schools in the area “and they have reported an improvement in students in both reading and Mathematics.”

The programme was also used to promote discipline and Garcia said, “This is the area in which I am most pleased. As a result of this we do not have the high levels of indiscipline that characterises that area.”

Garcia said as part of the initiative children are encouraged to be catalysts for change.

Drivers of the maxi taxis for school transport have pulled up their handbrakes, leaving hundreds of children stranded as the Ministry of Education on Friday failed to pay the $20 million arrears owed.

There are 300 maxi taxis transporting over 30,000 school children throughout T&T.

Speaking with the T&T Guardian, president of the Maxi Taxi Drivers’ Association for School Transport, Rodney Ramlogan said that the ministry had promised to pay the arrears bill by Friday last week.

“They only gave us one fortnight pay, so because we have not been paid on Friday we do not have any money to go out to work tomorrow (today).”

Ramlogan said before the school term opened in September they were promised payment by Education Minister Anthony Garcia.

“We would have claimed up until the last school day in July and because we have not been paid our claims they have gone back to five months owing us now,” Ramlogan said.

He further explained that they are directly contracted under the Public Transport Service Corporation (PTSC) and when they send in their respective claim forms it is then forwarded to the ministry.

He added, however, that he strongly believes that there seemed to be some kind of delay tactic.

“Every fortnight we submit our claim forms to PTSC and when PTSC forward the claims to the ministry they only finding discrepancies and sending it back but I believe that it is a delay tactic that they just don’t want to pay us but we have already worked and served this country…served the school children of this nation,” Ramlogan said.

“We are not going back out to work until there is some kind of resolution in this matter,” he added.

On September 1, Garcia said that outstanding payments have already started to distribute to the drivers and gave the assurance that all monies owed would have been given out by September 14—last Friday.

Garcia made this statement after engaging in a cordial meeting with the drivers.

In that meeting, Garcia said that he was happy to report that everything was settled, in terms of the concerns expressed.

Drivers are expected to gather at the PTSC’s compound at King’s Wharf in San Fernando this morning at 10 o’clock to protest over the non-payment of the arrears and discuss their next course of action.

Efforts to contact Garcia yesterday on the issue proved futile as calls to his phone went unanswered.

Don’t expect Chief Justice Ivor Archie to speak on issues which have plagued the Judiciary this past year.

That’s the view of Senior Counsel Avory Sinanan who told the T&T Guardian that he expects the CJ to proceed with “business as usual.”

“I think he would look at this as an opportunity to give an account of his stewardship or the performance of the Judiciary in the past year and what are the plans for the coming year,” Sinanan said.

He said he did not believe that the CJ would touch on “personal issues, he has clearly taken the position that is something separate and apart from his duties.”

Sinanan said with the “status quo as is, and with matters with the Chief Justice unresolved,” it could hardly be that the new law term is being opened with the “verve and enthusiasm amongst practitioners to get back out there and participate in the administration of Justice.”

He described the pomp and ceremony that will attend the opening today, “an indication of a sort of celebratory mood is clearly a farce, it is a farce.”

Sinanan is of the view that there will be a boycott of today’s opening. “I suspect a number of attorneys as well as judges may very well not attend,” he said.

But Sinanan said with the Privy Council having ruled that the investigation by the Law Association should continue, the CJ should publicly state that “alright the Privy Council has ruled this way, let the investigation continue. I will cooperate and give my fullest support to this investigation, having regard to the fact that it relates to the CJ.”

If that is done, he said, “People will feel ok you can go ahead and open the law term, but to steadfastly take an adversarial position, an indifferent position to what is taking place outside to ignore and almost contemptuously with the concerns that have been raised over the past couple of years, especially in light of the Privy Council ruling I think does not augur well for the enhancement of the image of the Judiciary to open the law term.”

Sinanan admitted that the Judiciary is split on the issue of the CJ, “there are those who come out and say things and there are those who are silent because they feel there is nothing more to be said.”

But he said there is “too much of a cloud hanging over the Judiciary to inspire confidence.”

The new law term opens today and at least two judges— Frank Seepersad and Carol Gobin— have told the T&T Guardian they will not be attending today’s ceremonial opening because they feel a deep sense of shame and embarrassment at the state of the Judiciary, a situation they say has been brought on by Chief Justice Ivor Archie.

Seepersad, who like Gobin has been vocal on issues plaguing the Judiciary over the past two years, yesterday confirmed his decision as he admitted it is “unusual” for the media to contact a judge directly.

He responded to questions from the T&T Guardian on the issue, saying these are “unusual and unprecedented times” as he acknowledged an “undeniable cloud of uncertainty and despair hangs over the important democratic pillar that is the Judiciary.”

The opening of the law term, he said, is a time for “reflection, renewal and rejuvenation.” But Seepersad admitted to feeling “an acute sense of embarrassment.”

“The assault inflicted upon the Judiciary by the Honourable Chief Justice cannot be denied,” he said.

Seepersad made it clear that his “primary concern” was about the “current level of distrust that the citizens now bear for the institution, as well as the entrenched justifiable view that the last law term’s alarming developments have negatively undermined the moral authority of the Judiciary.”

He said he has been focused on the discharge of his constitutional obligation “without fear or favour,” and he is hoping the new term “may bring clarity of purpose” and that those who have “acted recklessly, would put greater good ahead of insular concerns.”

Seepersad said citizens of this country “deserve judges in whom they can repose confidence and respect and whose personal and professional lives are characterised by efficiency, honesty and devoid of deceit and duplicity.”

Asked whether the CJ had met with members of the Judiciary after the Privy Council ruling against him in the matter against the Law Association of T&T in August, Seepersad said no. “Even at the twelfth hour, when the Privy Council delivered its ruling, there was no engagement, no attempt to proffer an explanation as to allay concerns,” he said.

