ILLEGAL TAXES

This prompted Opposition Senator Wade Mark to accuse the Government of imposing illegal taxes on the population and signalling the Opposition’s intention to challenge the matter legally. Following the adjournment, Finance Minister Colm Imbert dismissed Mark’s allegations. He said all taxes are being collected in accordance with the law. He also said the opinion of the Treasury Solicitor was sought, “just to confirm that our understanding of the law is correct.” The Bill and the three motions were passed in the House of Representatives on November 9.

Before the debate could begin on the Bill and the motions, Khan said Government had intended to debate those matters yesterday but, “we got an opinion from the Treasury Solicitor.” Quoting part of the Treasury Solicitor’s opinion, Khan said, “In the interim, I am of the view that the Provisional Collection of Taxes Order 2016, continues in operation and will continue in operation until Finance Bill Number Three and the relevant orders 2016, completes its full passage in the Parliament and the Act is assented to by the President.

This process must be completed within a four-month time-frame, beginning October 20, 2016 and ending on February 19, 2017.” Quoting further from the opinion, Khan said, “I (Treasury Solicitor) am of the view, that it is permissible for the State to collect and continue to collect online purchase taxes and the rest (of taxes).” In response, Mark said the UNC took, “no comfort in this intervention.” At a subsequent news conference, Mark charged that Government used the Treasury Solicitor, “to undermine the Parliament and muzzle the Opposition.” Mark said the Opposition would seek to “test the legality” of the Treasury Solicitor’s opinion and could challenge the matter in court. He argued that these matters are normally dealt with in a specific way in Parliament but Government, “sabotaged the Senate to go and campaign.” Mark claimed that under the Customs Act, the Comptroller of Customs could be forced to make refunds once the tax collection orders connected to the Bill expire. Saying the orders expire in 21 days unless approved by Parliament, Mark said, “Today is the 27th day…We intend to challenge these orders and we will develop the necessary opinions to do so.” Mark said in his 25 years as a parliamentarian, he has, “never seen anything like this where the Government imposes a tax on the population and refuses to have these orders confirmed by the Parliament before they bring the Bill.” He wondered whether Attorney General Faris Al-Rawi would agree with the Treasury Solicitor’s opinion.

Mark claimed Government, “cannot withstand the outcry of the people of the people on the imposition of tax after tax after tax.” Alleging that the People’s National Movement (PNM) has plans to fire 6,000 CEPEP workers after the Local Government elections on November 28, Mark said the PNM is entering its 15th month in office and, “they have brought no meaningful legislation” to Parliament.

When they have legislation…they run under the cover of time,” Mark scoffed.

Independent Senator Dr Dhanayshar Mahabir was also surprised about the Bill and motions not being debated. “There could be a contrary legal opinion as well,” he suggested. A division was taken to adjourn the Senate to a date to be fixed. Three Independent Senators (David Small, Hugh Russell Ian Roach and Paul Richards) voted with the Government for the adjournment.

Prior to the Senate’s adjournment, Senate President Christine Kangaloo told Mahabir it was unnecessary for her to interpret a particular Standing Order he referred to.

Imbert later told Newsday, “The new taxes on alcohol and tobacco are collectable and legal once the relevant orders are submitted to Parliament.” He explained that Government has done so within the prescribed period and, “according to the law, we now have until February 2017 to debate the orders in the Senate.” Imbert continued, “This procedure is specific to the Customs and Excise Orders.” The minister said other orders relating to online tax and other matters have already been passed in the House. On why the Treasury Solicitor’s opinion was sought, Imbert said, “We were satisfied that the 21-day time period meant that the orders simply had to be submitted to Parliament, rather than passed within, 21 days.” He further stated, “We were aware that there was an alternative view that all of these orders should have been debated and passed in both Houses of Parliament within 21 days. So we had to check the law to make sure.”

Relatives insist Mercy is alive and well

“They say they have evidence but, tell me, even a baby this size (measuring by length on her hand) or even a smaller baby, wouldn’t that kick up a stink?” she asked.

“Do you find that story to have any cohesion? They (public) have been trying us in the public domain, in the press and in the social media but the truth will come out eventually.” Richins said baby Mercy was her biological daughter and not her daughter’s child.

Richins complained of what she described as inhumane treatment meted out to them while in custody at the La Brea Police Station.

“We weren’t allowed to see anyone, we were kept in a room with the air condition unit turned up high, we were freezing, water running all under your feet” she went on to say.

“When they turned it down you feeling like you thawing out, it was not a nice experience, but I will tell all soon.” She said she and her children were kept apart during their days in custody. It is not until they were taking away the minors who wanted to see her was she told that they were going to relatives.

