N Touch

New laws needed for new forms of crime

NEW legislation is needed to address the transnational nature of crime and to enable mutual legal assistance between States as well as to deal with new forms of crime, such as cyber crime, product counterfeiting and kidnapping.

That was the view of Lancelot Selman, Chairman of the Caricom Regional Task Force on Crime and Security, when he spoke Thursday at the two -day ECA International conference on “International Crime and Terrorism: Implications for Business and Caribbean Economies,” at the Hilton Conference Centre. Selman noted that globalisation, improved communications and technology have enhanced international crime. He said those factors have also impacted the region, where one was witnessing higher levels of wanton violence, increased availability and use of firearms, increases in the number of murders and an increase in kidnappings. He said it was  very relevant for Caricom to address crime and security, especially since a safe and secure environment was a legitimate expectation of constituents and a pre-requisite to good governance. In addition, the region remained heavily dependent on direct foreign investment and tourism.

Dottin appeals to save youth from crime

Seventh Day Adventist Pastor Clive Dottin pleaded for the rescuing of youth from involvement in crime and the drug trade, when he spoke at a public discussion on “Crime — the role of the community” at Port-of-Spain City Hall on Thursday evening. 

Dottin blamed poorly structured families for making youth vulnerable to the lure of criminality. He slammed: “The mafiatic octopus has done a very good job of penetrating political parties. We are in a state of denial. We need the power of God to rescue our youth from the jaws of the mafia.” He warned: “The police could acquire guns, cars and technology but unless you have character, the Special Branch could become a rotten branch.”

Lamenting that many youngsters had lost their innocence, and indeed many others had never known innocence, Dottin charged: “We don’t need ruthless paramilitary leaders training them how to execute their enemies…We don’t need paramilitary hit squads training the youth and arming them.” He warned parents against accepting expensive gifts from their children without knowing from where they had got money to buy them. He said: “Where did your daughter get that $100 from? Has the maxi driver converted her into a prostitute?”  

Emphasising the role of parenting, he added: “We can’t address the issue of crime until we deal with the issue of fathers in the society. Some are abusing the “flowers” of the society, spreading Aids, and are addicted to alcohol.” Dottin concluded: “We don’t need security officers who are in the pockets of the drug lords and are then playing a Judas role executing the drug dealers. There has to be a fight to win back our youth. Teens are being executed…and are also the executioners. Who is arming our local teenagers? Talented men, criminals are controlling the youth. We need a spiritual liberation front…We need a dream, a vision of a drug-free society where there are no weapons.”  Also at the seminar’s head table were ACP Winston Cooper, DOMA representative William Lutchman and Councillor Harvey Borris.

Commission awaits AG’s advice

ATTORNEY General Glenda Morean was expected to give advice yesterday to the Commission of Inquiry into the Piarco airport development project, on whether four of the five members of the commission constitute a quorum and can hear evidence.

Yesterday when the commission met for the 145th day at the Caribbean Court of Justice, Chairman Clinton Bernard said the commission was still awaiting the “authorities” advice and as such did not intend to take any evidence. He added that he expected to hear from the “authorities by the end of the day.” As a result, Bernard adjourned the taking of further evidence from Peter Cateau, the Ministry of Works and Transport client representative to Monday at 9.30 am. At that time, lead counsel for the commission Theodore Guerra, SC is expected to further question Cateau, providing the AG’s advice is given.

Cateau, in the absence of his lawyers, Keith Scotland and Dawn Mohan, submitted several documents to the commission. He was supposed to have submitted the documents last week. The Commission’s hesitancy to hear evidence stems from the illness of one of the Commissioners, Peter Bynoe.  In his absence, Chairman Bernard is exercising extreme caution since there was no indication from the president when they were appointed, whether evidence could be heard by a quorum consisting of less than the five members. The other members of the commission are Keith Sirju, Marie Ange Knights and Victor Hart.

Doctor accused of biting cop pleads not guilty

DOCTOR MARK JOSEPH, who is accused of biting a policeman, pleaded not guilty to the three charges in the Couva Magistrate’s Court yesterday.

