Dad of murdered baby testifies

THE FATHER of 18-month-old Jameel Rochard gave evidence yesterday in the preliminary inquiry into his son’s death before Chief Magistrate Sherman Mc Nicolls in the Port-of-Spain Eighth Magistrates’ Court.

Monica Rochard, 28, is charged with murdering Jameel Rochard, who died in a fire at his Blue Basin home on November 25, last year. She was charged following investigations by Sgt Anthony Lezama of the West End CID. Jameel’s father, Jude Bonaparte, of Diego Martin Main Road, Blue Basin, was the fourth and last witness to testify for the day. Bonaparte gave evidence under the directions of State attorney Candia James. His testimony followed that of WPC Charmaine King of the West End Police Station, PC Michael Veronique of the Port-of-Spain Homicide Bureau and George Roxborough. Roxborough owns a shop at Blue Basin Road, Diego Martin. Defence attorney Nadia Ashraph was absent from court as she was ill. She will cross-examine the witnesses at the next court date. James told the magistrate the State intends to call five more witnesses in the matter which was adjourned to next Wednesday.

Travel agents say business slow due to Iraq war

ALTHOUGH the post- Carnival period is generally regarded as a “slow period” in the airline travel industry with departures out-numbering arrivals, travel agents in south Trinidad have reported a drop in new bookings for the United States and Canada.

One agent predicted a worldwide slump in tourist arrivals for the remainder of 2003. Farouk Khan, manager of Farouk Khan Travel Agency, told Newsday yesterday that while there were no cancellations among persons booked to travel to the US, a large number of “leisure travellers” had adopted a “watch and see” approach to the current US war against Iraq. “There are fewer new bookings taking place right now,” he said, adding, “But, Trinis like to travel, and will travel, but anxiety over this war is affecting everyone,” he said. Khan said travel among Caribbean islands seemed unaffected, pointing to fully booked Easter weekends to Tobago, Grenada and Barbados. In full agreement was Constellation Travel Service manager, Mr Rosales, who said while there was “no new activity” out of New York and Miami, the Port-of-Spain/ Toronto route showed no signs of a decrease. “In fact, this route stood up in terms of visitor arrivals and departures,” he said.

Rosales said travel agents worldwide were already bracing for a further slump in an industry already affected by the fall-out from the Sptember 11th, 2001, World Trade Center bombings. “Severe economic hardship is bound to follow the longer this war drags on,” he said. Echoing his sentiments was an agent at TECU Travel Agency who said several international companies had advised their personnel to refrain from travelling during this period of uncertainty. “We have had a few cancellations from these companies who, like everyone else, is waiting to see what happens, though if this conflict goes on for several more weeks then it is the end of travel for 2003,” she said. However, travel agent at Amrals Travel Service, Eric Ali, said their bookings out of JFK and Miami remained “on schedule” with “no cancellations”. But Ali admitted that several persons had expressed fear of flying to the US. “We just have to wait and see what happens,” he said.

Airport project started without approval

THE Town and Country Planning Division (TCPD) did no checks to ascertain if  Birk Hillman Consultants (BHC) complied with several conditions before planning approval could be granted for construction of the Piarco Airport. In addition, former UNC Minister John Humphrey did not obstruct the Division in carrying out those checks.

However, the Minister did frustrate officers of the Division by his directive that approval be given before an evaluation was carried out of an Environmental Impact Assessment (EIA). So said Carol Smart, Director of TCPD yesterday when she was questioned by Humphrey’s attorney Sean Cazabon, at the Commission of Inquiry into the Piarco Airport Project. Smart reiterated that it was the first time officers were frustrated by a Minister. She confirmed that construction of the airport terminal began without planning approval from the Division, which was not unusual. She agreed that planning approval for the Grand Bazaar was given after construction began, but said in that case the developers were not asked to submit an EIA. She agreed with Cazabon that since construction of  the airport began without planning approval, Humphrey could not be blamed, because he was not yet Minister of Planning and Development. However she explained that because of the size, scope and nature of the Piarco project, the Division wanted an assessment of the EIA. 