He said he was saddened though that while there are “rumblings among judges, only a few of us have been vocal.”

Seepersad said, “The independence of this office requires us to reject reckless and destructive behaviour which negatively impacts upon the administration of justice and silence makes those who wish to remain voiceless complicit.

“We must remember the Chief Justice’s declaration that certain judicial appointments were effected after the application of one of the most rigorous selection processes in the Commonwealth catalysed a slew of unresolved litigation which has the potential of costing citizens millions, rendered the former chief magistrate unemployed and virtually unemployable and occasioned immeasurable prejudice to persons whose uncompleted preliminary enquiries remain unresolved.”

He said he was “truly alarmed” at what appears to be the intention to adopt a “business as usual approach.”

“Conversations are taking place about the need for more judges but no focus is placed on the method of appointments. If one truly understands the important and critical role that a judge plays in a democratic society, the need for increased numbers must be reviewed against considerations of competency, credibility, cultural and socio-economic concerns.”

He expressed concern that “more appointments may be made in this current climate of uncertainty and without regard to the effecting of much-needed reform of the Judicial and Legal Service Commission.”

Seepersad is currently out of the country attending a conference in St Kitts, but he said even if he were here he would not attend today’s ceremonial opening.

“It is difficult to show signs of solidarity when there is so much uncertainty involving the future of the Judiciary,” he said.

Also contacted yesterday, Gobin also told the T&T Guardian she will not be attending today’s opening of the law term in protest.

“If I bend my head at a church service it will not be in prayer, it will be in shame. I will not don ceremonial robes for a charade,” she said.

Justice Gobin said at this time the country needs more than court statistics and updates about infrastructure.

“The country needs to have addressed more fundamental questions about the moral authority of the leadership and by extension that institution as a whole to deliver justice and to restore confidence in it, and I do not expect this,” Gobin said.

Both judges have already experienced the ire of the CJ.

In July, they accused Archie of “inappropriate and unacceptable” behaviour after he issued a press release via the Judiciary in response to his private matter against the LATT, which was at the time before the Privy Council.

But Archie instead told the two judges their time would be more productively employed attending to their own jobs and allowing him to attend to his.

Whether there will be a wider boycott of the opening of the law term remains to be seen.

The first part of today’s activities, the church service, which is usually held at the Holy Trinity Cathedral, will shift to City Hall because of the damage done to the cathedral in the August 21 earthquake.

Last year, several members of the legal fraternity also boycotted the opening as they expressed similar concern about the state of the Judiciary under Archie.

The last two years has seen turbulence in the Judiciary, from the Marcia Ayers-Caesar fiasco to the personal allegations against Archie, who is accused, among other things, of discussing the security of judges with a private individual. Earlier this year, the CJ became embroiled in another controversy when he attempted to take sabbatical leave.

In mid-August, the Privy Council ruled that the Law Association is entitled to investigate allegations of misconduct against the Chief Justice.

Speaking to the T&T Guardian briefly yesterday, Law Association president Douglas Mendes confirmed the investigation is proceeding. But he declined to answer further questions.

In an August 16 press release issued after the Privy Council ruling, the Law Association, which has retained two eminent Senior Counsel to investigate the allegations against the CJ, indicated that it will continue the investigation until it is satisfied the allegations have no merit or to refer a complaint to the Prime Minister under section 137 of the Constitution to treat with it as he deems fit.

The United National Congress says the real number of workers to be sent home when state owned Petrotrin is closed down is 5,322 which includes permanent and temporary workers. The Opposition is now alleging there was a “deliberate intentional sabotage plan to close the company.

Speaking at a news conference yesterday, Opposition Senator Gerald Ramdeen said while the official figure from the Government and Petrotrin chairman Wilfred Espinet had moved from 1,700 to 3,500, the real number of workers to be directly affected was 5,322, of those he said 3,841 were permanent employees and 1,481 were temporary workers “spread over all divisions of Petrotrin, which include upstream, including Trinmar, refining and marketing administration.”

Ramdeen said had the Government followed the recommendations of the Selwyn Lashley Committee, Solomon and Associates and Mckinsey, the country will not have reached this point,

“They all said all you need to do is to do the work and fix the management because Petrotrin has the ability to run for years to come and continue to contribute to the economy,” he said.

But, he said, it appeared that the Government had embarked on a “deliberate and intentional sabotage plan,” as he accused Prime Minister Dr Keith Rowley of being only concerned about “carrying out the execution plan at Petrotrin.”

Ramdeen warned about the impact of the closure, saying the “magnitude of the loss would be unimaginable and unquantifiable.”

He said over the next few days and weeks, the five thousand plus workers at Petrotrin would have to come to the reality of understanding that they had to stand up for themselves.

He said: “We as the Opposition will do all that we can to stop the government from implementing the plan. We will do all that we can to protect the workers of Petrotrin and the patrimony that belongs to the people.”

Ramdeen told the media that while Energy Minister Franklyn Khan had indicated that packages would be worked out for temporary and casual workers, “that is not worth the paper that it is written on, as we speak Khan has no idea of how Petrotrin will deal with severance packages for permanent and casual employees.”

He said: “The reality is that 5,322 workers have to work out how are they going to pay their loans and mortgages, how they are going to do their groceries, how they are going to tell their children they can no longer pay university fees and how they are going to meet their daily expenses.”

He said it was not good enough that the Government was saying it is going to be worked neither he said were political rantings that were not going to help the people who would be on the breadline in a month.

“They don’t know how they are going to deal with the hardship and suffering that has been rained on them by Dr. Rowley and the government,” he said.