Joseph, who had a small bandage on the right side of his face, appeared before Magistrate Jane O’Connor charged with obscene language, possession of a weapon and assaulting Corporal Naresh Ramlogan. Joseph was previously granted $15,000 bail by a Justice of the Peace after he was charged by Cpl Ramlogan and Sgt Burke on Thursday. The medical practitioner, who is attached to the Accident and Emergency Department of the San Fernando General Hospital, was discharged from the hospital’s Psychiatric Unit on Thursday after being warded for four days.

Joseph, 39, of Exchange Lot, Couva, was represented by attorney Neil Ojar, when he appeared in court yesterday. Insp Lawrence Rondon who led the prosecution case told the magistrate that Cpl Ramlogan is due to go on vacation from June 2 to August 25, 2004, and would be leaving the country. Cpl Ramlogan was not in court. The magistrate adjourned the matter to May 29.

Khan: Two more Regional Corporations for PNM

WORKS MINISTER Franklyn Khan predicted yesterday that the ruling PNM would capture at least two additional Regional Corporations in the upcoming local government elections.

He was speaking to reporters after the launch of PTSC’s rural shuttle service from Princes Town to Marac, Moruga, at the Marac Baptist Primary School, on Thursday evening. The outspoken Minister, who is also the Ortoire/ Mayaro, representative said the party was “going after nine or ten” Regional Corporations. “Right now, it is seven-seven. We are after between nine or ten,” he said. Unlike other PNM officials, Khan admitted that while the party would make significant inroads into UNC-controlled Corporations, he said he did not expect a “clean sweep” at the polls. “I wouldn’t be so naive to think that we will win in Chaguanas and Couva/ Tabaquite/ Talparo,” he said, adding that certain sections of population “for whatever reasons,” would not support the ruling party. However, he said expectations were “extremely high” for major upsets within the two UNC-held Corporations that straddle the Ortoire/ Mayaro constituency, the Princes Town Regional Corporation and the Rio Claro/ Mayaro Regional Corporation. “Currently we will do very good and are expecting to tie the Mayaro Corporation three-three, and we are expecting to get two out of the nine in Princes Town, which is Moruga and Indian Walk/ Tableland,” Khan said.

The Minister also revealed that international consultancy firms were being invited to apply to the National Tenders Board for proposals on the development of a national transportation network. “The transportation landscape in Trinidad and Tobago is changing and must change in keeping with vision 2020,” he said. He added that the Ministries of Works and Education were considering proposals for specially built buses for physically challenged school children. Earlier, the PTSC Chairman, Ethelbert “Telly” Paul, said the new shuttle service formed part of the Corporation’s thrust in bringing an efficient transportation service to rural communities. He said the intention was to link rural communities, including Guayaguayare, Mayaro, Blan-chisseuse, Las Cuevas and Matelot to their respective civic centres.

3 TT nationals get Fullbright scholarships

DOUGLAS CAMACHO, President of Guardian Life of the Caribbean Limited, has urged corporate companies to come forward and assist nationals of Trinidad and Tobago to become Fullbright scholars at universities in the United States.

“To the corporate people here, I urge you not to look at it as a donation, but to look at it as a necessary investment in the human and capital potential of Trinidad and Tobago.” Camacho spoke at a ceremony hosted by United States Ambassador Dr Roy Austin on Thursday night at Flagstaff Hill, St James, to announce Fullbright scholarships to three Trinidad and Tobago nationals and to honour former President Noor Hassanali for his contribution as chairman of the committee which selects the recipients.

Maria Ruiz, formerly of St Joseph’s Convent, St Joseph, was awarded the Crowne Plaza scholarship in hospitality management. Heidi Achong, who attended Holy Name Convent, received the RBTT scholarship in business and finance. Mark Barrow, an attorney, won the Guardian Life scholarship in finance.

The ceremony was attended by St Vincent’s Prime Minister Dr Ralph Gonsalves and his Trinidadian wife Louise. In his address, Dr Austin said the Fullbright 2000 programme was the only one of its kind in the western hemisphere. He confirmed that the Fullbright programme had received a substantial amount of its funding from the Government of Trinidad and Tobago and local and multi-national corporations in this country. “Through these generous donations, some 26 nationals of this country have been awarded scholarships to the United States thus far,” the Ambassador added. “Again, I shall like to emphasise that we would not be here today were it not for the generous donations of the GOTT and the sponsoring companies to date. It is my hope that this programme will grow in strength and that it will continue to receive financial support especially from the corporate sector.”