In response to further questions from Cazabon, Smart said the Advisory Town Planning panel was established to advise the Minister of Planning of appeals. However, when Humphrey took over the portfolio of Planning and Development, he expanded the functions of the panel to advise him on everything. She agreed that Humphrey had that right and there were no complaints about the changes he initiated. Smart also agreed that if Humphrey was advised by the panel to direct the Division to give approval, he was merely acting on that advice. But Smart said she didn’t know if such advice was given by the panel, which was chaired by Tim Mooledhar. Coincidentally, she revealed that Mooledhar also advised BHC, and his dual role as advisor to both the Minister and BHC was a conflict of interest. Smart said when developers fail to comply with the Division’s directive to meet certain conditions, they are first served with a notice requiring them to fulfil the conditions, after which failure to comply can result in enforcement of the law under the TCPD Act, which is a minimum penalty. She told Cazabon the Division never checked to determine if BHC had fulfilled their obligation to meet the conditions stipulated, and agreed that the Division was never obstructed by Humphrey in carrying out that duty.

Smart said she didn’t expect everyone at the Division to agree with the Minister, but pointed out that it was the first time she had encountered such frustration by a Minister. Smart also agreed that approval for drainage for the project had to be given by the Tunapuna/Piarco Regional Corporation, which fell under the portfolio of the Ministry of Works and Transport. Cazabon will question other witnesses who implicated Humphrey on April 4. The inquiry will continue this morning when Tyrone Gopee and Jearlean John are expected to reappear.

New project to stop elder abuse

BY 2050 the world’s population of senior citizens or elderly people would have grown to a ratio of two to every one child in society, according to Minister of Community Development and Gender Affairs Joan Yuille-Williams.

Yuille-Williams was at the time addressing the launch of a project called Stop Elder Abuse Now (SEAN) by the Trinidad and Tobago Coalition Against Domestic Violence at the Cascadia Hotel St Ann’s yesterday. Yuille-Williams made reference to the Geriatric Adolescent Partnership Programme (GAPP), which was launched by her Ministry to bridge the generation gap between the young and old and to teach youths to love, care and respect their elders. The Minister pointed out that SEAN would be a support to the work being done by the government and she was looking forward to the day when SEAN was no longer needed “The day when the elderly would be treated the way they are supposed to be treated,” she noted.

The SEAN project was first initiated in 2001 after several reports from groups, agencies and concerned individuals about the violence elderly people were exposed to from nursing homes, family members and the general public. The Coalition at SEAN would heighten public awareness of elder abuse in all its forms. They intend to launch a public education programme to inform the national community about responding to incidents of elder abuse and ways to access help. In addition, the project seeks to introduce training programmes for care-givers and other service providers to help them better understand the physical, social, psychological and spiritual needs of the elderly. Also addressing the function was Advisor to the Social Development Minister, Olton Felix, who said the Ministry was establishing a Division of Aging to look at policies and guidelines needed for dealing with the elderly.

The Coalition will begin training volunteers for the SEAN project on Saturday. They will also hold a national conference on elder abuse in September and visit secondary schools across the country to educate students on the importance of treating elders the right way.

Caroni’s new world order


Discover your entrepreneurial spirit, Caroni workers are being told. Be prepared for new jobs, arm yourselves for retraining; words that are becoming Government’s mantra for re-deploying workers whose lives are wedged to the sugar industry.    

Some $953 million will go towards Caroni’s enhanced VSEP programme, of which $25 million will go to help train employees for jobs outside of the sugar industry. Even as the government faces strident opposition on how it goes about the restructuring of Caroni, government is pushing ahead with plans to provide training opportunities for cane farmers wishing to enhance their current skills and take up new careers under its VSEP programme. Employees’ VSEP letters include forms that can be used to request specific areas of training available at some of the leading institutions in Trinidad and Tobago. This training is being provided by government at no cost to employees.

Easier said than done. “Leave to go where, to do what?” a cane cutter said as he sat under a tree in a canefield in Freeport last week. “This is what I know,” said another, waving his cutlass towards the cane.  According to Agriculture Minister John Rahael, the training being provided by government through various institutions across the country are to help employees find jobs outside of the sugar industry. “What we are trying to do is make these people marketable and help them find jobs with new and enhanced skills,” he said. Over 2,500 Caroni employees have already opted for VSEP and Rahael expects that over the next few weeks more people are going to apply for VSEP. “I want to encourage them to take the VSEP and all the other non-cash benefits like land and skills training because it is in their best interest,” he said in an interview.

Rahael noted though that while this training is being provided, it does  not mean that they will be absorbed into the restructured sugar industry. But UWI economist Dr Dhanayshar Mahabir disagrees with Rahael. He said the government does not have a plan for labour adjustment in a declining sugar industry. He said the creation of job opportunities required investment in infrastructure and a recognition that time is needed for such an an exercise, noting that economic adjustment would take at least seven years. “Accordingly,” he said, “the ‘cold turkey’ approach of government will result in social fallout, and government will have lost its opportunity to convert a large loss-making state farm into a profitable agricultural network comprising numerous family farms producing for both domestic and foreign markets.”

