JUSTICE STALLED

Law enforcement sources told Newsday yesterday the delays by labs in England and the United States in returning crucial results are hampering investigations and prosecutions.

They are also impacting negatively on the already poor detection rate by local police. Up to yesterday, the murder toll stood at 226 for the year with a paltry detection rate of 17.7 percent.

Matters awaiting tests from the foreign labs include the murder of Shannon Banfield whose decomposing body was found on December 12 last year at the Charlotte Street, Port-of-Spain compound of IAM and company.

Several items were sent to a lab in England so that DNA evidence could be obtained to assist homicide officers in presenting their case in court, but up to yesterday the results were still in the hands of experts at the British DNA lab.

Police carrying out that probe are awaiting results to ascertain if Banfield was sexually assaulted.

Specimens found on her body were also sent for matching.

Those results are yet to be presented to the investigators.

Although the suspect in that matter has appeared in court a few times, the police have indicated they are not ready to start although not advancing specific reasons for this.

The Homicide Investigations Bureau has also sent specimens to the DNA lab in England in the murder of schoolboy Jesse Beephan whose body was found near the Waterloo Secondary School, Carapichaima on March 22. No results have been forthcoming.

No one has been detained for Beephan’s murder.

Specimens were sent to the same lab in connection with the death of Chaguanas mother of one Sharlene Soomai, 23. Her semi-nude body was found close to her Petersfield home on March 23.

Specimens collected from other murder scenes were also sent to the same lab last year, and there are some dating back to 2015. But the results are yet to be sent to the Homicide Investigations Bureau in Port-of-Spain.

Sources said yesterday that while homicide officers continue to do work on the ground to improve the detection rate especially for murders, they still believe some outstanding cases can be solved with the return of evidence from the DNA samples still tied up in the overseas labs.

Sources revealed yesterday that Government has decided to invest in setting up a DNA lab in this country to make results more readily accessible and to save the country the expense in utilising the foreign facilities.

Health Ministry not to blame

“The health authorities treated Mr Phillip twice on the same day he discharged himself on his own volition. There is no guilt, there is no process to be fixed.” said Minister of Health Terrence Deyalsingh at the sitting of the Senate yesterday.

“Protocols were followed but unfortunately something happened in the intervening period between Tuesday afternoon and Wednesday when he came back and presented on the lawn.” Deyalsingh made the statement in response to a question presented to him by Senator Wade Mark, in which he asked what steps were being taken to ensure that the people involved with Phillip’s treatment before his death would be held accountable.

Deyalsingh presented a preliminary report to the Ministry of Health yesterday.

According to the report, Phillip was admitted to the Accident and Emergency department of the PoSGH, just after 10 am on Tuesday.

He complained of suffering from pains, and said that he lived alone, and there was no one near him to take care of him. He also said that he had no money for transport or a meal.

Doctors took an X-ray and gave it to him, and told him not to leave the hospital, because his living conditions made his situation a social welfare case.

Despite specific orders to stay at the hospital, Phillip discharged himself. He was seen by an MTS guard at about 3 pm, writhing in pain on the front lawn at the hospital entrance He was once again taken into the hospital at 5.16 pm on Tuesday.

This time his vitals were taken, and he was put in a wheelchair, to be taken to an examination cubicle.

However, when doctors went to check on him, he once again disappeared.

Doctors believed that he once again discharged himself.

On Wednesday, between the hours of 1 and 2 am, he was found on the front lawn of the hospital, dead.

During the sitting of the Senate yesterday, Deyalsingh said people have the right to discharge themselves from hospital regardless of doctors’ orders.

“Officials cannot detain and constrain someone and treat them against their wishes or consent.” Deyalsingh said.

Newsday understands the North West Reigonal Health Authority (NWRHA), launched an investigation into Phillip’s death on Wednesday, however, in a conversation with CEO of the Authority, Newsday was told that they are still awaiting the results of an autopsy expected to be performed at the Forensic Science Centre, St James.

An independent investigation has also been launched by the Ministry of Health.

Relatives yesterday remained silent on Phillip’s death.

Ex-cop jailed 17 years for rape

Andy Allan, 63, of Chaguanas was before Justice Hayden St Clair-Douglas in the Port of Spain Third Criminal Court, charged with raping the woman on March 27, 2010. According to the prosecution’s case, which was presented by attorney Hema Soondarsingh, the woman had gone to Allan’s home to collect uniforms when she was assaulted .

It was said the coach forced her into having sex with him at his residence in Chaguanas. Allan, who represented himself at the trial which took place in December, denied the allegations made by his victim, claiming instead that the sex act was consensual .