Dr Austin said the Fullbright programme was an investment not only in support for world peace, but also in the development of Trinidad and Tobago. The US diplomat paid glowing tribute to former President Hassanali who he said had been a supporter of the programme from its inception. He described the former President as a stalwart in the Trinidad and Tobago society and who embodied the ideals of the Fullbright programme. Two nationals who were recipients of the Fullbright scholarships in the past, gave an account of their experiences during and after the programme. Dana Seetahal, attorney and Independent Senator, spoke of her experiences at the University of Minnesota, while attorney Deborah Mendez-Brown, revealed that the scholarship had opened new doors and experiences for her in the field of law.

Politicians cannot hide in Parliament

FORMER People’s National Movement (PNM) MP Dr Joe Laquis said any constitutional reform in Trinidad and Tobago must prevent politicians from using parliamentary privilege to unjustly malign the character of honest, law-abiding citizens. The veteran politician also charged the United National Congress (UNC) with blatantly abusing Parliament for that purpose, whether in government or opposition.

On Wednesday, Opposition Chief Whip Ganga Singh claimed the former Diego Martin Central MP, his son Mark and WASA vice-chairman Rawlingson Agard, were behind a $29 million overpayment by WASA to Waterfarms (Trinidad) Limited. Addressing a news conference at Crowne Plaza on Thursday, Laquis said: “What I have been told is that once it’s stated in the House and properly recorded by the newspaper, there is absolutely no recourse. Which means these dishonourable gentlemen can get up in the House at any point in time, say anything they want and the law abiding citizens of this land have no recourse. “It is one of the things I think we need to take note of in constitutional reform. The system can only work where honesty and honourability take place. If that falls down, the system itself falls down.”

Dr Laquis explained that a fundamental standard of any Common-wealth Parliament “is that you do not lie to the House” and “ in the past six years (under the UNC government) there have been many lies.” Referring to Singh’s allegation against him, he declared: “This one has got to be the most blatant lie.”  Laquis said while the PNM trained its parliamentarians to always respect the rules of Parliament, that training was sadly denied to UNC parliamentarians, who continue to bring Parliament into disrepute. “You must show absolute respect for the House,” he declared, adding that the PNM always showed respect to former House Speakers Hector McClean and Rupert Griffith during the six-year tenure of the Panday regime. Laquis said the present cadre of PNM parliamentarians demonstrated a higher level of diligence and sincerity towards people than their predecessors in the government of Prime Minister George Chambers (1981-1986) and Patrick Manning’s first administration (1991-1995).

Asked about his relationship with Prime Minister Manning, Laquis said he knew Manning since 1977 and while they had their “ups and downs” over the years, there was no aminosity between them.  He also believed House Speaker Barry Sinanan and Senate President Dr Linda Baboolal were very competent and Opposition accusations against them held no substance.

Bracing for floods?

SOON the rainy season will be upon us and the country, particularly residents of central Trinidad, will be expecting that enough drainage work has been done over the last five months to avoid the flooding disaster we experienced last year. They would not, however, be particularly comforted by the observations of Works Minister Franklyn Khan who disclosed on Tuesday that his Ministry has had difficulties in getting funds for major drainage work and that they were “a month or two behind” on a number of key projects. We find it difficult to understand why money should be a problem in the attempt to save a large section of our population from the severe inconvenience, dislocation, destruction and loss which gushing flood waters inflict on commuters, residents, business people and farmers in low-lying areas of the country.

Indeed, after last November’s horrors, we would have expected that funds for an adequate drainage programme would be readily forthcoming. It was estimated that more than $100 million in losses were sustained when the flood demon went beyond its ritual territory in Central and also ravaged extensive areas along the East-West Corridor and in South Trinidad, inundating several business places and damaging vehicles parked in compounds and on the road. Instead of abating, the perennial scourge rampaged into new areas and one expected that every effort would be made to prevent a recurrence when the rains come in 2003.

It is disappointing then to hear from Minister Khan that money for drainage has been something of a problem this year. One is left to wonder about the Government’s priorities when its enthusiasm for CEPEP, a grandiose make-work scheme, could produce a commitment of more than $400 million while urgently needed anti-flooding projects are experiencing funding difficulties. But the weather is notoriously capricious and Minister Khan may be lucky in his quiet optimism that, if the rainfall is normal this year and having regard to the work that has already been done, “we will not see the catastrophe we had in November 2002.” 

