Time will tell on CLF

Sources told Newsday, “The purpose of a liquidation is to recover as much as possible from an insolvent (bankrupt company.” The sources added that, “Only time will tell how much taxpayers money injected into bailing out CLF can be recovered.” On Friday, Justice Kevin Ramcharan okayed the liquidation of CLF by granting the order sought by the Government to recover the debt owed to taxpayers as part of the 2009 bailout of several of CLF’s subsidaries.

PM condemns attack on media

In a statement issued by the Office of the Prime Minister, Rowley declared, “The reported physical and abusive attack on media personnel is wholly unacceptable and should not be initiated or encouraged by any person, under any circumstances.” Rowley said where any laws have been broken, “it is unreservedly expected that adequate law enforcement is available so that the law will take its course.” He said that in so far as these reports relate to problems and allegations at State-owned Petrotrin operations, “it would be in the interest of all parties and the nation as a whole if necessary investigations of all aspects of these operations, are permitted to be conducted and concluded in such a manner as to facilitate clear and definitive conclusions which would allow the necessary accountability that the circumstances demand.” Media workers were threatened and physically attacked in three separate incidents last week but as they sought to cover the same story. According to a couple of the workers, among their attackers was a police officer.

The incidents occurred in the same location as the journalists sought to take pictures of the Penal premises of a lease operator who has been named in a major audit report that pointed to fraud in the delivery of oil to stateowned Petrotrin. The company, according to the report was billed some $100 million for oil it never received.

Focus on CJ Archie as law term opens

Archie, who has been called on to resign as Chief Justice, following the imbroglio of the resignation of former chief magistrate Marcia Ayers-Caesar and who has adamantly said he will not be doing so, is expected to address the criticisms levelled against him and the Judicial and Legal Services Commission (JLSC) of which he is chairman.

Questions have been raised on the JLSC’s ability to make appointments since the resignation of two members, retired judges Roger Hamel-Smith and Humphrey Stollmeyer in June, particularly the appointment of seven new Masters to the Family Court.

There has been no announcement of replacements for either Hamel-Smith or Stollmeyer.

Today’s ceremonial opening will begin with an inter-faith service at the Holy Trinity Cathedral, Hart Street, from 10 am. Chief Justice Archie will then lead a short procession of judicial officers, lawyers and other dignitaries to the Hall of Justice on Knox Street.

Archie will inspect the Guard of Honour by the Police Service before making his way to Convocation Hall, where he will deliver his annual address and declare the new law term open. Rumours are also rife that in addition to leading members of the inner bar, several judges may also not attend today’s opening.

Ayers-Caesar’s abrupt resignation in April, which in a lawsuit against the JLSC she has denied, left some 53 cases in limbo. While some of these preliminary inquires have restarted, others are still in doubt. There has been no official word from Director of Public Prosecutions Roger Gaspard on what action he will take on some of these cases, which includes decade-long murder inquiries.

Gaspard in May called for a definitive statement on the status of Ayers-Caesar, saying he could not exercise his powers unless he is officially told whether the former chief magistrate resigned.

Government has announced a decision to file an Interpretation Summons to have the court pronounce on the matter and sources say this is expected to be completed this week for filing.

At a meeting between Prime Minister Dr Keith Rowley and Opposition Leader Kamla Persad-Bissessar in mid-July, Persad-Bissessar rejected the proposal by the Prime Minister for a legislative resolution to the Ayers-Caesar debacle.

Ayers-Caesar was appointed a judge of the High Court on April 12 and resigned after prisoners whose cases were left unfinished rioted.

Ayers-Caesar is also challenging the revocation of her appointment as a judge and she will know next week if she has the permission of the court to pursue her legal action against the JLSC.

Giuseppi sheds a tear for media

And he believes the. focus is no longer on. producing quality. work but maximising. profits.