“I was in a separate room to my mother,” Nicolette told Newsday.

Richins said she no longer cares about the perception persons have of her and wanted it made clear that neither she nor her daughter are mad.

“Everyone thinks we are mad people but that is not so. Let us see where this will go. They have not charged us for anything. We are still here.” An autopsy performed last Friday at the Forensic Science Centre, St James revealed that the cause of death was inconclusive.

Investigations are continuing.

‘Hit-and-run’ victim may have been murdered

Speaking with relatives at the Forensic Science Centre, St James yesterday, reporters were told Smart, who had no children and had no specific place of employment, was last seen leaving her home for a party in San Juan which she left with a male companion at about 3 am on Monday. About an hour later, her body was found on Wrightson Road, Port-of-Spain near the Radisson Hotel.

An autopsy done on her body has revealed that the woman may have been killed and thrown from a moving vehicle. According to the report, Smart died from blunt force trauma to the head which had also severed her spinal chord. Newsday was also told that she also sustained a broken leg, supposedly from being thrown from the car.

Relatives described Smart as a helpful, loving young woman who frequently went out to parties on her own.

“She was not a wayward woman, and she did not deserve to die like this,” said one relative.

“She would normally go out to parties on her own and meet her friends at the party. She was a fun-loving person, so she would usually be the life of the party. We are hoping that the police leave no stone unturned in this investigation.” Newsday understands CCTV footage is being retrieved from cameras, positioned along Wrightson Road, which may have captured Smart’s final moments.

Relatives yesterday said they were taking comfort in the fact that there is a high level of surveillance in the area which should make it easier for detectives to investigate the circumstances surrounding Smart’s death.

SDMS’ Maharaj predicts upsurge in crime due to deportation

In a recent television interview, US President- elect Trump estimated the number of illegal immigrants with criminal records as between two and three million people.

“What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, where a lot of these people, probably two million — it could be even three million — we are getting them out of our country or we are going to incarcerate.” Trump said.

In a telephone interview yesterday, Maharaj observed that the number of TT deportees could number in the “thousands” should the United States enact mass deportations from its soil. “I feel we would have a few thousand of our citizens being posted back because they are not there legally and when they come here, you will have a number of social issues that will immediately arise and one of those issues is employment because we are in a depression now, a lot of unemployment and when you come back from New York or Boston, you have other skills that you transmit to other people here so that we should expect an upsurge in criminality,” Maharaj said.

“The murder rate has crossed 400 already and with these people coming down here, it will exacerbate the social situations that we are experiencing right now,” he added.

Asked whether Caricom should take a united stance on the issue, he said, “well I think it will be wise for the Caricom to get together and make representations,” he said.

“We don’t have the international clout to influence events in the United States, we too small for that but as a region, jointly we might have some kind of clout,” he said.

Meanwhile, San Fernando Business Association, president Daphne Bartlett has described Trump’s decision as a “good management decision” which should be emulated by other leaders. “He has to look after his citizens and his country so if he chooses to send back criminals from his country to their respective countries, that is well within his rights, and if I were living in America, I would feel the same way,” Bartlett said.

“Similarly, I live in Trinidad and Tobago and if we have non-nationals who are criminals here, we would expect that our Prime Minister would do the same and send them back to the countries where they come from, instead of us harbouring them and feeding them and spending $23,000 every month feeding them in the prison,” she said, adding, “send them packing where they came from because there are many non-nationals who commit crime and who are in our country.” “So I don’t know what the big hue and cry is about sending back criminals to their country, that’s a good management decision he has made because those are the ones who commit crime, they don’t belong there but I think other leaders should take the lead from Mr Trump,” she said.

Las Lomas toddler drowns in pool

According to reports, the child’s mother, Freeda Sankar was at home with her daughter Sethra taking a nap, when Sankar fell asleep. She was awakened by the sound of her backdoor opening.

On checking she discovered her daughter missing.

The frantic woman, ran outside in the vicinity of the swimming pool and saw to her horror, the body of her tiny daughter floating.

The woman jumped into the pool, took the toddler out and attempted CPR. Despite her efforts the child failed to respond.

A report was made to officers at the Las Lomas Police Post, and the child was rushed to a medical institution where she was pronounced dead.

Officers carried out enquiries and the distraught mother was interviewed.

The scene of the drowning was photographed by the police

Deportation jitters

While he made a splash in his campaign by his tough talk on illegal immigration — especially Mexican gangsters and Islamic State infiltrators — one can only hope for a softening of attitude towards other categories, such as non-violent illegal immigrants, as the practical realities of office settle in.

Has Trump slightly back-pedalled by saying it is not the average illegal immigrant who will be deported but mainly hardcore criminals? “What we are going to do is get the people that are criminal and have criminal records — gang members, drug dealers…” However, he then quantified these criminal aliens as two or three million, a figure which on the surface is alarmingly high.

