Water taxi delays

However, none of the persons Newsday spoke to seemed overly put out by the delay. The basic message was that due to the otherwise excellence of the water taxi service, passengers were prepared to forgive this slip-up. “It is a good service. Thank God for it, because in years gone by we’d have to hustle with the bus,” said one woman opting to say nameless.

“I don’t want to go back to that everyday on the highway.” Newsday counted about 140 passengers some standing in queue but most seated in the air-conditioned structure.

Newsday called the water taxi customer service department which said the delay was caused by, “an issue with the vessel which was sorted out”, such that the boat was well on its way to arrive just 20 minutes after its initially-due time.

One person contacted Newsday to allege that when she called the terminal at 2.30 pm, no details were given as to when the boat would be in Port of Spain.

Secondly she said any delays affect the traveller’s commute. “It is very stressful because you turn up on a morning, you never know whether there will be a delay or not. Some days the 6.30 am sailing takes 90 minutes, compared to 45 minutes which is regular time, and on evening after a long days work it’s very frustrating.

Moves to halt judges’ swearing in

Up to late last night, attorneys for former UNC Senator Devant Maharaj, President Carmona, the Judicial and Legal Service Commission (JLSC) and the Law Association were presenting their arguments before High Court judge Frank Seepersad, on an emergency injunction which was being sought by Maharaj to restrain Carmona from making the appointments today at President’s House.

Justice Seepersad, presiding in Tobago, was expected to deliver his ruling during the pre-dawn hours today. The judge was presiding in the Tobago High Court and the hearing was done via video conferencing with lawyers presenting their arguments at the Hall of Justice in Port of Spain.

The imbroglio in the Judiciary over recent judicial appointments took a new turn yesterday when Maharaj’s lawyers approached the high court with the emergency injunction which also sought to prohibit the JLSC from giving any advice on appointments of new judicial officers.

Former attorney general Anand Ramlogan, SC, who leads a team of attorneys for Maharaj, which include Gerald Ramdeen, Jayanti Lutchmedial and Douglas Bayley, yesterday wrote to the President asking him to hold his hand on making today’s appointments.

The attorneys gave Carmona up to 2 pm to defer today’s swearing in. Having not received a response, they filed the emergency application late yesterday.

Just before midday yesterday, the Office of the President issued a statement indicating Carmona was to swear in two new Puisne judges in accordance with advice of the JLSC by virtue of Section 104(1) of the Constitution.

Sources identified the new judges as former deputy DPP Kathy Ann Waterman-Latchoo and former Solicitor General of the Cayman Islands, Jacqueline Wilson, who is a Trinidadian.

Waterman-Latchoo was most recently a judge in St Vincent and the Grenadines. Over the last two months there has been disquiet over the recent appointments of former chief magistrate Marcia Ayers-Caesar and senior magistrate Avason Quinlan-Williams.

Both were appointed on April 12, but two weeks later, Ayers-Caesar resigned after it was revealed she left 53 cases unresolved before taking up her judgeship.

Ayers-Caesar has not publicly spoken on the issue but her attorney Ramesh Lawrence Maharaj, SC, said, “Something is expected to take place soon.” He did not elaborate.

PROTECT THE CONSTITUTION In their letter to Carmona, Maharaj’s attorneys made it clear their objections were not criticisms on the merit or suitability of the proposed judges but is rooted in the absolute need to protect the Constitution from being violated and the need to uphold the rule of law, so judicial appointments can be made by a process that is sanctioned and supported by the Constitution.

They suggested the appointments be deferred until after the hearing and determination of Maharaj’s lawsuit which is listed to be heard on June 14 in the San Fernando High Court. The lawyers also advised that while the process of the appointment of two new judges would have started sometime ago, they said it would have been done at a time when the JLSC was improperly constituted.

“As you are aware the JLSC has conceded that was improperly constituted in that it comprised four members (including two retired judges) when the Constitution imposes a minimum requirement of at least five members,” the letter to Carmona advised.

“It is therefore obvious the process undertaken by the JLSC that would have led to advice to His Excellency or the appointment of these judges would have occurred during the tenure of an improperly and unconstitutional JLSC with four members as opposed to the required minimum of five members that was acting outside the framework of the Constitution as supreme law,” the letter said.

“Respect for the rule of law and the Constitution therefore demands that His Excellency defer these proposed judicial appointments until the Supreme Court pronounces on the validity of the action and conduct of the JLSC.

“If it is found that the JLSC was illegally and improperly constituted then the appointments of these judges can be seen as an unfortunate and unacceptable attempt to ‘steal a march’ on the Constitution and the Court using Section 36 of the Interpretation Act as a shield for the illegal conduct of the JLSC,” the letter further advised.