As it stands now, cane farmers have over 75 academic, technical and vocational courses from which to choose. These will be made available through institutions like the Youth Training Employment Partnership Programme (YTEPP); the Ministry of Agriculture; UWI School of Continuing Studies; the Employers Consultative Association; the National Energy Skills Centre (NESC), and Cipriani College of Labour and Co-operative Studies, among others. The government has hired the Employees Consultative Association (ECA)  to provide confidential counselling, psychological and financial advisory services.

Linda Besson, executive director, ECA, said the organisation is providing training and re-training activities to those persons who opted for VSEP. She said consultation sessions have already started at centres in Usine, Ste Madeleine, Sevilla and Woodford Lodge to assist employees in dealing with the unease that often accompanies separation — whether due to financial anxiety or family tension. “Our counsellors will also guide employees in how to take charge of their future using the many opportunities available to them through Caroni’s enhanced VSEP,  including the challenge of self-employment.”

She said these services are currently available to all employees and will continue to be accessible even after their separation from the company. Besson said financial and investment advice will be provided by financial  institutions like Unit Trust Corporation, First Citizens Bank, Scotiabank Limited, Eastern Credit Union and the National Insurance Board. “What we are really doing,” she said, “is helping people cater for a career change and to enhance their skills to become employable or become self-employed.” Zameer Mohammed, business development manager, NESC, said NESC’s package includes custom-made programmes designed with the Caroni employee in mind.

In a presentation on February 28 to Caroni’s board, Mohammed told Caroni’s board that compressor maintenance, project management and applied computer and controls system could be offered.  Mohammed said the aim of the programmes is to offer Caroni employees a choice, rather than a short one-off course. He added that their research into Caroni’s competency gaps revealed that there are four distinct categories of personnel who needed re-tooling:  tradesmen/helpers; trainee/technicians; foremen/technicians and engineers. There are competency gaps in all categories, he said. “The NESC,” he said, “will make every effort to match industry experience, maturity and other variables to create an active learning environment for Caroni employees.”

Mohammed explained that most of the programmes offered by NESC to Caroni require little entry qualifications, stressing that its customised programmes can create the groundwork for entry into the programmes. One of the unique features of NESC’s offering to Caroni is that all full-time participants are eligible for placement in existing organisations for specified periods. “This allows for industry adaptation and application of new technology.” He said he could not guarantee that all persons who enroll in NESC’s programmes will get a job. “The NESC,” he said, “is about increasing the probability at securing a job. We do this by relating our programmes to labour market studies, competency gaps and new and emerging trends in industry and technology.” Mohammed said the cost of these programmes to the government has not been determined. He said Caroni has to determine how many and what kinds of programmes they are interested in and the delivery mode (fulltime or part-time). “The NESC is open to all these options for delivery. Only then can an assessment of the cost can be determined.”

He said the NESC has not received any applications as yet from VSEP applicants for enrollment, but he noted that the institution has indicated to Caroni of its readiness to begin its customised programmes immediately. YTEPP’s Paras Ramoutar said the programmes will cater to everyone at Caroni, regardless of age. Those enrolled in YTEPP on a full-time basis will be placed in a “skills bank,” where they can find jobs, he said. With skills training, Rahael  is confident that most, if not all, of Caroni’s employees will be able to find jobs. “We anticipate a boom in the construction sector with all the schools, houses, office accommodations and government buildings that have to be constructed,” he said. There will be a shortage of skilled construction workers, noting that Caroni workers can help fill this void. “This is just one of the sectors that we are catering for,” he said, adding that he hoped workers “will discover their entrepreneurial spirit,” he said.

Sir ElLis: Abuse of power to encourage monopolies

In an obvious reference to TSTT’s monopoly, one sixth form attending Junior Achievement’s (JA) Speakers Forum on business morality and ethics, wanted to know whether  it was ethical for any government to continue to protect it.

