In a telephone interview on Thursday, Daly said, “When you look at the media release there are three sentences that cannot be interpreted than anything other than the language of a decision having been made.” He was referring to a letter an attorney representing the CJ wrote to former attorney general Anand Ramlogan,SC, in which he said “no such decision was made” at a meeting of stakeholders on May 24.

Ramlogan on June 12 wrote to attorney Ian Roach, who represents Archie, seeking answers on the consensus arrived at a meeting of stakeholders on May 24, when it was reported these stakeholders agreed to have all 53 cases restarted de novo (new trial). However, in his letter to Ramlogan dated June 20, Roach said, “Your letter proceeds on a wholly erroneous premise. My instructions are that no such decision was made in your letter.” On May 25, a release by the Judiciary’s Court Protocol and Information Manager Alicia Carter- Fisher, announced that a decision was made at the stakeholders meeting of May 24. In the release, Carter-Fisher said, “consensus was reached and the meeting agreed to have all 53 matters restarted de novo.” It was also announced that Ag Chief Magistrate Maria Busby-Earle Caddle would preside over all indictable cases, while all summary matters would be taken over by an assigned magistrate at the Port of Spain Magistrates’ Court. All other Eighth Court matters which were not started will be managed by the acting deputy chief magistrate, the statement further noted.

Speaking with Newsday on Thursday, Daly pointed to the key sentences of the release sent by the Judiciary on May 25, which he (Daly) said it were obvious consequences of a decision having been arrived at when the parties met with the CJ.

“It is not conceivable that it is a question of interpretation or misinterpretation as the Chief Justice’s attorney is now saying,” Daly said.

“It (the wording of the Judiciary’s media release) is entirely consistent with an administrative decision having been taken,” he said.

In his letter to Ramlogan, Roach also indicated that “no further directives were issued to any judicial officer as to how they should deal with the matters which may come before them.” He also told Ramlogan that “no person or persons arrogated unto themselves the power to determine the future conduct” of his client’s case.

“Your client’s legal representative is free to make any representations or submissions he considers appropriate before the presiding magistrate and have same dealt with at that time. That is the protection of the law and the right to a fair hearing that the Constitution guarantees to your client,” Roach further advised Ramlogan. Several of the affected part-heard cases are expected to be called next Tuesday.

The fact that many citizens will now have to dig deep into their pockets and find thousands of dollars to replace the loss of property due to flooding, could the Valuation Division of the Ministry of Finance give some guidelines as to the assessment of the rental value of such homes that are prone to flooding for the purpose of calculating the property tax? Furthermore, where the property tax has been paid, could such citizens sue the State for loss of property.

IMAAM IQUBAL HYDAL Felicity

Andy Moses, 40, of Claxton Bay and Bernard Baptiste, 56, of Mayaro were abducted on Wednesday night while they were both repairing a car under Moses’ home. They have since returned to their families.

“Around 3.45am, they called from Bernard phone and say they wanted $10,000 in 15 minutes or else,” said the relieved but shaken Murica Moses in an interview with Newsday outside their home yesterday afternoon. “I told them it had no way for me to get $10,000 in 15 minutes and they hung up on me.” Moses was at home yesterday, said Murica, but sleeping after the night’s traumatic experience. But she related the story as told to her by her husband. Murica said Baptiste and her husband __ a supervisor for an off-shore company and the owner of a trucking business __ were repairing a faulty fuse on a car in the open area under their house when two men with guns ambushed them. She said the men jumped out of a car which stopped at an electricity pole not far away and ran up on them.

“He told me he had just finished putting in the fuse and when he raise up, the gun was already to his head.” Upstairs with her three young daughters, Murica locked all the doors and called the police as the men ordered her husband and Baptiste into the very car they were repairing before speeding off with them.

After calling the police, Murica said she called her husband’s phone several times and realised it was turned-off. “But they were turning the co-worker’s phone on and off and answering ever so often and we kept saying ‘doh kill them, doh harm them’ and they kept hanging up.” Murica said she asked to speak with her husband but was denied. And at about 3.45 am, they called from Bernard’s phone and said they wanted $10, 000 in fifteen minutes or else they would have killed him.