CASE AGAINST JLSC Maharaj in his substantive lawsuit is challenging the constitutionality and legality of the JLSC and the presence of two retired judges – Roger Hamel-Smith and Humphrey Stollmeyer – as members.

In particular, he contends that the Stollmeyer cannot be lawfully serve as a member since section 110(3)(b) targeted members of the legal profession who were legal practitioners and one who is still a practitioner and not retired judges.

According to Maharaj’s claim the Constitution does not permit more than one retired judge on the JLSC. The other members of the JLSC include Chief Justice Ivor Archie – as chairman – head of the Public Service Commission Maureen Manchouk and Senior Counsel Ernest Koylass, who was appointed one day after Maharaj’s lawyers issued a pre action protocol letter questioning the legality of Hamel-Smith’s and Stollmeyer’s appointments as members.

Less than a week ago, the Law Association passed a motion of no confidence against Chief Justice Archie, calling on him to step down from his position. Similar motions were passed against the other members of the JLSC, excluding Koylass, arising out of the developments involving Ayers-Caesar and her selection as a High Court judge.

Dodging disasters

We are all vulnerable in this country to a host of hazards that can wreak havoc in a few short minutes. The country as a whole suffers when an incident such as a disaster or terrorist attack occurs. This cost is not just economic .

The remarkable coordination exhibited by the emergency responders in England did not come by either trial and error or by chance. The highly skilled interagency integrated effort and the continuous information that was provided to the public in addition to key stakeholders were exemplary .

We in Trinidad and Tobago will do well to learn from the experience of others. We do have very skilled and highly trained emergency response personnel within the public and private sectors. Attempts were made to ensure that fusion of their activities at the level of tactical operations was possible. However, much work needs to be done to be able to achieve the high level of coordination that was seen in London .

In 2011, a very important drill was performed in Trinidad and Tobago that identified a number of gaps. Over the years, the Office of Disaster Preparedness and Management in the Ministry of National Security worked feverishly to ensure that these gaps were filled. However, unfortunately, key strategic goals were not achieved and our vulnerability index remains higher than required in this regard .

The development of a risk society is fundamental to achieving the ability to empower the whole of the country or even the whole of government. We still erect critical infrastructure in highrisk, hazard-prone zones. Our appreciation of risks in Trinidad and Tobago is worrisome. We pay insurance premiums for our motor vehicles and homes. This is needed by law, eg for purchases in any financial institution .

With the current state of our economy there is a serious problem in this regard. Ministries and people who invest in disaster risk reduction are prone to reduce their expenditure, as they will not see the present value of future risks .

In Trinidad and Tobago we have spent an estimated annual average of $50-75 million on extreme events such as flooding and landslides over the past five years .

The important link between disaster risk reduction and emergency and crisis management and sustainable development has not been strengthened here in Trinidad and Tobago .

Some work has been done but not enough. Climate change, developmental and disaster risk reduction actors need to come together quickly. Together with the private sector they must develop immediate and long-term strategies for enhancing our current state of readiness for any hazard impact and for our recovery and rehabilitation after an event .

There are steps that we must take and the time is now. We cannot wait for the real live tests .

We cannot expect to have the high level of coordination that was demonstrated by our emergency brethren in London but we have been trying. Much more is needed at this time. Action is imperative to ensure that our national response framework is tested, active and highly efficient and effective. All gaps need to be filled .

We must ensure that we have a people-centred, whole-of-country, risk-based approach to hazard mitigation and emergency response planning in order to keep “jamming still” after any hazard impact, such as the recent terror attacks in England .

Karma is real

OVER the past couple years, I have been making the statement karma knocks at every door and from then to now, I have been bombarded with calls and/or messages asking for an explanation into what I mean.

In Buddhism, karma refers to intentional thoughts, words, actions and the energy created by those thoughts, words and actions. Karma is tantamount to the common sayings life is full circle and what you sow is what you reap.

Research as well as the outcomes of daily living, show that if you perform good deeds, good will return to you, and in like manner, negative actions more than likely will produce negative returns.

Karma is best understood by linking it to your mind power, as your actions are also aligned to your energy and mind; every intended action and thought engenders pre-destined energy which is felt at every moment of our existence.

Karma is critical to our growth and development as caring and loving human beings, and also if we are to live by the philosophy treat others as you would like to be treated; acting from a place of innocent intentions, allows us to be pre-disposed to continue along those positive lines and conversely, acting from a place of harmful intentions would be detrimental to one’s continued co-existence.

Once your intention in a particular set of circumstances is that of ill-will and harm, your propensity in responding with kindness increases. The pursuit of non-harmful intentions is to ponder on whether our actions will impact positively or negatively on either ourselves and/or others and this is indeed the best place to start.