“I really don’t know. why I bother because. apparently, it is a lost. cause. One of the major. problems is the. fact that the emphasis. is no longer on. standards but merely. on the pursuit of. the Almighty dollar,”. Giuseppi wrote in. his new book, The. Journey Continues,. which was launched. on Friday at the National. Library, Portof-. Spain.

Excepts of the book. were read by criminologist. Renee Cummings,. comedian/. cultural activist Errol. Fabien and Giuseppi’s. close friend Valerie. Laurent-Thomas ,. daughter of late educator. Eugene Laurent,. one of his mentors.

Cummings read for. the audience Giuseppi’s. observations in. the book about the. breakdown in journalistic. standards.

Giuseppi wondered. if media practitioners,. particularly. those on radio and. television, were being. called upon by their. managers to answer. for mistakes made on. air.

“I wonder also if. proof readers exist. today in the print. media,” he said, adding. that correct pronunciation. of words. also appeared to be a. thing of the past.

Cummings elicited. chuckles from the audience. when she read. Giuseppi’s comments. about a newspaper. headline, Man Dies. After Committing. Suicide.

He said another. newspaper, reporting. on the same suicide,. told its readers “the. dead man was seen. walking down the. road a few moments. before he committed. suicide.”. Giuseppi also wrote. that a newspaper ran. a sentence in a story. which read, “Homicide. victims rarely. talk to the police,”. while another said,. “the body that was. found on the Beetham. Highway caused. the police to work on. the theory that the. man was alive at the. time he died.”. Giuseppi bemoaned. the fact that. media managers do. not appear to care. about such blunders.

“But that is what. has become of the. media today.”. He said, however,. that while contemporary. media appears. to have “deteriorated. into mediocrity or. worse,” some of the. “unforgivable errors”. are not limited to the. present era.

Giuseppi recalled. that an announcer,. during his years at. Trinidad & Tobago. Television in the. 1970s, conducted a. live interview with. famous jazz musician. Dave Brubeck,. in which he asked,. “How many members. are there in your. quartet?”. Giuseppi also recalled. calling the. chief executive officer. of a radio station. after hearing an. announcer refer to. someone as vomit.

“I asked her why. the particular announcer. was allowed. to use that type of. language on air. Her. response to me was. that he (announcer). was making money. for the station and the. public loved it and,. therefore, as far as she. was concerned it was. acceptable. I hung up. the phone and wept a. tear,” he wrote.

In the book, Giuseppi. also spoke. candidly about his. prostate cancer scare,. distaste for politics. and love of golf.

.

Report not the end

However, businessman Christian Mouttet’s presentation of his report to Prime Minister Dr Keith Rowley must not be the end of the matter.

Earlier this year, when asked whether Mouttet’s report would be released to the public, Rowley said he had no doubt that it would be. But in Parliament on Friday, Rowley said he would, “make it available to the committee that is taking a specific view on this matter.” The national community deserves to know what happened in relation to this fiasco and so this report should be made available to the members of the public who – in both Trinidad and Tobago – have had to contend with the malaise surrounding the seabridge day in and day out.

Transparency will allow persons against whom adverse findings may have been made to respond.

Given that the Prime Minister has already concurred that there may be something “crooked,” it will be for the Parliament’s committee and several State agencies to determine what lessons can be gleaned in the long-run from any specific findings.

One thing is clear, however. The report serves as only one part of the overall deliberations by MPs –and possibly other institutions.

The Parliament committee system must be allowed to continue its deliberations thoroughly and in a manner commensurate with the principles of fairness.

Already, the proceedings before the Parliament’s Joint Select Committee which is examining this issue have been revelatory.

While those proceedings remain ongoing and while it is for the committee to make findings and come to its own determinations, the evidence heard thus far has painted a picture that leaves a lot to be desired. We have been left with the impression of constant tension and in-fighting at the Port Authority, a key State body which has oversight for a range of crucial matters that affect commerce, security and infrastructure.

This is an authority that affects the lives of thousands daily.

Within any organisation, there is expected to be a certain degree of politics; of tension; of disagreement.

If such were absent, then serious questions would have to be asked as to whether the organisation is healthy.