Murica did not pay any money, but somehow the two men were able to escape their captors.

“They beat up and tied up the co-worker with shoelaces because like he was giving them trouble,” said Murica.

“But they did not tie up my husband because he was not giving trouble.” But at about 8.30am on Thursday morning, her husband called her from a stranger’s home in Caparo to say they had escaped.

“They took them to something like a camp in a forest in Carapo. My husband said he called to them to say he needed to pee and got no answer, so he freed Bernard and they walked out of the forest in the direction of the sun until they reached the house.” Murica commended the Couva police for their quick response time and professionalism.

Her husband was taken to the Chaguanas Health Facility and then taken to the Couva Police Station for questioning.

Murica said her family has not yet come to terms with what occurred and they are planning to install cameras on their home to increase their security.

She is now unable to walk and was was taken before Justice Althea Alexis-Windsor in a wheelchair.

On Thursday a jury was empanelled. Jagmohan was charged with murder but in May 2010, she was freed by a San Fernando magistrate after a preliminary inquiry. However she was re-arrested and charged on instructions from the Director of Public Prosecutions.

Former attorney general Senior Counsel Ramesh Lawrence Maharaj was given a fiat to prosecute the woman.

Jagindranan’s body was found in a drain off a gravel road at Lalbeharry Trace, Debe on June 25, 2007. He was reported missing the previous day. Jassodra is represented by attorney Prakash Ramadhar. The matter has been adjourned to July 3.

Hearing of Jones’ constitutional claim came up before Justice Devindra Rampersad in the Port of Spain High Court yesterday, when it was also indicated that the Trinidad and Tobago Council of Evangelical Churches will reconsider its position on wanting to intervene in the claim. The matter has been adjourned to July 25.

Jones’ constitutional claim challenges Sections 13 and 16 of the Sexual Offences Act, which criminalises buggery and serious indecency even between consenting adults.

“The very existence of these sections continuously and directly affects the claimant’s private life by forcing him to either respect the law and refrain from engaging – even in private with consenting male partners – in prohibited sexual acts to which he is disposed by reason of his homosexual orientation, or to commit the prohibited acts and thereby become liable to criminal prosecution,” Jones’ fixed date claim form states. Jones is also claiming that the long-standing legislation contravenes his constitutional rights to privacy and freedom of thought and expression in addition to being in direct contradiction to this country’s international human rights obligation.

His lawyers are also contending that the legislation opens his client to public prejudice and ridicule as it labels him and other homosexuals as criminals.

“He is accordingly the subject of extensive societal prejudice, persecution, marginalisation, a lifelong entrenched stigma that he is an unapprehended criminal by virtue of being homosexual and he experiences the lifelong fear of being punished for expressing his sexuality through consensual conduct with another adult,” the lawsuit adds.

He is being represented by Richard Drabble, QC, Rishi Dass and Antonio Emmanuel. Senior Counsel Fyard Hosein is appearing for the Attorney General.

Jones’ lawyers will also argue that since the controversial legislation amended in 1986 and 2000 repealed and replaced pre-Independence sexual offences legislation, covered by the savings clause, it is open to review.

Delivering the eulogy, the boy’s godmother said while only her godson knew the reason for taking his own life, she believed he was searching for his father’s love. The boy’s parents were separated and the mother has since re-married.

He also had two younger brothers.

“He was an intelligent young man, a star in his own right. He loved to go to church.

He had told his mother that he wanted to get baptised and he was baptised in this very same church.

“But he was a troubled child searching for something. He loved his father and was trying to gain that love. Parenting does not come with a manual, so there is no such thing as the perfect parent, and he was not the perfect child,” she said.

She said the boy suffered because of the negative relationship his parents had.

“Fathers, do not neglect your children because of the relationship you have with the mother. Do not make them suffer for that love.” The woman said the young man could do anything he set his mind to because he was very strong-minded.