Panellist and former President Sir Ellis Clarke response was that monopolies have been considered ‘bad things’ for many centuries. However, he explained that it may be the policy of a particular government to permit a certain monopoly to a certain extent for a limited time. Ethical behaviour and morality in business were the issues that dominated the JA at the Trinidad Hilton.  Titled, “Ethics — the New Demand in Business” it was hosted by JA in collaboration with ROYTEC. The 300 sixth formers who gathered for the forum grilled guest speakers — former  Presidet Clarke; Sir Dwight Venner, Governor of the Eastern Caribbean Central Bank and Sam Taylor, chief operating officer, JA International — on different aspects of business ethics and morality. “The monopoly,” said Sir Ellis, “might be in an industry that needs tender care and protection. So there may be circumstances where it would be proper and ethical for a government to give special protection to a monopoly.”  He noted though that it would certainly be an abuse of power to encourage monopolies. 

Sir Ellis Clarke said there is no doubt that morality is difficult to instil in the business arena. “You can implement certain rules and laws, but in the general run of things there are some people who try to ‘escape’ these rules and laws” adding, “some people even try to escape the divisions of the Constitution when they have to make decisions.” Sir Ellis observed that morality goes a lot deeper than the question of laws and rules. The law, he said, enforces penalties and standards so people in business and in every aspect of life accept certain basic principles of propriety, morality and justice. “But people should do the right thing without somebody holding a weapon over their heads. If this is the way the law operates, some people will find ways to escape or circumvent the law.” He added that while the rules and laws are useful in some circumstances, morality and ethics are needed to transcend the law in some instances. “The demand for morality and ethics in business was always there. It is something that we have not seen, but it is something fundamental to our existence in every sphere, including business,” Sir Ellis said. 

Taylor said the challenge for people right now is for them to discover their own ethics. “What do you really value and why? You get down to what is important to you and what forms the basis for your ethical behaviour.” Taylor said laws tend to follow the behaviours that are developing in society. “The challenge for people, especially young people is to identify what their values are and that should guide them,” he advised. Taylor added that taking a specific route in life does not make someone an ethical person. Sir Dwight Venner, believes that business ethics and morality should improve in the coming years. He said in response to all the revelations of bad business practices in large firms like Enron and Worldcom, many organisations are going to take stock of themselves and try to improve their values and ethics. “I think that what we are seeing in the world with respect to issues like war and HIV/AIDS, are a lot of people re-examining themselves spiritually and otherwise,” he told the students. Sir Ellis said it is necessary that people ask themselves certain basic ethical questions. “I think now we should start asking ourselves questions like ‘who am I? and what is my purpose in the world?’ Because our ethics and morality will depend on our answers to those questions.”

He said each person’s ethics will tell them that certain things are permissible while other things are not. “We have to become clearer in our thinking. There was a time when we did not question issues like these and simply went along with what we were told. I think we are now developing simple fundamental concepts about what life is really about.” One student asked the panellists to give business owners some advice on how to save their businesses during the war. He said during the war of all wars — World War II — there was an infusion of innovations that were incredible. “Now I am not advocating that we have a war for innovation, but the truth of the matter was that a lot of technological innovations came out of the adversity.” He said his advice would be to hope that the war finishes quickly and that businesses do what they do best — look for opportunities or problems that they can solve.

Pressed on the roles of women in business, Sir Ellis said the fairer sex is making its mark in the world today. “I honestly believe that men are in a dying breed. Women are proving to be very successful in the corporate world and might very soon dominate the boardrooms.” Earlier, Wanda Bernard, marketing manager, ROYTEC, said the incidents of questionable business practices and occurrences within recent times has raised the question of whether schools can adequately prepare future leaders to deal with the issues of ethics in business life. “With corporate scandals and billion dollar bankruptcies dominating headlines for more than a year, business ethics have become a hot topic from the corporate boardrooms to the business school campuses.” She said some corporate icons who were formally referred to in the halls of learning as successful business leaders are no longer occupying the pinnacle  normally reserved for those with a demonstrated track record of success. “They have, however, re-emerged as subjects of corporate case studies in the study of questionable business practices,” she noted. Bernard said the scandals associated with business have forced employers to ensure that employees at both the clerical and professional levels possess the correct attitude and behaviour for the workplace. “Employers consider these areas key prerequisites for employment,” she said.

Sifting through the chips

It is noon — lunchtime — and the scene at the Independence Square outlet of a fast food chain is one of chaos as people rush for seating and jostle each other to be first in the condiment line. The queues at the four cashiers extend almost to the door as people wait expectantly to get to the front of the line to place their order. At other fast food outlets a stone’s throw away, the scene is no different — long lines of hungry people.