However, things take on a different tenor when the normal hustle and bustle of an organisation becomes tumultuous. Such a breakdown is rarely the action of one individual but rather a sign of deeper dynamics.

Whatever the source, internal problems should not be allowed to undermine the ability of state enterprises to function efficiently and above board.

And furthermore, the precincts of Parliament should not be used simply as a sounding-board for a continuation of boardroom banter and disagreement. A Parliament committee is a place regulated by the rules of fairness in which persons are made to comply with orders but are also allowed to reply to adverse matters raised.

This has long been our Parliament’s tradition.

In this regard, we look forward to continued hearings of this Parliament committee which is due to have further witnesses this week. One scheduled to appear is Dr Rowley himself.

But other probes into this matter persist and whatever Parliament concludes, it will be for the Port Authority, investigating agencies, the Public Service and the Cabinet to act.

One report has been submitted, yes. But let us continue to get the facts.

PM: Govt must be prudent

However, he again gave no indication as to the size of the fiscal package.

Speaking to reporters during a health fair at Diego Martin Boys’ RC School, in his constituency, Rowley said the country’s dire economic circumstances demanded that the Government be prudent and disciplined in its approach.

“There has to be discipline. As much as we would like to do a lot of things, we have to do the things that must be done,” he said.

Finance Minister Colm Imbert announced shortly before the proroguing of Parliament on Friday that the fiscal package, the third of the Rowley administration, will be delivered on October 2 at the International Waterfront Complex, Port-of-Spain.

Last year, the Ministries of National Security and Education received the heftiest allocations.

Turning his attention to the health fair, the Prime Minister said an individual’s health was important to their well-being.

“Health, in general, is so important.

It is natural wealth,” he said. “This fair is important because, firstly it awakens people to pay attention to their health and, also, not just to pay attention but to manage their health.” Urging citizens to pay close attention to their health, Rowley said similar events have already been held in Carenage and other parts of his constituency.

He said a fair also was being planned for La Puerta in the nottoo- distant future.

“So, it is bringing health care to the communities, adding to what is already there. But, in this case, we get to bring in a number of specialists and health care givers and have lectures to encourage them to take care of their health.” Rowley said preventive arrangements in dealing with one’s health can be of tremendous economic benefit “not just only to yourself but the nation as a whole.” “If you manage to intervene and preserve your health, there are only benefits to be had.” Yesterday’s event featured a walkathon from the Merrytones Panyard, Bagatelle Corner to Diego Martin Boys’ RC School.

Constituents were able to access blood pressure and glucose tests, pap smears, prostate examinations, ear, nose and throat check-ups, eye tests and mental health evaluations.

Several health organisations, including the Advanced Cardiovascular Institute, Trinidad and Tobago Cancer Society, Newtown Medical Centre, Ministry of Health, AA Laquis, Family Planning Association and the North West Regional Health Authority, participated in the event.

Family wake for Melan tonight

The bodies of Salvary-Doyle– the first Trinidadian confirmed dead in the wake of Hurricane Irma’s onslaught on St Martin, more than one week ago–and her three-year-old grandson, Oliver Robert-Gedio, are currently in Guadeloupe where autopsies where scheduled to be performed.

After the autopsy, her remains are expected to be flown to Trinidad for burial.

However, it is unclear as to whether her grandson, who was born in St Martin, will also be buried in this country.

Salvary-Doyle and her grandson were swept away in raging waters while trying to seek shelter from the storm which slammed into St Martin as a category five hurricane on September 6.

The mother of six was taking care of the toddler at the home of her daughter, Daphne, when the tragedy occured. Daphne was not at her Rue Round The Pond French Quarters at the time of the incident as she was reportedly taking care of a newborn grand-daughter some distance away.

Yesterday, Salvary-Doyle’s sister, Emily Pasqual, told Sunday Newsday the family still had not received any word from the Ministry of Foreign Affairs about when her body would be returned to Trinidad.