In addition to the strong spiritual connotations attached to human co-existence, we must ever be mindful that being wicked or unjust to others either through thought or action, does not reflect well on our lives. There is a price attached to every action, and though it may not be immediately visible, it is there. Too often, we are presented with individual situations which are seemingly painful to the naked eye, but as the investigation deepens, some darker things come ashore and therein lies the price.

Life was offered to each of us by the creator to live to the fullest, and along with that offer came some procedures and rules to assist with the navigation which also include the consequences of allowing negativity to be part of our journey.

Therefore, thinking before doing, as well as consideration for the well-being of our fellow man, would guarantee a less stressful journey.

Sandrine Rattan is a Communications/ Branding Consultant/ Author and President of the International Women’s Resource Network (IWRN) Contact: thecorporatesuitett@ gmail.com or intlwomensresourcenetwork@ gmail.com or contact 283-0318.

No-pants robber following fashion

It reminded me of an occasion when a Trini, desperate to overhear his neighbour’s conversation but not be detected, not moving a muscle silently laid himself prostrate on the ground. Unfortunately, while hiding his head and shoulders inside some bushes, his legs remained clearly visible to all passers-by.

And what about those smiling contractors and their workers who chat up a storm with their clients while committing larceny against any property not irrevocably nailed down.

On the other hand, land is regularly stolen where a representative, trustee or authorised power of attorney deals with it in breach of trust. It is also stolen where an individual is not in possession of land within his sight, but appropriates for himself anything that forms part of the land by severing it or causing it to be severed like the boundary of a roadway or a neighbour’s rightful boundary.

Most are aware of developers who appropriate State lands by severing these lands rightly inherited by all citizens of the country, and politicians who, having wiggled themselves into our treasure chest, have stolen the soul of the nation and are putridly smiling sweetly and gleefully through it all, up front and centre in our faces. Who really has the integrity to do what’s necessary to bring these fraudsters to justice? So, when a robber strips down to his boxer shorts with rake in hand giving the performance of his life, he’s only following fashion.

KATHLEEN PINDER via email

Countries must deal with competition

Biesebroek was yesterday speaking at the final event of the Capacity Building Project within CARIFORUM in Competition, Public Procurement and Customs and Trade Facilitation to advance the implementation of the CARIFORUM- EU Economic Partnership Agreement (EPA), held at Hyatt Regency, Port-of-Spain.

He said under the agreement, both regions have rights and obligations but the different stages of development of the two regions’ are taken into account.

“The Caribbean countries enjoy preferential access to the EU. That means that they have 100 per cent duty and quota free access for all goods and services.” He continued, “On the other hand, CARIFORUM States have up to 25 years to adjust their import tariffs while 17 per cent of goods and services that are considered sensitive or of strategic importance are not subject to liberalisation.

The Caribbean States also have the right to respond should EU imports suddenly threaten local production.” Biesebroek said the EPA supports the region’s economic integration process and CARIFORUM States offer each other the same preferences they give the EU.

“This should be an engine for growth and employment creation in the region and could be the basis for further development of trade between CARIFORUM and the EU.

Making the right ethical decisions

The unauthorised use of someone else’s property or taking property under false pretences is taking something that does not belong to you .

• Saying things you know are not true .

Falsely assigning blame or inaccurately reporting conversations is lying. Although “this is the way the game is played around here” is a common justification, saying things that are untrue is an ethical violation .

• Giving or allowing false impressions .

• Buying influence or engaging in a conflict of interest. A conflict of interest occurs when the official responsibilities of a government official are influenced by the potential for personal gain .

• Hiding or divulging information .

• Taking unfair advantage .

• Committing improper personal behaviour .

Personal conduct outside the job can influence performance and institutional reputation .

• Abusing another person. Sexually harassing employees or subjecting employees to humiliating corrections in the presence of others .

• Violating rules .

• Condoning unethical decisions .

The notion that “people should act so as to generate the greatest good for the greatest number” is still very relevant and ethically right. When an action affects the majority adversely, it is morally wrong .

Leaders and managers must establish patterns of behaviour that determine what’s acceptable and what’s not within an organisation .

Employees often follow the examples set by their managers .

Ministers of government, members of Parliament, judges, magistrates, members of State boards and leaders on a whole can be helped in making the right ethical decision by the use of two important tests: (1) The feelings test .

“How does it make me feel?” This enables the person to examine their comfort level with a particular decision .

Many people find that after reaching a decision on an issue they still experience discomfort that may manifest itself in a loss of sleep or appetite .

Those feelings of conscience can serve as a future guide in resolving ethical dilemmas .

(2) Front page of the newspaper test. The question to be asked is how a critical and objective reporter would report your decision in a front page story. How will the headline read if I make this decision? This test is helpful in spotting and resolving potential conflicts of interest .