He also alleged they were in a relationship and it was only after the woman’s boyfriend found about them that she made up the rape allegation against him .

WeKaiso tonight in St James

The event entitled Kaiso Crosby Kaiso….We Kaiso is being hosted by the WeBeat St. James Live17 committee and is in tribute to its past chairman, the late Earl Crosby .

It is one of the longest running events on the festival calendar, and tonight it will feature some of the top performers .

Among them, popular rapso group 3Canal featuring Wendell Manwarren, Stanton Kewley and Roger Roberts; two former national calypso monarchs Chalkdust (Dr Hollis Liverpool) and Chucky (Roderick Gordon); former multiple Soca Monarch winner Super- Blue (Austin Lyons), Explainer (Winston Henry), Crazy (Edwin Ayoung) and Bally (Errol Ballantyne), young LaniK (Jelani Kojo) and entertainers Relator (Willard Harris) and Nikki Crosby .

Errol Ince and the Music Makers will accompanying performers with Errol Fabien serving as master of ceremonies .

Carl Beaver Henderson, who produced the recent successful Tobago Beach Jazz on Turtle Beach, is the producer of tonight’s event, with the assistance of his buddy Robin Imanshah .

He has promised a class and quality show .

Patrons are invited to “walk with their drinks”, as only be non-alcoholic beverages and “street food” will be on sale .

Showtime is 8 pm .

Northern Region pan winners collect prizes

All the member bands which were successful in the various categories of Panorama were presented with certificates of appreciation for their achievement.

According to Gerard Mendez, chairman of the region, the executive is trying to keep the bands active and will host several events including a Panorama in September. There will be no small, medium and large bands as each band will have 60 players.

This is to be held on Republic Day at the Queen’s Park Savannah.

Other activities include a bingo and Pan Under the Stars on June 16.

In his address Pan Trinbago president Keith Diaz said the Pan in the Countryside series will continue in July with the first stop in Mayaro. The second stop will be Cedros and then Santa Cruz. The results for the J’Overt Bomb competition is as follow: Single Pan bands Sapophonics 175, Ice Water Ensemble 174, Belmont Hi Larks 165, Laventille Pashphonics 161 and Uni Stars 158.

In the Conventional bands, the judges could not separate Desperadoes and PCS Nitrogen Silver Stars as they both amassed 178 points.

They were followed by Courts Sound Specialist of Laventille 177, Massy Trinidad All Stars 175, Musical Gems Steel Orchestra 173, CAL Invaders 159 and Blue Diamonds 147.

Here are some highlights of the presentation.

Implement good law

“It is the TTCA’S position that recent reports; via the media, related to Special Purpose Government Agencies that are awarding construction contracts, would have had different outcomes if the procurement processes were governed by the proposed procurement legislation.” Although the TTCA made no specific mention of State agencies, the most recent allegation of misuse of funds involves the Education Facilities Company Limited (EFCL). Former education minister Dr Tim Gopeesingh, in a statement issued on June 3, called on the remaining board members to follow the example of their now-former chairman, Arnold Piggott, and resign.

Gopeesingh said Piggott’s resignation followed serious allegations of corruption, big rigging, abuse of office, squander and worker victimisation.

“Details of these include the fixing of million-dollar contracts to favour cronies of the PNM; disbarring certain previous contractors, re-opening closed tenders, misuse of funds, awarding a deal in excess of $50 million to a contractor who scored the lowest in the evaluation process and overall abuse of the public’s trust,” Gopeesingh claimed.

He argued that the remaining EFCL director had “no moral authority to continue to cling onto public office in the face of these extensive and shocking revelations which, if substantiated by the audit that is currently being undertaken by the Ministry of Finance and Attorney General, point to misconduct, illegal activities and gross misbehaviour in public life.” Meanwhile the TTCA reiterated its commitment to ensuring “that value for money” is obtained across all State-funded projects. The association also offered to partner with all stakeholders to support the implementation of the Public Procurement and Disposal of Public Property Act (2015).

Marisa ready to show her form

Khan-Lutchman is eyeing the top prize in the women’s physique open after finishing second last year.

Khan-Lutchman, who is in her third year of competing, said she plays close attention to the judges remarks after competitions which she uses as preparation for the next event.

Khan-Lut chman said, “I like to work with criticisms. I got criticisms from the judges, so whatever criticisms I got we worked with that to improve certain areas. For example, they said that the shoulders needed to come up a bit, my back needed to come up a bit, so we worked greatly on those areas.” Khan-Lutchman, who has been preparing for this year’s championships since March 1, said she is ready. “To be honest, preparations were really good.