She thanked the Children’s Authority which, she said, did everything to help the boy who was much loved by his mother and aunts.

“In his mind he felt he was doing something to end his troubles.

We have to ensure that this does not happen to another child. When he wanted to do something he would do it no matter what you said or did.” NB: For anyone who may consider harming themselves can reach Lifeline at 800-5588, 231-2824 and 220- 3636.

Sources revealed that Burris is being paid $2500 for each of the two autopsies.

The intervention came after families of the two deceased, a dancer who died while at dance classes and a decomposed body which was found, made stirring pleas to the Division of Health in Tobago for the autopsies to be done so that their loved ones could be laid to rest.

Newsday was told the temporary contract was expected to be presented to Mc-Donald-Burris yesterday and the autopsies could be carried out today.

A source said Mc Donald- Burris’ contract with the government ended on June 2 and legally she is not authorised to do any autopsies on behalf of the Forensic Science Centre.

There is concern, however, that when Mc Donald-Burris leaves the country in mid-July, there will be no pathologist available to work in Tobago.

Newsday was told that Dr Hughvon De Vignes has allegedly refused to do autopsies in Tobago because he has complained about, among other things, not enough mortuary attendants at the Scarborough hospital.

The other pathologist Dr Valery Alexandrov has also refused to do autopsies in Tobago until he told why Des Vignes continues to refuse to work in Tobago.

Last December and in April and May this year, Alexandrov sent to Tobago by the Ministry of National Security to do autopsies.

Yesterday Alexandrov questioned the legality of Mc Donald- Burris’ temporary contract and said the Ministry of National Security needs to have this matter addressed quickly before a crisis erupts in Tobago.

He said if people die in Tobago in mid July and autopsies are required, there will be no one to do those autopsies.

“This is ridiculous,” Alexandrov said. “People whose families have died are the ones feeling the full brunt of this situation because of the failure of someone to fix the problem”. He said he agreed on three occasions to carry out the autopsies because he felt for the families of the dead.

Before him is a judicial review application by several of the Piarco Airport corruption accused who are seeking to stop a magistrate from hearing the corruption case against them.

At the start of hearing yesterday, Seepersad invited attorneys to voice any concerns they may have with him presiding over the application.

“Having regard to these recent developments, the court wishes to reiterate that it has no control over the matters that are placed on its docket but, as always, the court shall unapologetically continue to fearlessly and impartially discharge its constitutional obligations in a way that is transparent and judicious, even if its attempt at proficiency causes discomfort in some quarters,” he said.

He further explained that when the case came to him, he referred it to the judge-led case calendering committee to make a decision on whether it should be reassigned.

Seepersad said having considered the issue, the committee found no rational basis to remove it from his docket.

“Over the last few weeks there has been a significant degree of disquiet and misinformation in the public domain in relation to the methodology and manner adopted with respect to the assignment of certain matters to this particular judge.

“Some three days after scurrilous social media statements made their way onto the front page of a daily newspaper, the Judiciary issued a statement which sought to explain the computerised random nature of the docketing system under the Civil Proceedings Rules.

This was followed by welcomed statements by the Law Association and leading members of the bar.” He said for him, the public’s confidence in the administration of justice was of paramount importance.

Queen’s Counsel Edward Fitzgerald, who leads a team of attorneys including Senior Counsel Fyard Hosein for former UNC financiers Ishwar Galbaransingh and Steve Ferguson, former ministers Sadiq Baksh and Brian Kuei Tung and former Airports Authority executives Amrith Maharaj and Tyrone Gopee and companies Northern Construction Limited and Maritime General Insurance, said they had no concern or objection to Seepersad hearing the matter.

Senior Counsel Gilbert Peterson, who represents the Director of Public Prosecutions who is seeking to intervene in the matter, said he had “absolutely no issue,” adding that he was also pleased the Law Association had spoken out in defence of the judge.

In their application for judicial review, the Piarco Airport corruption accused, who are before Senior Magistrate Ejenny Espinet in the Piarco 2 inquiry, are seeking to have the magistrate removed from hearing their almost completed case on the basis of bias.