It is important now more than ever for leaders to have a conscience .

A good, clean conscience, one that will redound to the benefit of our citizenry .

CUTHBERT SANDY Point Fortin

Vasquez acts as EFCL chairman

Education Minister Anthony Garcia made this announcement yesterday evening after meeting with EFCL board members at the Education Ministry in Port of Spain.

Last Friday, Piggott resigned as chairman of the EFCL board of directors citing family commitments and “the protection of my reputation and family name.” Garcia summoned the remaining members to a mandatory meeting yesterday to discuss among other issues, allegations made concerning the procurement practices of the company.

During the meeting, according to sources, Garcia told directors he was disappointed over several issues including operations of the board, reporting lines not being adhered to, retrenchment exercises, slow pace of construction work at schools and the process to be undertaken when emergency repairs necessitates schools being closed.

Garcia also noted that the ministry should be notified in writing of any changes to upper management of the company.

He also expressed disappointment over a lack of confidentiality among staff members of the EFCL.

Vasquez, in his capacity as acting chairman, pledged to revamp the entire reporting process and liaise directly with the ministry’s executive team on any staff change.

Garcia also hinted that significant changes would be made to the board and senior management of the EFCL which may involve additions to the board and some members of management having to revert to previous positions.

When contacted yesterday, Garcia said the appointment of persons to state boards is a matter for Cabinet.

“Obviously, with Mr Piggott’s resignation there is an immediate vacancy and there is still another vacancy we need to fill on the board because one person did not take up his appointment,” he said.

Board member Clyde Permell, the only new change to the board, was appointed by Vasquez.

“We spoke about school repairs and buildings and so on.

There have be no other changes thus far,” he said.

Asked if he was concerned at the minister’s hint that there may be changes to the board, Permell said he had no idea about any changes, but is not worried about his position.

“I am not concerned about any changes to the board.

“Once the board does what it is required to do and once anyone who comes on does what he or she has to do, there should be no problems,” Permell said.

Barbados netballers complete 3-0 whitewash over TT

For the third consecutive night at the National Cycling Centre in Balmain, Couva, Barbados controlled the contest from the outset, made TT chase the game and executed when it mattered most, to register a comfortable victory.

The success was the fourth straight for Barbados coming against the backdrop of their shock win over regional powerhouses Jamaica in the final game of a similar three-Test series in Kingston last month.

Goal shooter Shonica Wharton wrapped up a terrific series with another consistent display, scoring 31 goals from 34 attempts while goal attack Latonia Blackman chipped in with 10 from 11 in the first quarter.

For Trinidad and Tobago, goal shooter Joelisa Cooper shot 23 from 28 attempts while goal attack Tahirah Hollingsworth, who was absent for the third quarter, finished with 16 goals from 24 attempts.

Barbados enjoyed another solid start to lead 14-7 at the quarter break and despite being outscored in the second quarter, were up 23- 18 at half-time.

The visitors regained their rhythm in the penultimate quarter to out-shoot TT 14-10 and lead 37-28 going into the final quarter.

However, TT made a final quarter surge to whittle down Barbados’ lead but lacked the killer touch in the end.

It was value for money

However, in response to further questioning from committee members, Barrow said the ministry could have been more prudent in handling the trip and people coming and going from Tobago, especially regarding transportation as two flights were cancelled. Smith and 12 staff members of the Ministry and the Sports Company visited Tobago on May 20 to attend a THA Sports Awards.

They racked up a bill of $91,910.43 for a three night stay at the Magdalena Grand where the awards were held.

Following a public outcry over the huge sum, the Prime Minister requested and received a report on the trip from the minister which he is studying before deciding what action to take.

Nine persons were originally invited to make the trip but three staffers, including officials of the Sports Company, were later added.

Barrow said although the ministry picked up the tab she didn’t see it as additional expenditure because the three persons had been previously scheduled to go to Tobago to tour the Dwight Yorke Stadium but their trips had been postponed.

She said the ministry took the opportunity to reschedule their trip and asked the THA to facilitate their attendance at the awards. In addition to the original nine persons invited to travel to Tobago, the delegation included the minister’s personal assistant, the personal assistant to the Permanent Secretary and a staff member from the ministry’s Communications Department.

Barrow said the minister would have requested his assistant and when the ministry does something it is usually covered by the Communications Department. Anthony Blake, the Head of Facilities Management for the Sports Company said he did not have the cost of travel for the three officials from the company but promised to provide the figure to the committee in writing. Barrow denied newspaper reports that one of the persons who made the trip had been transferred to the Office of the Prime Minister.

Barrow said the size of the delegation was the cost of doing business.