I am ready – as ready as I can possibly be.” The Claxton Bay resident said she has maintained a strict diet of only fish over the past three months to get the best results from her training.

“My diet had to change completely. I started preparing for the show from the first of March. My diet is basically just fish alone, nothing else. I tend to use tilapia, because it is the sweetest fish to use for this kind of event especially when you have to eat fish alone.” Despite the stringent diet, Khan-Lutchman loves everything about body-building.

“I love the preparation, the dieting. At the end of it when you look at yourself and you see the results of it, that is what I look forward too.” Khan-Lut chman said she often has to fight temptations when she is out with family.

“When I go out with my husband and my son and they have to eat, I will sit there while they eat nice things.

I would just take out a bowl with fish. The temptations are there but I really fight it.” Her husband supports her by eating fish sometimes with her.

Khan-Lutchman, who is 34 years old, explained that after she had her son in 2011, she began to take the sport seriously.

“I was always into fitness. After I had my son, I decided to start doing it competitively.

After I had him I wanted to get all that baby fat down,” she explained

Pay contractor $3M

Unishore Limited of Aranjuez Main Road yesterday obtained a judgment against the firm after it failed to pay for materials purchased for road works on the Point Fortin Highway.

Justice Devindra Rampersad yesterday ordered that OAS pay to Unishore the sum of $3,114,716.91 and costs in the sum of $186,867.92.

In November of last year, Justice Rampersad ordered OAS to pay Unishore’s owner Surujdeo Parai a total of $8.860 million, including costs for services it rendered in the construction of the La Brea segment of the over $7 billion project, which is still incomplete.

Yesterday’s judgment involved the payment of items purchased by Unisore, which included guard rails, supporting posts, reflective lights and roadway marking paint, for work to be done on the Dumfries Road to Godineau segment of the highway.

Although a consent ordered had been entered into by both parties, OAS’ lawyers contended that Unishore could not prove that the procurement of materials purchased was within the scope of the contract.

In his ruling, Justice Rampersad, however, said that the figures quoted by Unishore in its claim had been prepared and quantified by OAS, which he ruled was legally bound in contract to pay to the subcontractor. Justice Rampersad also noted that Unishore provided proof that the speciality items purchased in the United States were brought into the country and customs brokerage and handling fees were paid for by them.

In his order, the judge also said that Unishore was entitled to repayment for the VAT exclusive cost of materials, customs brokerage and handling fees and was entitled to the 20 percent markup and 17 months of interest charges, as agreed to in the contract.

This was just one of several million dollar lawsuits against OAS.

OAS is no stranger to controversy as in late 2014, several executives the construction giant were indicted by Brazilian law enforcement agencies for of making bribe payments to politicians and committing administrative irregularities in several Latin American countries.

The highway project is a reportedly only a little over 50 percent complete and has been marred by controversy since it commenced in 2011.

Construction had to be delayed on several occasions due to protest action at various sites taken by the Highway Reroute Movement (HRM), who opposed it based on environmental concerns and issues with the displacement of residents, whose land had to acquired by the Government for construction.

Unishore was represented by attorneys Kelvin Ramkissoon and Leon Kalicharan while attorneys Wendell Louis and Kandace Bharath appeared for OAS.

Faris: No right to jury trial

He said the TT Constitution gives the right to a fair trial but not trial by jury, saying that earlier every Opposition Senator had wrongly argued the latter point.

He scoffed at Opposition Senator Wayne Sturge’s argument that Lord Diplock’s remarks declaring no right to a jury trial (in the case of “R v Trevor Stone”) had merely been obiter dicta or “other things said” apart from the main ruling.

By contrast the AG said Diplock’s remarks were central to that case which itself was fully about whether there is a right to trial by jury.

Likewise, Al-Rawi said a Maltese case similarly said that nation’s constitution did not guarantee any right to jury trial.

At 6 pm, as the Senate went into committee stage Opposition Senator Wade Mark complained that he had only just received four pages of proposed amendments to the bill, and he urged a one hour adjournment for senators to mull the proposals.

Al-Rawi said no such a length of time was needed, and Senate President Christine Kangaloo agreed to adjourn for just 30 minutes.

Manzanilla Night Windball bowls off today

The competition, which runs over seven weeks, is expected to feature approximately 12 teams from various communities, including Valencia, Sangre Grande and Plum Mitan.

The winning team gets a cash prize of $3,500, while those placing second and third will receive $2,500 and $1,500 respectively.

Organisers are expecting an exciting tournament and urged the public to come out and support the cricketers.