TWENTY-ONE persons, 20 of whom are either blind or physically challenged, filed a constitutional motion yesterday claiming they are being discriminated against because of the neglect by the government in enacting the Equal Opportunities Act.

In the first such challenge to the 2000 legislation, the applicants are asking the High Court to rule that the failure of the government to appoint an equal opportunity tribunal, is a contravention of their constitutional rights. The motion was filed by attorney Darrell Allahar in the Port-of-Spain High Court Registry. Hearing of the motion has been fixed for July 1. The applicants are being represented by former UNC Attorney General Ramesh Lawrence Maharaj, Garnet Mungalsingh, Allahar and Vashist Maharaj. The applicants are : Kenneth Suratt, Bhawani Persad, Dave Homer, Joseph Belgrove, Lakhan Seepersad, Dennis Seebaran, Rajendra Ramnarine, Parvatee Dawajit, Sandra Juman, Kaloutie Gopaulsingh, Michael Durham, Deonarine Ragoo (members of the Blind Welfare Association); Devon Garraway, David Thomas, Dianne Arneaud, Rakesh Persad (physically challenged), and Ashton Ramsundar, an employee of Caroni (1975) Limited.

Suratt, who filed an affidavit on behalf of the other blind persons, said they had suffered in the past and continue to suffer injustices and inequality of treatment on the ground of their disability. He said the commercial banks refuse to provide them with ATM cards or credit cards. He pointed out that the banks have continuously refused or neglected to modify their systems in favour of blind persons. Suratt also complained that teachers at secondary schools were not fully trained to deal with visually impaired students and this had placed them at a severe disadvantage. Suratt listed several instances of discrimination. He said the roads are not properly maintained; manholes and pavements are left open and unguarded; traffic lights are not equipped with a system of audible signs to allow the visually impaired to cross the roads safely; electricity poles are often placed in the middle of pavements and are unguarded and unfenced; several public buildings are not designed to accommodate the visually impaired. Suratt said PTSC does not acknowledge their bus passes on the express luxury buses, contrary to the terms of the passes issued by the Ministry of Social Development.

Devon Garraway, who filed an affidavit on behalf of the physically challenged, said they were being discriminated again. He listed private and public buildings including Parliament where no facilities are provided for wheelchair-bound persons. “It is almost impossible for physically challenged persons to obtain employment on the job market, both in the public and private sectors. Employers do not wish to employ us because of our disability. None of us has been able to secure gainful employment despite our several attempts to do so,” he added.  Ashton Ramsundar, who lives in Freeport, said he did not accept the offer made to him by Caroni to participate in the VSEP. Admitting that Caroni was not in a financial position, Ramsundar said WASA and Petrotrin were in the same position, yet employees were not being subjected to take VSEP. Ramsundar, like many other employees, fears that Caroni will terminate his employment. He feels discriminated against by Caroni on the grounds of his race, geographic origin and religion. The applicant feels this way as members of his race or ethnic group do not generally support the PNM. Ramsundar said he wants to lodge complaints of such discrimination, but there is no Equal Opportunity Commission.

FORMER Housing Minister John Humphrey yesterday denied knowing that his government guaranteed two loans for US$30 million for the Airports Authority (AA) to finance the CP 13 contract for speciality equipment, awarded to Miami-based Calmaquip Ltd.

He also denied knowing that former Transport Minister Jearlean John complained to former Prime Minister Basdeo Panday about the Piarco airport development project, which resulted in the disbanding of the Inter-Ministerial Committee which Humphrey chaired. Humphrey was continuing his evidence yesterday at the Commission of Inquiry into the Piarco airport development project. He was being questioned by lead attorney for the commission, Theodore Guerra, SC. Humphrey said based on a recommendation by former Finance Minister Brian Kuei Tung, the CP 13 contract was reassigned from NIPDEC and given to the AA. He said he always felt that NIPDEC should not have gotten the contract to manage the airport project because he felt they were “technically useless but politically useful.”

Humphrey said he was aware that the contract between the AA and Calmaquip provided for Calmaquip as contractors to finance its loan to provide speciality equipment. But he was unaware that the government guaranteed two loans on behalf of the AA which sourced the loan from the Dresdner Bank. One loan was for the sum of US$26.2 million and the other US$4.5 million. Humphrey said he only became aware of the government guarantee during his evidence yesterday, when he was shown documents by Guerra, but he agreed that Kuei Tung authorised the guarantee. He said Kuei Tung as chairman of the Finance and General Purposes Committee and Minister of Finance had tremendous power. He, however, noted that Kuei Tung could not have guaranteed the loans without getting Cabinet approval.  But he said he knew nothing about the guarantee although he was a senior Cabinet minister.
Asked if it was kept a secret from him, Humphrey said he really didn’t know what went on.