Coming out of one outlet with his three piece chicken combo tucked under his arm, barely concealed in the familiar brown paper bag, Newel Alexis was on his way back to his workplace to partake of his long — awaited lunch. Why the office? “There is no room in there to sit,” he said. “The place is always full. No matter what time or what day you come here, it is full.” He says he eats the fried stuff every other day. “It’s easier for me since I live alone and I can’t really cook and besides, it tastes good.” A female customer, who preferred to remain unnamed, said that the fried chicken was a weekly treat for her. They are among a growing army of people for whom fast food has become a way of life. But in the US, things took a dramatic twist recently with lawsuits filed against some big-name fast food outlets.  As a result, American magazines and newspapers have been bombarding readers with blaring headlines on the hazards of fast food :  “FAST FOOD KILLS!”, “WE’VE GOT TO STOP EATING LIKE THIS” and “MAN SUES FAST FOOD COMPANIES FOR OBESITY.”

In recent times, lawsuits against fast food companies in the US have become common place. In the biggest suit filed to date, Caesar Barber, a 56-year-old maintenance worker took broad-based action last July against the fast food industry, specifically four restaurants, for allegedly contributing to his obesity. Standing at 5 feet 10 inches and weighing over 270 pounds, Barber claimed that the restaurants, where he was accustomed to eating four to five times a week, failed to disclose the ingredients of the items on their menus. The case, which was filed in the New York State Supreme Court, also says that the four restaurants — McDonalds, Burger King, Wendy’s and KFC — failed to warn the public of the dangers of eating too much. According to Barber’s lawyer, Samuel Hirsch, the multi-billion dollar fast food industry has an obligation to warn consumers of the risks associated with eating from their menus. He alleges that the fast food companies were negligent in selling food high in salt, sugar and cholesterol in spite of numerous studies linking such foods to problems of obesity, diabetes, coronary heart disease, high blood pressure and strokes among others. Could Trinidad and Tobago, which allegedly has the highest ratio of fast food outlets to population in the Caribbean region, go down that litigious road ?

According to Pizza Boys CEO, Jearlean John,  fast food, like everything else was meant to be eaten in moderation. However, if a company realises that their product can affect people’s health, “there is need for disclosure,” she maintained. “The average person here understands that once something is not done in excess there will not be any significant problems, said Dane Darbasie, KFC CEO in TT. “I don’t think this will be a big issue in Trinidad.” The class-action suit filed by Caesar Barber, John said, was not unexpected, especially in light of lawsuits against tobacco companies. “Whether it was justified is a matter of personal choice and how strongly the plaintiff feels about his case,” she said. “It is possible that the same thing can happen in Trinidad and Tobago,” John went on to note, “since the world is connected and people are aware of world issues and events.” “However,” she asserted, “I don’t believe that businesses can be held accountable for every grievance that society has,” adding that “there is an element of personal responsibility here.”

According to Dr Geoffrey Frankson, head of the Wellness Centre, TT’s  health cost will rise if we do not take stock of the type of food we consume. Frankson stressed that the problem of obesity and heart disease was growing in TT. In fact, heart disease is the number one killer among the adult population, while obesity significantly contributes to other diseases such as hypertension, diabetes and cardiovascular problems. Obesity, Dr Frankson said, is also the number one health problem among people who believe that they are healthy. “The risks associated with obesity are not generally recognised,” he maintained. When asked if the fast food industry should shoulder some blame for our obesity problems, Dr Frankson said, “they can do whatever they have to in order to make a profit,” he said. “However,” he went on to add, “by giving in to the demand of the public for high calorie food, they are indeed contributing to the problem of obesity.”

There have also been at least two previous lawsuits alleging negligent or misleading practices in the fast food industry. Some years ago, McDonalds settled a $12 million suit and apologised for wrongly describing its French fries as vegetarian. A similar lawsuit was filed against Pizza Hut for supposedly using beef fat in its Veggie Lovers Pizza. Obesity is fast becoming a significant problem in the US, where more than 60 percent of adults are overweight and more than a quarter are obese. This means that these individuals are 20 percent over their ideal weight and face  major health problems. It has been estimated that one third of all cancer and heart disease, as well as up to 80 percent of diabetes could be prevented if people ate less, ate healthier food and exercised more. However, until this realisation hits home, the rising cost of being overweight continues to contribute to an overburdened US health care system. In the year 2000, obesity-related health costs totalled $117 billion, according to a study done by the US Health and Human Services Department.