Does Trump have this figure in mind as a target to reach, to be filled by quotas that could ultimately include people guilty of minor offences such as traffic violations, or petty shoplifting? We hope not.

We never wish to see a nightmare of decent, hardworking men and women who overstayed their visa time being pounced upon in their workplaces by a deportation squad, or being cruelly snatched away from their children at home.

Post-election events offer glimmers of hope for a moderating of Trump, even in his stated desire to be “a President for all Americans.” Can we take heart from Republican House Speaker Paul Ryan’s recent remarks that “we are not planning on erecting a deportation force”? Is Trump’s own remark that in some places his intended wall on the Mexican border could be downgraded to the status of a fence, a metaphor for any softening of his hitherto hard-line policy on immigrants? We can only hope so.

Veteran journalist Carl Bernstein, while a big critic of Trump, nonetheless on Monday told CNN of the immensely sobering effect on Trump of his recent briefing by President Barack Obama. Obama has sought legal status for 740,000 immigrants brought to the US as children — “solid, wonderful young people” — whom he urged Trump to protect as “American kids”).

We hope that moderating effects on Trump can be exercised by the popular media, by the voice of the street protestors in cities across America and by the stance of local authorities such as the Los Angeles Police Department which will not change its policy of refusing to turn over petty offenders to federal authorities for deportation.

At present, small nations such as Trinidad and Tobago must hope for the best, and prepare for the worst.

Through Caricom, we should seek to make an input into unfolding events in the US and to prepare ourselves for a possible flood of deportees, which Prime Minister Dr Keith Rowley has said we cannot stop if they happen.

While some deportees to TT have committed crimes here, we must also support the efforts at rehabilitation by groups such as Vision on a Mission.

Even criminal deportees must be given a fair chance at integration into a productive lifestyle.

For example, a deportee might have originally left TT as a child and have lost all ties with this country and now find himself as a stranger in a strange land with just the shirt on his back, penniless, jobless, homeless and friendless.

Such people need a firm but fair guiding hand to get a fresh chance at a new life, not sink into criminality or vagrancy.

We’d suggest a study of the successes and failures of past efforts at helping deportees via both law enforcement and rehabilitation to guide policy in the event of a big influx of deportees.

Towards HDC transparency

Prime Minister Dr Keith Rowley said a valuation had revealed that the cheapest housing unit at the Victoria Heights development in Diego Martin was worth $1.6 million, while the top-priced units were valued at $4.5 million. For whom was the HDC catering? The units at Chaconia Crescent cost approximately $1 million but were being sold for $650,000. Rowley said an increasing number of people were “coming after” the subsidy.

“Why should someone earning $8,000-$9,000 a month have to compete for subsidised housing with a person earning $40,000 per month?” he asked.

The accepted policy has been the Government making home ownership accessible and affordable to low and middle-income citizens.

The HDC programme is designed to assist citizens, who may otherwise be unable to afford home ownership, to purchase their first home.

The PM did not state who authorised the HDC to construct these upscale houses. Was the Ministry of Housing asleep or did it authorise this deviation in policy? In expressing his concern, Rowley instructed then housing minister Marlene McDonald to send a note to Cabinet for the most expensive units to be sold on the open market. Government, he said, would retain a few for its use instead of paying rent to private individuals, and the rest would be made available for “rent-to-own” through the national housing programme.

To the best of my knowledge neither the Minister of Housing nor the Prime Minister has brought the public up-to-date on this matter.

To qualify for an HDC home, an applicant must be a resident citizen of TT, 21 years of age or over, neither owner nor part-owner of a house or land, in possession of a Board of Inland Revenue file number. This in my opinion is a loophole by which people who are in arrears of income tax have received HDC subsidised homes. An Income Tax Clearance Certificate must be required.

In addition, nowhere was “low income” and “middle income” defined.

In October 2015, after many “high-income” people had benefitted, an income ceiling of $45,000 monthly was reduced to a realistic $25,000. For many years it has been rumoured that people who did not qualify were recipients of HDC housing. Also, that people not resident in TT were recipients of homes; some families were allocated more than one house; people who already owned a home were allocated a house; people did not occupy the house allocated to them but offered it for rent; some people who were recipients of a house have sold them.

Are these merely rumours? There must be an investigation to determine the truth, and where necessary steps taken to recover taxpayers’ money (the subsidy) which was fraudulently obtained.

All housing that becomes available is allocated in the following way: 75 percent is reserved for public applicants through a random selection system; ten percent is reserved for the protective services (police, army, Prisons and Fire Services), and 15 percent is allocated for special emergency cases, senior citizens and physically challenged people.