Asked if he was surprised by the decision, Humphrey said he wasn’t because it was normal. Questioned about the disbanding of the Inter-Ministerial Committee which he chaired, Humphrey said he didn’t know that John had complained to Panday about the project after she took control of the project. Humphrey said he also didn’t know that Panday had admitted to John that he (Panday) knew the project was a “feeding frenzy” and it was being treated like a “milch cow.” Describing himself as the “foster father” of the project, Humphrey agreed he had a great interest in seeing the project come to fruition and it was taken away from him by Panday. Humphrey will continue to be questioned by Guerra on Monday when the inquiry resumes at 9.30 am.

The Court of Appeal ruled yesterday that Chief Magistrate Sherman Mc Nicolls exceeded the limits of his function when he ordered the prosecution in the Piarco Airport fraud case to furnish the defence with a list of all the documents it intends to use.

The Court, however, ordered that the mass of material already disclosed to the defence must be organised properly and distributed to the defence as they relate to each accused. No order was made to costs. McNicolls was directed to continue with the inquiry which the Court said had been adjourned on several occasions because attorneys could not agree on disclosure. Former Government Minis-ters Brian Kuei Tung and Russell Huggins, business persons Ishwar Galbarasingh, Amrith Maharaj, John Henry Smith, Renee Pierre, Barbara Gomes and Steve Ferguson, together with Fidelity Finance Leasing Com Ltd, Northern Construction Ltd and Maritime General Insurance Co Ltd, are before McNicolls charged collectively with 21 offences on common and criminal matters, including fraud. The Director of Public Prosecutions, Geoffrey Hen-derson, appealed McNicolls’ ruling, and the accused made an application to become involved in the proceedings. McNicolls had ordered the defence to make a list. 

In a 25-page judgement by Justice Margot Warner, the Court said that Mc Nicolls’ direction to furnish a list to the accused and to the court does not change the position, nor can it be categorised as an administrative directive, as was suggested by attorneys representing those facing fraud charges. The Court, which included Warner (President), Justice Rolston Nelson and Justice Stanley John, said that since the issue could not be resolved by reasonable discussion between counsel, in good faith, and in  a practical manner so that the matter could proceed without further delay, the Court decided to give directions on how attorneys should proceed on the issue of disclosure. The Court accepted that defence attorneys had already been furnished with a large mass of material… and that disclosure has been made in a disconnected and piecemeal fashion. In order to bring sanity to the chaos, the Court ordered: “That on or before June 14, 2003, the DPP serve on the relevant attorneys-at-law for the interveners (defence), in relation to each charge, a list of all relevant documents disclosed.”

On another issue raised as to whether the Court of Appeal had jurisdiction to hear the matter (interlocutory), which was described by the defence as an administrative directive by the Magistrate and not one of material error, the Court also did not agree with that submission. On the other hand, the Court warned that it will discourage interlocutory appeals, but will intervene where the discretion of the prosecution as to the withholding of information and the timing of disclosure, in the context of limited obligation to disclose might be rendered nugatory or subverted by an order of the magistrate. The interveners were represented by a battery of lawyers which included Allan Alexander SC, Frank Solomon SC, Russell Martineau SC, Desmond Allum SC, Fayad Hosein, Reginald Armour, Gillian Lucky and Rajiv Persad, while Gilbert Peterson was for the DPP.

Vice President of the Industrial Court Gladys Gafoor was yesterday told that she is entitled to have her chauffeur’s allowance paid directly to her if she so wishes since the allowance comes with the office.

This was the ruling of Justice Mira Dean-Armour, following an application by Gafoor for Judicial Review against the decision of the Registrar of the Industrial Court not to pay the allowance directly to her but to her driver, Herbert Bahadoor. However, Justice Dean-Armour also suggested that for purposes of good administration, it would be necessary for Gafoor to make her preferences clear to the Registrar, so that the relevant accounting procedure could be followed in respect of that office-holder.

In finding in favour of Gafoor, the judge also ordered costs be paid fit for two lawyers, by the Registrar. Justice Dean-Armour said that she was not persuaded by arguments that the chauffeur only bore the label of the employee of the office-holder and is in fact the employee of the State. She found no evidence that the State controlled the terms and conditions of service of the chauffeur. On the contrary, she found there was every indication that the selection of a chauffeur and other terms such as those relating to discipline, sick leave, vacation leave and hours of duty are left to Gafoor.