“We have not heard anything new but we were told that the autopsy would take about one week.

The body was only flown to Guadeloupe on Thursday,” she said.

In the interim, Pasqual said a wake for Salvary-Doyle has been planned for tonight at her daughter, Jane Meyers’ home in Cunupia.

She said they were also planning a celebration of life for her on Friday but this will be dependent on confirmation of when her remains would arrive in Trinidad

Jorsling double lifts Army over Rangers

Ann’s Rangers on Friday night at the Ato Boldon Stadium, Couva.

Trinidad and Tobago international Hashim Arcia grabbed the winner for the Army/Coast Guard combination after Rangers had first levelled the scores before going ahead through two spectacular individual strikes – both in the second half – with Gerald Meloney and Kathon St. Hillaire producing their debut goals in style.

The win moved Marvin Gordon’s side up two spots on the standings into fifth with 12 points, two points behind fourth-positioned San Juan Jabloteh and two points ahead of three-time defending champions Central FC, who both have two games in hand, while Rangers remain bottom of the 10-team standings and tied on seven points with Morvant Caledonia United who must visit Point Fortin Civic from 6pm at the Mahaica Oval on Tuesday.

Also on Tuesday, W Connection and Central FC will renew arguably the fiercest rivalry of the Pro League from 8pm at the Ato Boldon Stadium following a 6pm top-of-the-table clash between Club Sando and North East Stars.

Jabloteh meanwhile, must take on hosts Police FC from 6pm at the Police Barracks all after competing in this weekend’s FA Trophy 2017 Round of 64. Jorsling, in a rare start this season due to absence, fired Defence Force ahead from the penalty spot in the second minute for his first goal of the season, wrong-siding Rangers goalkeeper Cleon John after referee Cecile Hinds ruled a foul in the box against the St Ann’s club.

But Rangers later levelled the score at 1-1 less than two minutes into the second half when Meloney, from almost 30 yards out, beat a fully stretched Defence Force goalkeeper Sheldon Clarke.

Clarke was helpless again in the 55th minute when St. Hillaire, from inside the right of the area, lashed a powerful strike off the outside of his right boot to swing the ball beautifully into the Defence Force far top corner for a 2-1 Rangers’ lead.

Rangers, despite being without the offensive prowess of Xae-Pierre De Fou, Anselm ‘Worm’ Jackson and recent signing Neil Gerard Mitchell, were a spirited bunch under new coach Adrian Romain but showed defensive flaws – especially defending on crosses – and were made to pay despite the heroics of shot-stopper John.

John, the Wendy’s Player of the Month for June 2017, had made no less than seven saves inclusive of twice denying winger Reon Moore and a tricky attempt by Defence Force captain Jerwyn Balthazar.

Jorsling, who was denied by the upright after heading a right side Shaquille Bertrand free kick towards goal and twice by John, grabbed the Defence Force equaliser in the 57th minute, putting the scores at 2-2 with a cool finish off a low Bertrand cross to move five goals ahead of North East Stars attacker Kerry Baptiste who scored his 150th Pro League goal in a 1-1 draw with Jabloteh last Tuesday.

Another cross, this time swung in by Moore, proved damaging for Rangers—a brave and youthful side against a full strength Army/Coast Guard combination on the night—in the 65th minute when Arcia sent a powerful header past John to make it 3-2.

Talented Rangers midfielder Omari Lezama had an ambitious go at goal in search of an equaliser but his strike from distance flew just wide upright before Clarke produced a fine save to deny substitute Kazim Donald a minute from time and Defence Force held on for victory—their first since hammering W Connection 4-1 on July 29 while their previous outing ended in a 2-2 draw with rivals Police FC on August 11.

PM to talk on Mouttet report

On Friday, the prime minister told the Parliament he had received the report and said he review its contents over the weekend.