Work, he said, is due to begin in the next two weeks on the largest of the flood alleviation projects, that is enlarging the Caroni River’s drainage capacity by excavation of its edges and construction of an embankment on its south side, a job that is expected to cost $14 million. The second major project will be done in the El Carmen area while tenders are being invited for projects to start soon on the Guayamere River. In case of the Caparo River, which impacts heavily on the flooding situation in the Chaguanas area, work has already been completed on diverting some of its outflow into the Honda River.

According to Mr Khan, his Ministry has also been engaged in cleaning, desilting and grading several water courses, as well as constructing embankments at St Helana, Kelly Village, El Carmen, Bamboo #1, Marabella, Cipero, Diego Martin, Arima, Biche, Mayaro, St Joseph, Arouca, Beetham and Toco. Although important, desilting is not the “ultimate solution” to the flooding problem, he says. The answer lies in the construction of the Mamoral Dam for which designs have been completed and the cost estimated at $110 million. Eventually, of course, we will have to wait and see. The country will hardly be happy with the fact that so many important anti-flooding projects are due to start at the end of the dry season and that the need to control this watery scourge was apparently not given the priority it deserves. Very few, we think, would want to share the Minister’s quiet optimism.

He defended 15 murder accused free of charge

IN THE three years he has served as Director of the Legal Aid and Advisory Authority (LAAA), Israel Khan has defended pro bono 15 persons charged with murder. In other words, he gave his services free of charge to the accused who could not afford to pay for defence counsel. This may well be something of a record, but the successful criminal lawyer feels no special pride about it since, as he told this newspaper, he felt he should lead the Legal Aid Authority by example. “I made the sacrifice to send a message to Legal Aid lawyers, many of whom are still young in the profession, that money is not everything, that they should derive a certain satisfaction in helping poor persons facing capital offences in our courts.”

But the fact is that Legal Aid lawyers are now fairly well paid, thanks to the upgrading of their fees under former Attorney General Ramesh Lawrence-Maharaj. For non-capital offences, lawyers receive between $3,000 to $5,000 per case. Fees for taking briefs in capital offences range from $7,500 to $10,000 per case. But still, the LAAA Director feels there is a principle in his pro bono message that will always remain valid. Apart from giving freely so much of his time in court, Khan looks back with satisfaction on what he has achieved during his three-year term in making the LAAA what he believes is a truly effective agency.

For one thing, the list of Legal Aid lawyers is now fairly large, with 130 registered to handle criminal matters. On an average, some 40 attorneys are given matters every month. Not only are more attorneys benefitting but briefs are also distributed more equitably than when he took up the Directorship. That was because of the changes Khan made to the old procedure by which judges in court were appointing lawyers to do legal aid work. “When I took over, there was no systematic way of appointing attorneys. There was even a measure of touting in court and I felt the time had come to regularise the system,” said Khan. As a result, he decided to operate the Authority strictly according to the Act which stipulates that only the Director can assign attorneys to do legal aid matters.

That change at first created some anguish among a number of attorneys but the benefits were clear, not only in the equitable distribution of briefs but also in the transparency of the Authority’s operations. “Every month the list of lawyers who have been appointed to do criminal matters is sent to the Minister of Legal Affairs and this information is available to the public through the Freedom of Information Act and will soon be appearing on the Authority’s website,” the Director noted. As a result of Khan’s streamlining of the procedure, all the stakeholders in the judicial system, including judges, magistrates, the Probation Department, assist persons in getting legal aid which is now granted expeditiously and lawyers are paid their fees within ten days of completing their matters.

There has been some complaint among senior junior attorneys — those with ten years or more experience at the criminal bar — that they are only given difficult cases to do. “But,” said Khan, “Legal Aid is not about winning or losing a case, it is about assisting in the administration of justice by ensuring that the accused person gets a fair trial in accordance with the law of the land. “I have always maintained that the rationale for Legal Aid is not to assist lawyers to make a living but to assist the impoverished person in need of the services of an attorney.” Khan is also responsible for introducing a Code of Ethics to govern the conduct of Legal Aid lawyers. The Code has been approved by the Board and will be sent to the Ministry of Legal Affairs for transmission to the Law Reform Commission for drafting into the regulations of the Act.