They contend that in her rejection of their no-case submission on February 10, Espinet concluded that there was a prima facie case made out against them when she had no jurisdiction to make such a finding.

They have alleged that the magistrate in her “flawed” ruling made a series of conclusive adverse findings against them and had already reached a conclusion on their committal without giving them an opportunity to advance their defence.

Lawyers for the accused have asked Espinet to recuse herself and she is expected to rule on these submissions on Friday.

Galbaransingh, Ferguson and the others are charged with a series of criminal offences arising out of the construction of the Piarco Airport Development Project dating back to 2002.

Gospel artistes Travis Greene, Jonathan Nelson and Jonathan Mc Reynolds performed before a packed Shaw Park Complex at the recent Glowfest. Over 2,500 patrons sang along as the artistes gave soulful and energetic performances. Patrons waved, jumped, danced for hours on their feet.

Over the last few years, bmobile has been instrumental in the staging of this event, which has now become a Tobago staple.

“Glowfest is one of two major gospel shows on the island, which take place every year. We really enjoy being a part of this experience. It tends to attract hundreds of visitors from Trinidad, which is important for our tourism industry and is always well supported by the youth, which is very important for bmobile and our youth development mandate,” Onica Blackman, enterprise marketing and communications manager, TSTT , Tobago Operations said in a media release. Patrons also had the opportunity to win a Huawei Y 5 by posting a selfie #lifeison, via social media.

Managing Director of Glow International Kern Cowan, was ecstatic that the concert came off successfully this time, as it had to be postponed in 2016 due to Hurricane Matthew.

Of their first time in Tobago Mc Reynolds and Nelson said after their performances: .

“It was incredible. The energy, the joy you guys have is amazing.

It makes me just wanna sing everything,” said the Chicago-born Mc Reynolds. The 27-year-old who writes his own songs, said his inspiration comes from his own life, his own prayers and conversations with friends, “God has given me a gift to turn conversations into music.” While Mc Reynolds is especially popular amongst the youth, Nelson who was born in Baltimore but lives in Miami, Florida leans more towards a mature audience appeal.

“It was absolutely incredible. I think this is by far my favourite island. There were no seats on the floor and for at least two hours everybody stood and participated. I can’t wait to come again,” said Nelson.

Samuel was speaking on Thursday during the debate on the Criminal Procedure (Plea Discussion and Plea Agreement) Bill 2017.

He said in plea bargaining the prosecutors are the ones who have the “big guns”.

“From a defendant’s perspective plea bargains are geared to extort a guilty plea.

Plea bargains are not there to help the accused but they are there to possibly tell the world that there is a deficiency in the justice system.

To tell the world that in a time where there is a lack of confidence in the systems in Trinidad and Tobago. Plea bargaining will suggest we are attempting to cover up inefficiencies. The inefficiencies of the police service to effectively investigate and detect and because there are inefficiencies there are prosecutorial inefficiencies.

In other words, things cannot happen in the normal process of court and history proves there are more cases that are being lost, so we have found a shortcut to commit people to prison,” he said.

Samuel said no where in the Bill does it refer to the victims understanding when a plea bargain is being arranged.

He said in Canada, the victims have a say, they have a right to submit a victim impact statement at the sentencing stage.

He said the victims must have access to the information about any pre trial arrangement that relates to a plea that may be entered by the accused on trial.

“So there must be information given to the victims if the State decides we are going to enter into a plea. The victim has a right to know.

This bill does not suggest that until it reaches the court,” he said.

He said there is an imbalance with plea bargaining and with that imbalance justice cannot be served.

“At the end of the day it is the person with the upper hand that wins.

At the end of the day it’s the people with the support mechanisms that wins and we call that plea bargaining we call that justice.

We say to our citizens that we are offering you something but really what we are doing is finding a shortcut for a clogged system. Unfortunately I see no bargain, unfortunately I see no justice, unfortunately I see people being taken advantage of,” Samuel said.