Frankson further noted that problems like heart disease and diabetes put a strain on productivity, in addition to the fact that many times they were difficult to treat. “More than 25 percent of the National health budget goes into the treatment of diabetes and we are as yet unable to meet the demands for the treatment of heart disease,” he said. One in eight people in TT, over the age of 35, are said to be suffering from the disease. Dialysis treatment for kidney problems costs almost $10,000 per month, another expense that is difficult to meet. “Of course there is no treatment for the lifestyle disease and by the time people become ill, it is essentially too late,” he asserted. In the US, the battle rages on as consumer and health groups lobby to get the country’s leading fast food chains to list calories, along with prices on their menus. This move will follow the lead of a number of packaged foods. However, the consensus is that the fast food industry will not exactly welcome the idea with open arms. Some say, if implemented, this might mean that companies will ultimately sell less food. Darbasie thinks listing calories will not deter people from buying fast food. 

“I can’t see us losing business once people know how much cholesterol food may contain. They will still treat themselves to it once in a while.” This sentiment was also shared by John, who believes that people will buy at the same rate, even if they are aware of the calorie count of food items. “In fact,” she stated, “sales might increase as people know exactly what they are paying for, and in that regard, be able to make more informed decisions and selections.” Darbasie said that the international KFC Corporation was indeed making plans to follow in the footsteps of the packaged food industry in listing the ingredients of their menu items. However, he noted, this plan was set for the long-term and the local franchise would only adopt it once the international corporation gives it the thumbs up. Darbasie linked the cases of obesity and health problems cited in the US lawsuits to excessive consumption of the products rather than to the ingredients used. He said, “obviously anything consumed in excess will have a negative impact on health and most fast foods tend to be fried foods since frying is the quickest method of cooking. Oil as you know is the biggest contributor to the problem of high cholesterol.” He noted that this problem is dependent on how much oil is used in the frying process. If ‘old oil’ — oil which has already been used — is utilised, as opposed to ‘new oil’ then, he explained, the food tends to absorb more oil.

The KFC standard requires that only new oil be used to cook food to prevent absorption of oil, he said. “In TT, where the general population is concerned, our cooking habits tend to include the usage of large amounts of oil, from stewed chicken to even curried chicken.” However, he noted, there are some members of the upper and middle classes who are exceptionally health conscious. Darbasie said, “I don’t think that there is a significant problem of obesity in Trinidad, at least not when compared with that of the United States, where the people basically live on fast food. We haven’t begun to abuse it yet.” “From where I stand this is not a big issue in TT,” he said. The local company is planning to introduce a number of other, more wholesome products including corn nuggets, no-fry sandwiches as well as other non-fry options. Commenting on allegations that the fast food industry is guilty of using additives in their recipes, as well as supersising their products to boost sales, Darbasie said that the use of additives in food was not an issue in TT. “Generally,” he said, “the majority of products used in our menu are local, although the fries are imported. There is absolutely no use of additives.” “Supersizing,” he went on, “was never a success in TT and I am not aware of any local company which adopted this practice.” “Trinidadians are not big eaters like the Americans and we don’t usually buy what we can’t eat. In the US, the standard drink is a 60 ounce Pepsi, there is nothing like that here.” The local franchise presently offers a promotion which states that you can upsize a regular portion of fries and a 16-ounce drink to a large fries and a 32-ounce drink, which is served in a plastic cruiser cup. This, Darbasie maintained, is basically considered a collector’s item by customers. “If you have the proper standards in the industry and offer a wide variety of products to supplement the various tastes of the clientele, then you should have no problems,” he said.

Liquid capital markets will bring transparency — RBTT executive director

Keith King, RBTT’s Executive Director,  Corporate and Investment, has told his Jamaican counterparts that concentrating the economy on a single industry is dangerous. Any downturn in that sector would lead to social and economic dislocation, he said.

He spoke at a  recent seminar organised by the Council of the Jamaica Stock Exchange, in Kingston. The topic was, “The Need for Liquid Capital Markets in the Caribbean”. He said he would continue to champion the issue, because of his belief in its singular importance to the Caribbean and the Caribbean people. Having a liquid capital market is of critical importance, especially for the growth and development of the Caribbean region. According to King, another benefit  is having a de-regulated financial sector. “New avenues for access, or improved access to capital, generally reduce financing costs,” he said. It has been shown, he added, that entry of foreign banks, increases efficiencies, as banks, faced with new competition, must either learn new skills, adopt new technologies, or falter.