Further, the State, the Ministry of Finance circulars of 1995 and 1998, had specified the quantum of the allowance. “There is however, nothing to prevent the office-holder, as employer, from varying the basic salary by increasing it when circumstances require,” Justice Dean-Armour said.   But by contrast, such an increase would be wholly inappropriate, and may even be regarded as a form of corruption, where the chauffeur or other support staff is appointed by the Public or other Service Commission, observed the judge. Gafoor was represented by attorney Russell Martineau SC and Rikki Harnanan, while the Registrar was represented by Neil Byam.

“A moment of pleasure could carry a sentence of life imprisonment,” declared Justice Pamela Elder before sentencing two youths to imprisonment for committing sexual offences with a 12-year-old girl.

Ryan Strong, 25, and Shaka Thomas, 25, of Arima, were each sentenced to a year imprisonment with hard labour for serious indecency with a girl under the age of 14. Strong was also sentenced to three years hard labour for having sex with the girl. His sentences are to run concurrently which means he will serve a total of three years imprisonment. The incidents occurred at Thomas’ house on March 23, 1996. Both men were 18 years old at the time.

Elder, presiding in the Port-of-Spain Fifth Criminal Court, said though the evidence suggested that the girl consented to have sex, men must be aware that having sex with a girl under the age of 14 is “an extremely serious offence whether or not the girl initiated, co-operated, or consented to have sexual intercourse.” She added that men who have sex with minors do so at their own peril. Elder continued, “Even though pleasure is enjoyed by two, pain is suffered by one, namely the man.”

Evidence indicated that the victim and a friend met the men who were maxi-taxi conductors at the time, at an ice-cream parlour. All four then left the parlour and went to Thomas’ home. On April 3, 1996, the girl accompanied by her mother went the police and made a report. Before sentencing the men, Elder said that though the subsequent behaviour of the girl was strange, the Sexual Offences Act clearly stated that sexual intercourse with minors is an offence.

AS A nation, we must resist the pull towards notions of superiority, particularly concerning race. And if the guideposts of history are not leading us to higher heights, then current events as reported from many regions of the world, in vivid detail, should caution us.

That is the message of President George Maxwell Richards on the celebration of Indian Arrival Day. His Excellency said we must strive together to build on successes of the past, recognising at all times to appreciate the threads that our ancestors and we ourselves have brought so far, to the tapestry of life in Trinidad and Tobago. The President noted that in celebrating the arrival of East Indians to our shores, we were acknowledging the precious resource of human endeavour that has been contributed to the development of the nation by East Indian immigrants and their progeny. He further said that in embracing the traditions of India, purity of form has given way to influences in the  local context that have made us different and special, somewhat an enigma. He said people should regard as a special blessing the positive effects that exposure to other cultures without our national borders can have.

A 53-year-old drug addict gardener was saved from a five-year jail term yesterday and instead given an opportunity by the Court of Appeal to seek rehabilitation. But before doing so, Kamal Ramdass, will have to pay a fine of $3,000 or in default serve nine months hard labour.

Ramdass of Don Miguel Road, San Juan, is expected to join the Piparo Empowerment Centre which helps drug addicts “kick the habit.” Ramdass had pleaded guilty to possession of three grammes of cocaine and was sentenced to five years hard labour by Magistrate Deborah Thomas Felix. He had four previous convictions for similar offences.  His attorney Dana Seetahal, appealed on severity of sentence  and pointed out to the Court that other convicted persons who had much more drugs in their possession,  and for trafficking were given lighter sentences than Ramdass. She also made submissions, and presented testimonials to the Court that Ramdass was willing  to “fight his habit” and seek rehabilitation. She presented the Court with a letter of his intended admittance into the Piparo centre and the willingness of his family to support him.

After hearing Seetahal’s plea in mitigation, the Court, comprising Justice Lionel Jones (President) and Justice Wendell Kangaloo told Ramdass that “too often addicts and drug users are left to row their own boat.” Justice Kangaloo who delivered the judgement reminded  Ramdass that he was fortunate to have his family willing to help him. The judge further told Ramdass that he was very fortunate in that not many people get the chance he was getting. State prosecutor Joan Charles noted that St Ann’s Hospital had recommended that Ramdass should have long term treatment. Treat-ment at Piparo lasts up to nine to 12 months.