What is meant by “random selection process?” The selection process must be transparent with qualifying applicants being placed in a “queue”. The “lottery” system should be abolished. Applicants who have been in the queue for years are displaced by a lottery.

Who were the fortunate recipients of these expensive Government- subsidised houses? In this country with its low score of 38 out of 100 by Transparency International we will never know how many rich people, who already owned mansions were recipients.

There must always be transparency in the allocation of Government subsidised housing.

Cocorite man shot and killed

According to reports, the victim, identified as 38-year-old Dominic Gregoire from Pitilal Road Waterhole, was with two other men at a construction site on Freedom Street, Cocorite, when they were approached by an armed assailant who opened fire on the group.

Gregoire was shot multiple times during the attack. He was rushed to hospital where he succumbed to his wounds.

Western Division Police are continuing investigations.

Testing for new police recruits

In response, Dillon said, “The Government condemns any act of criminality or crime committed by members of the Police Service or any agencies of the State, whose duty it is to protect, serve and secure the people of TT.” In addition to psychometric and psychological testing for new entrants, Dillon said Acting Commissioner of Police Stephen Williams will be looking at introducing other areas of professional development for police officers.

The minister also said the Professional Standards Bureau of the Police Service continues to investigate matters of alleged criminal conduct by police officers and that “anyone found culpable will face the full brunt of the law.” When Sturge asked what is being done to deal with existing members of the Police Service who have such allegations hanging over their heads, Dillon said Williams was addressing that matter and would be holding a news conference today.

Sturge expressed dissatisfaction with Dillon’s response but Senate President Christine Kangaloo reminded him that as presiding officer she “cannot influence the answer that a minister gives” to a question.

Kamla stands by $12M contract claim

Prime Minister Dr Keith Rowley had denied this claim and has alleged that the deal was done under a former United National Congress (UNC) regime, but Persad-Bissessar dug her heels in, addressing a UNC local government election campaign meeting in Sangre Grande.

She claimed the $12 million contract was awarded without tender and incurred 150 percent in cost-overruns, as she denied Rowley’s claim that she is confused about the facts.

“While the millions of dollars are being paid out to a few, those are the dollars that can feed a child, those are the dollars that could have saved a life, those are the dollars that could have prevented a death, but it is millions to some and zero-zero-zero to the many,” she said.

Persad-Bissessar said since last year it is as if a dark force has taken over this land that has no respect for life, adding there have been “over 400 murders so far in this year.” Saying the country is going “down, down, down,” she said this must be opposed. “No more must children go to bed hungry, no more should they do without books, no more should persons have their food cards taken away.

No more must the vulnerable in our country be pushed out so the few could make the millions of dollars.” She urged Rowley to emancipate himself from “big party people” in the PNM, urging him to not protect the parents of gun-toting children, the man who is laughing at poor people, the million-dollar wives of the Cabinet, or the land for highway sellers. “Set our country free from these big party people,” she said, urging long-suffering voters to express their frustration on Election Day.

Persad-Bissessar said the PNM that voters had elected last year has now become a puppet on a string run by big party people.

“You voted for change but the only change we are seeing is big party people getting millions in contracts.” She blamed the recent firing of government ministers on them being cast aside to make way for big party people.

Persad-Bissessar played a video clip to the audience quoting Toco/Sangre Grande MP Glenda Jennings-Smith purportedly saying, “Do not trust the PNM.” The Opposition Leader said the Rowley-led administration does not care for people, even as the country is going down, including the health sector.

She related the tale of the downfall of Dr Seuss’ Yertle the Turtle who advanced himself by climbing on his friends’ backs — to their discomfort — only to then come crashing down.

“Send a message to the PNM that you will not carry the Rowley Government on your backs any longer because the pain is too great. People cannot take that pain forever; it is 14 months.

You must send a message on November 28 that you will not take the pain anymore. Enough is enough.” Refuting PNM claims that the former UNC government had only helped UNC areas, she said the UNC had built the Valencia Bypass, done work on the Arima and Sangre Grande Hospitals, and the North Eastern Regional Sports Centre.

“We established longer hours for all health centres from Valencia to Matelot. The new pharmacy at the Grande Hospital is almost ready.” She said people enticed to vote PNM last year had in return received “zero, zero, zero.” She urged, “Don’t let them fool you again. For two weeks they’ll be like red ants all over the place begging for your vote, but when the voting is done you’re not going to see them again. When you voted for them last September 2015, did you see any of them come back to help you? You (PNM) had 14 months, so why are you coming on the platform now to make more promises?” She urged voters to decide in the upcoming polls on the basis of the Rowley-led Government’s track record.