Another benefit that liquid capital markets will bring was transparency. “A liquid capital market facilitates price discovery to property price, price and value securities, due to the free flow of information inherent in an efficient market,” he said. “A developed financial sector has always been the fulcrum of development and increased transparency has been proven to lead to decreases in corruption and political manipulation,”King said. Referring to the need for a regional Stock Exchange, King explained that it would serve to encourage regional capital to flow. “It will also facilitate the minimization of country risks to the investor, through the diversification away from the home market to the regional Caribbean equities. “A Common Stock Exchange would also encourage the development of a more active secondary market — a key component of a truly liquid market”, said King.

King recalled that since 1992, this region had started the processs for a Caribbean Stock Exchange, but this is not yet complete. “The four-stock exchanges currently in operation in the Caribbean (Jamaica, EC, Trinidad and barbados are beset by issues such as small market capitalisation, limited number of stocks, small volumes, limited trading hours, and concentrated stock ownership. “I however ask the question about the viability of these four stock exchanges and wonder whether liquidity and market efficiency would not be better served by a merger into a single exchange with an electronic network, connecting broker desks throughout the Caribbean”, said King. He said that Exchange should reside in a jurisdiction where there is the geatest liquidity, buoyancy, market capitalisation, foreign direct investment, foreign reserves, free movement of capital and freer movement of Caribbean labour. He added: “Today, market capitalisation for the Caribbean totals a mere US$2. 7. “The markets are so small that much of the public viewed them as being subject to manipulation by a few powerful individuals and corporations’.  “Another key component for the realisation of a liquid market is a common currency”, he added.

A blot on justice

IN OUR VIEW, the streams of justice must not only flow unpolluted but also unimpeded. Over the years, one of our main criticisms of the justice system has been its tardiness, the fact that some cases took too long to come to trial and, as a consequence, litigants and accused persons were being denied the justice that was their due. To the credit of our courts and judges, successful efforts have been made to reduce the backlog of matters and speed up the delivery of justice.

Unfortunately, however, that effort was never effectively extended to the Magistrates’ Courts which handle more than 80 percent of the litigation occurring in Trinidad and Tobago. That is why we must now commend the action being taken by Chief Justice Sat Sharma to deal with delinquent magistrates whose lack of performance in appeal matters amounts to what he has described as “a blot on the administration of justice”.

Because of the failure of many magistrates to provide written reasons for their court decisions, the appeals filed by convicted persons could not be listed for hearing. The Chief Justice condemned this delinquency on Monday when, presiding over the Appeal Court, he had before him the case of Joan Ajim who had filed her appeal in 1988 after she was convicted for possession of marijuana by a magistrate and sentenced to three years in prison. Mr Sharma also noted that a number of magisterial matters coming before the Appeal Court on Monday dated back to the late 1980s and early 1990s.

We must share the indignation of the Chief Justice over such a scandalous state of affairs. Every citizen has the right to appeal against decisions of judges and magistrates and, since most convicted persons would have been sent to jail, nothing should be done to prevent or retard their appeals being heard in reasonably quick time. That such matters should take as long as ten and 15 years to be heard, sometimes longer than the actual prison term served by the appellant, is quite ridiculous. But the situation becomes more intolerable when the blame for this delay lies with magistrates who fail to provide written reasons for their decisions.

We must endorse the measures which Mr Sharma has taken to remedy this problem. First, he has requested the Judicial and Legal Service Commission not to consider any magistrate for promotion unless and until he or she has concluded their part-heard matters and given written reasons for their decisions in appeal cases. Also, the CJ has instructed that all magisterial matters, with or without the magistrates’ reasons and notes of evidence, should be listed for hearing in order to avoid any further miscarriage of justice. However, we wonder about the evenness of this latter measure since the judges of the Appeal Court will not have the thinking of the trial magistrate to guide them in adjudicating the case. Their task may even be more difficult without the magistrate’s notes of evidence.

It seems to us that magistrates who have been chronic or habitual in this kind of delinquency, actually obstructing the course of justice, should be brought before the JLSC for more serious discipline, perhaps lengthy suspensions if not dismissal. But apart from dealing with the performance of magistrates, the Chief Justice must also seek to upgrade the outdated system operating in the lower courts, most notably the tedious practice of magistrates recording the evidence of trials in their own handwriting. Often the court’s clerk-typists have problems decifering these hand-written notes and, when they are promoted or go on leave, this job remains undone. Our magistracy must be an efficient place for the administration of justice; the CJ must strive to make it so.