Selwyn “Robo Cop” Alexis was denied bail for the third time in the San Fernando Magistrates’ Court on Wednesday May 28, 2003.

Attorney Ian Gray who appeared for him, instead of Subhas Panday, applied for the bail before Magistrate Mark Wellington and was informed by the prosecution that it is denied again on the grounds that Saran Kissoondan reported that threatening telephone calls were made to him. When contacted, Robo Cop’s attorney, Subhas Panday, said that the application for bail to a Judge in Chambers was withdrawn. Robo Cop was first denied bail by the prosecution on Tuesday May 13 and again on Monday May 19, 2003. He will appear again on Friday June 6, 2003.

THE DEFENCE representing five Venezuelans on trial for trafficking 687.2 kilogrammes of marijuana, yesterday cross-examined two officers of the Organised Crime and Narcotics Unit (OCNU) for most of the day’s hearing in the San Fernando Fourth Criminal Assizes.

The battery of defence attorneys — Vernon De Lima, Joseph Pantor, Ian Gray and Farraz Mohammed — kept Sgt Edward Castillo and PC Cassius Bristol on the witness stand before the mixed jury hearing the case. On trial are Hamilton Guiterez, Miguel Alberto Pino, Jesus Inocente Hernandez, Amancio Angel Castillo Garcia, and Ismael Brito Pino, before Justice Malcolm Holdip in the Fourth Criminal Court. Ismael Brito Pino was additionally charged with possession of a Smith and Wesson pistol and 13 rounds ammunition. The five were arrested on May 30, 2000, at the Mosquito Creek, South Oropouche, by a team from the Organised Crime and Narcotics Unit (OCNU), led by Sargeant Castillo.

The State’s case is that the five Venezuelans were held during an OCNU stake-out operation in the vicinity of the Mosquito Creek. According to the State, the policemen took up strategic positions on the river banks, while a Coast Guard vessel waited in the Gulf of Paria near the Godineau Bridge. Around 2.40 am, a boat was seen approaching the Creek, and after an exchange of gunfire, police intercepted the foreign vessel.  Police arrested the five Venezuelans after searching the boat. They allegedly found 687.2 kilogrammes of marijuana on board. The trial continues on Monday.

TORONTO: Guyanese beauty queen Mia Rahaman was granted bail in the sum of $25,000 when she appeared before a Brampton, Ontario court on Thursday evening to answer charges relating to the importation of cocaine into Canada.

Earlier in the day, the 23-year-old former Ms Guyana-Universe pleaded not guilty to the charge of “importing a controlled substance,” which is a federal offence and carries a maximum penalty of life in prison. Lawyer Daman Kissoon, who has been retained by the Rahaman family to represent the beauty queen, told Newsday that after she was granted bail, she went to her mother’s Toronto area home. Rahaman’s family is prominent in Guyanese social circles. Her father is a national race car driving champion, and the family owns several businesses.
Her father, who lives in Guyana, flew to Toronto on May 21 to be with his daughter. “She had been in custody for two days and wanted to go home and take a shower and be with her family,” Kissoon said. The lawyer said he was meeting with Rahaman later on Friday to discuss the case.

Rahaman, who represented Guyana at the Ms Universe Pageant in Puerto Rico in 2002, was arrested and charged with importing cocaine after disembarking from an Air Transat flight from Georgetown at Toronto’s Pearson International Airport on May 21. A Canada Customs officer became suspicious of her behaviour and referred her for a “secondary check” where, police allege, seven kilos of cocaine with a street value of Cdn $1 million were found hidden inside two false compartments in her suitcase. Canada Customs spokesman Mark Butler told Newsday that smaller quantities of the illegal narcotic were also found inside cosmetic items in her possession, including a jar of cream.The charge against her was laid by the Royal Canadian Mounted Police (RCMP). Bail was granted to Rahaman with several conditions attached. She has to surrender her passport to the RCMP, report once a month to an RCMP station near the airport, and she cannot leave the province of Ontario. Because she was charged as a Guyanese national and is a landed immigrant in Canada, Rahaman also faces deportation if she is convicted of the crime.Guyana-born Kissoon, one of the most prominent lawyers in Toronto’s Caribbean community, said he is waiting on the disclosure of evidence from the Crown before planning his defence strategy. The $25,000 bail was made up of $5,000 in cash and $20,000 in property put up by Rahaman’s mother. Rahaman is scheduled to return to court on June 13.