But yesterday, Rowley said: “I have read it and I am very disturbed by what I have read and I would make it available to the investigation in the Parliament and the AG’s office.” He further said the report contained “some matters of concern.” “So, I am going to the JSC (Joint Select Committee) on Monday and I will make my comments there.” One month ago, the Government appointed a sole investigator, businessman Christian Mouttet, to conduct an independent investigation into the contracts for the Cabo Star and Ocean Flower 2, both of which were procured by the Canadian- based Bridgeman’s Services Group.

Mouttet was given a time frame of 30 days to produce a report.

Investigations into the procurement of the vessels also are being carried out by the Port Authority of Trinidad & Tobago, Integrity Commission and Parliament’s JSC.

JSC for democracy

We here have a constitutional democracy which remains quite deficient in “representing” the people. Slowly but robustly filling this breach is the list of active joint select committees (JSC).

From the age-old neglect of the constitutionally-driven Office of the Director of Public Prosecutions (DPP), corruption-prone Educational Facilities Company, the infamous Estate Management Business and Development Company to the administration-challenged Land Settlement Agency and Self-Help Commission, the flush of JSCs, fully spirited and purpose-focussed, are now breaking new ground of public inquiry and accountability — even with some embarrassment to high office-holders.

It now seems democracy moving into high gear. Our parliament has a range of committees — sessional, standing, house, privileges, statutory instruments, business, special select, public accounts, public accounts enterprise, departmental committees.

A JSC is empowered through the parliament to send for persons, papers and records relating to the subject being investigated. Following the British Westminster traditions, our JSCs have three important features: limits to its power to summon, privilege, and members’ integrity. The JSC is really parliament in action – comprising an equal number from both houses.

The historical foundation of the JSC resides in its power to summon persons, demand papers and records.

The JSC’s power to compel persons to appear is now limited, thus creating an almost fatal blow to the JSC principle. The JSC on its own does not yet have the power to compel an official or citizen to appear.

It can, however, make a report to parliament, and possibly, depending on the circumstances, the attorney general can exercise some power in this respect.

A similar situation applies to a member refusing to appear. It remains to be seen whether our parliament will legislate to applying this residual power to strengthen the JSCs.

Reviewing precedents on the historical powers of parliament, Canadian MP, Derek Lee, states: “Based on principles firmly established on constitutional and parliamentary law, a house of parliament has the full authority to summon and compel the attendance and testimony of any person, and to summon and compel the production of any document,”(Power of Parliament to Send for Persons, Papers and Records, University of Toronto Press, 1999).

Parliament, by tradition, not only has privileged freedom of speech, but the right to punish for contempt and make its own rules.

Sometimes mistakenly called the “highest court of the land,” our Parliament is less than supreme.

Parliament may make laws unless they are “shown not to be reasonably justifiable in a society that has a proper respect for the rights and freedoms of the individual,”(Constitution, Section 13).

This implies that 41 MPs and 31 senators could sit, argue and decide to make a law that has no “respect for the rights and freedoms of the individual” as required in Sections 4 and 5 of the said constitution to which these members have sworn to upkeep.

And it is left to an individual, a judge, to determine this? Quite intriguing! For those who feel radio and television have an unfettered right to record events in parliament, check again. Firstly, the media is there through general permission of the president or speaker, not through “freedom of the press” as stated in the Constitution.

Secondly, there are controls.

Recordings shall not be used for commercial advertising, for election advertising, or for ridicule or satire (watch it Rundown).

The early beginnings of the JSC expansion faced some teething problems.

For example, as chairman of the early JSC empowered to inquire and report on service commissions and municipal corporations, I understood the spirit of the Ramesh Maharaj-driven legislation meant public broadcast for the hearings.

The then Senate president, quite cautiously, objected. I resorted to legal advice and the Solicitor General’s opinion.

Yes, it was open to public broadcast unless the entire house says otherwise. JSC work then became alive and direct.

Th public is not too happy with the behaviour and performance of our parliamentarians.

A strict code of ethics should help just as the House of Commons has. Then there is also a Parliamentary Commissioner of Standards.

But meanwhile, our bipartisan JSCs are doing a good job for our democracy.