MUCH ADO ABOUT RED HOUSE


“The old order changeth, yielding place to new….”: Lord Alfred Tennyson, The Passing of Arthur.

Should the People’s National Move-ment Government go ahead with its plans to shift Parliament from the Red House to a nearby complex it would be the fourth or fifth time in our history that the seat of Government, for that is what the Red House is, would have been moved.

The uproar caused by Prime Minister Patrick Manning’s recent announcement of Government’s intention to de-establish the Red House as the home of Parliament and the seat of Government, the reactions of horror triggered, are indicative of a colonial mindset, which proclaims that “What was good for Massa, must be good for us.”

Clearly, the argument should be not whether Parliament should be relocated, but whether the money that would be allocated, if substantial, would be better spent on improved education and health facilities, as well as on teacher training and medicines for the aged and lower income groups. It is a question of priorities, not whether British colonial Governors presided there, and that the Crown Colony Legislative Council sat at the Red House.

To say that the association of Parliament with the Red House is an untouchable part of our history is an absurdly cringing and grovelling posture. The British had no such qualms about continuity, when they not only abolished the Cabildo as the principal form of Government, but removed the colony’s seat of Government from the Cabildo building on Sackville Street, Port-of- Spain, after Trinidad was ceded to Britain by the Treaty of Amiens. They relegated the Cabildo to the power equivalent of a British Town Council and stripped it of its old authority, which had been peculiar to it.

The British set up a Council of Government, abolished it (the Cabildo) in 1840, and put in its place what would today be known as the Port-of-Spain City Corporation. Even the Spaniards, Trinidad’s first colonisers, had shifted the seat of Government from San Jose de Oruna (St Joseph) to Port-of-Spain. I add, without comment, that the Cabildo building in St Joseph had been rebuilt on several occasions. I wish to make this clear. The Cabildo, though in essence a Town Council, had, nonetheless, been the principal Government structure.

Britain neither wished to continue for long with the old Spanish Trinidad system of Government and would stamp its own on Trinidad. The Spaniards, when Trinidad and Tobago was a colony of theirs, had established San Jose de Oruna in 1593 as their capital, and the Cabildo building erected there was the seat of Government.

Admittedly, it was horribly modest by today’s standards, and certainly nowhere as imposing as the Red House. But one year after St Joseph had been founded, the Spanish Governor at the time, Antonio de Berrio, moved there and pompously declared it the (place of the) seat of Government. Several of the world’s nations have not only shifted their Parliament buildings and rebuilt them, but like Trinidad under the Spaniards, actually moved their Parliaments (seats of Government) to entirely new cities.

For example, the United States of America, which recently invaded Iraq without the sanction of the United Nations, had New York City as its first Federal capital. This was from 1785 to 1790. George Washington’s first inauguration as President of the United States was held at New York City’s Federal Hall on April 30, 1789, and would be the last Presidential inauguration there.

But the 13 States, then comprising the USA, which on July 4, 1776 had declared their Independence of the United Kingdom, were somewhat uncomfortable with New York State, whose capital was New York City, or indeed any other State, housing the capital. They would later reach a compromise. They carved out the District of Columbia, created the capital, Washington, there and so it has been to this day.

The recently independent Americans did not concern themselves with such ‘important’ reminders of their colonial past and the historical value of Parliamentary buildings constructed during British rule. Good Heavens, they not only refused to have any truck with them, but within five years had shifted their Parliament from New York City’s Federal Hall.

In turn, the Brazilians shifted their capital and Parliament from Rio de Janeiro, which had been the choice of and built by their former Portuguese colonisers, to the entirely new city of Brasilia. Those who had reservations with respect to the twin move were not the Brazilians, but rather foreign nations with diplomats accredited to Brazil, as this meant having to face the cost of relocating their Embassies and Missions to Brasilia. They grumbled, but they complied.

The ancient African nation of Kush, which demonstrated to the world that Empires can be humbled, when shortly after the Crucifixion of Jesus (known to his followers as the Christ), its troops had defeated the forces of Imperial Rome, changed its capital cities, and, ipso facto its Parliament buildings, several times.

Its capitals have included the legendary city of Meroe and Napata. It was to the north of Napata, in Philae and Elephantine, that Kushite soldiers had engaged and overcome troops of the arrogant Roman Empire. Today, a portion of Kush forms a not insignificant part of the Sudan, and the other, that of Egypt. But as I stated earlier the Government should first establish priorities, if the removal of Parliament to the planned location at its immediate North, indicates substantial expenditure.