As the three-year term of the Director draws to an end, Khan says he is prepared to serve a second term as many of his predecessors have done, but he is not lobbying. “I am not begging anybody to appoint me” he declared, “but the constitution of this country recognises that every citizen should be given the opportunity to serve on the basis of merit, ability and integrity.” However, Khan acknowledges that the appointment is a political one and, he says, “if the political directorate feels they can find a more suitable person, then I am happy with that.” Politically, Khan is non-aligned, holding no membership in any political party. He was once a member of the NAR but resigned from that party after serving his term as Alderman in the Tunapuna Regional Council, following the break-up of the party.

After raising some protest early in 2002 about a Minister wearing the PNM party symbol, the balisier flower, while conducting official business, Khan received a letter from Prime Minister Patrick Manning which pointed out that since 1956, the matter had been raised periodically “and there have always been advocates for both positions.” The PM added: “Having read most of your public statements, and even though I disagree with some of your positions, I am of the view that persons like yourself should be encouraged to participate in the building and development of the country.”

Working class needs protection

THE EDITOR: THE corporate citizens of Trinidad and Tobago and indeed, across the world, have long faced accusations of a loss of social conscience and a leave of social responsibility on their part. In the face of such claims, many companies have over the years undertaken various public relations strategies to promote a corporate image that has a human face and human understanding. Sponsoring children’s cricket, community building and related activities, scholarships and so on are quite commendable and companies that have accepted that sense of cooperation and co-dependence with people and communities deserve praise for taking steps in the right direction.

In fact, companies that have adopted those approaches can be seen to have much happier and committed employees as those strategies translate most times to improved employee relations policies. But there are still many companies and employers that simply cannot grasp the concept of social conscience. A television news report on the shortage of sugar for soft drink manufacturers and the response of at least one company serves to very clearly prove that. Solo official, Hayden Charles, was on television some nights ago talking about the sudden constraints experienced by his company because of an interrupted sugar supply. One of the major claims he made was that the company would have to send workers home for some weeks until there was regularisation in supply. Even if Solo received permission to import sugar, it would take some weeks and until then, workers would have to be sent home.

While one would need to understand the position of the company, one also needs to understand the predicament of the workers. The workers had nothing to do with the predicament of the company. In the absence of complaints, one can assume that they were working well and doing their best in the interest of the company. Their needs do not stop because of a setback at the company. They need to buy food, send their children to school, service monthly hire purchase and mortgage payments and pay for utilities. Daily expenses also continue. And especially in the light of this being a temporary situation, it would have been fair for the company to ensure that the workers were not just sent home with nothing.

There are some who would quickly jump to the conclusion that workers should not be paid for nothing. But therein lies the argument that companies have lost any sense of understanding for the people who drive the profitability of companies. Many workers live month to month and dedicate 100 percent of their energy to the well being of the organisation. Any lapse in monthly salary can very harshly affect their ability to keep it all together. That is a reality. There are also those who would attempt to portray a company locked in a tight position with a fall in output — it would be difficult to service salaries. Really, if a company is operating in such a manner where it is immediately affected by temporary setbacks, then the problem lies in executive administration and management and workers must be protected from having to pay for that. Companies and employers with a conscience and understanding of the way the working class and even some middle class people survive will ensure that every avenue is pursued in the interest of the worker before a harsh measure is taken.

Even if it means percentages of salaries are paid based on years of service to the company or some other fair measure. But under no circumstances should a worker, committed to the company and working towards company goals, be sent home with nothing. It is just not right to treat workers in such a way. For those who would care only for the clinical or academic view, it is there in management theory too — a company with a workforce that feels a sense of security of tenure and confidence that the company will look after worker interests as the worker looks after the company interests will experience much higher levels of productivity and efficiency. Company gains can come in the form of less wastage, fewer man hours lost to illness and a far better public image. But the main question here is, if companies can be allowed to take actions such as these, is the legislative framework governing workers’ protection and rights in need to an overhaul. Do we need to revisit labour laws?



Roger D Ramcharitar
rogerdr24@yahoo.com