This was the overwhelming call by hundreds of lawyers to Chief Justice Ivor Archie and members of the Judicial and Legal Services Commission — which he chairs in his capacity as head of the judiciary — over the Marcia Ayers-Caesar d?b?cle.

The Law Association yesterday debated five resolutions at a specially convened meeting at the Hall of Justice in Port of Spain. The five resolutions and the vote results were:
• To resolve that the Law Association do express its loss of confidence in Ivor Archie as Chief Justice… 285 ‘for’, 150 ‘against’;
• To resolve that the Law Association do express its loss of confidence in the Chief Justice as chairman of the Judicial and Legal Services Commission (JLSC)…312 ‘for’, 122 ‘against’;
• To resolve that the Law Association do express its loss of confidence in Justice Roger Hamel-Smith, Maureen Manchouck and Humphrey Stollmeyer as members of the JLSC…300 ‘for’, 130’against’;
• To resolve that the Law Association do call upon Ivor Archie to resign forthwith as Chief Justice… 263 ‘for’, 165 ‘against’, and;.
• To resolve that the Law Association call upon Justice Roger Hamel-Smith, Maureen Manchouck and Humphrey Stollmeyer to resign as members of the JLSC…293 voted ‘for’ while 135 voted ‘against’.

Newsday was told that hundreds of votes were cast after several senior attorneys – including Senior Counsel Martin Daly, Alvin Fitzpatrick, Anand Ramlogan and Israel Khan – contributed to a spirited debate which began at 3 pm at the Convocation Hall.

From 1 pm, attorneys began filing into the Hall of Justice. Attorneys seen going to the meeting included former attorney general Anand Ramlogan, UNC Senator and attorney Gerald Ramdeen, Larry Lalla, Robin Montano, Law Association President Douglas Mendes, Israel Khan, Gerry Brooks, Ian Brooks, Independent Senator Sophia Chote, Martin Daly, Ian Benjamin and Tonya Rowley-Cuffy, daughter of Prime Minister Dr Keith Rowley.

Just before 9 pm last night, the counted votes reflected the attorneys’ resounding call for Archie to resign as Chief Justice as well as chairman of the JLSC. The other members of the commission – retired Appeal Court judges Roger Hamel-Smith and Humphrey Stollmeyer, head of the Public Service Sandra Manchouk and recently appointed member Ernest Koylass, the latter being the only JLSC member not on the petition. He was appointed to the JLSC after the lawyer’s motion was tabled.

CJ TO BE INFORMED Speaking after the tally of votes, Law Association president Douglas Mendes, SC, said the next step for the Law Association LATT would be to inform the Chief Justice and the members of the JLSC of yesterday’s meeting.

He said this may be done today. Asked if there was an obligation for the Chief Justice to resign, Mendes said there was no legal obligation because there was a procedure under the Constitution for the removal of a Chief Justice, which could only be invoked by the Prime Minister. “This is an expression of the opinion of the legal profession as to the JLSC’s handling of the appointment of former Judge Marcia Ayers-Caesar,” Mendes said.

Mendes said the concern was the appointment of Ayers-Caesar as a High Court Judge in the circumstances where she had a number of part heard matters.

“The concern of the Law Association was that there ought to have been procedures in place to ensure that anyone who is promoted from the magistracy would have completed all of their part heard matters before they did so. What the Association is expressing by these motions is their dissatisfaction with the process that led to what you are seeing playing out in the magistrates’ court where a number of people of who have been on charges for a long time are now being told that these matters have to start all over again.” Mendes said the turnout yesterday was a reflection of the issue itself and generated a lot of interest. He also said he was not entirely clear on Ayers-Caesar’s status at this point in time, but assuming from a letter from the JLSC, she was no longer a member of the magistracy, but could not say definitely.

For his part, attorney Gerald Ramdeen said what the Law Association demonstrated yesterday was an entire loss of confidence in the Chief Justice and the JLSC.

“This is a sad day for the administration of justice. But it is a day that we must celebrate as the Law Association voted overwhelmingly for democracy, transparency and openness.

“Now it falls to the Chief Justice to take the next step. The Law Association which has a statutory mandate under the Legal Profession Act to uphold the rule of law and the Constitution has voted almost two to one asking the Chief Justice to resign, asking members of the JLSC to resign.” “The meeting today was a very historic one in our country because it marks a day where we can make a change for democracy, transparency and openness. If it is that those who voted against today to seek to continue in office, they have lost the authority to govern. The Chief Justice today has lost the authority to govern the Judiciary and has lost the moral authority to govern as chairman of the JLSC.” Ramdeen said the Association never meant for yesterday’s proceedings to be an impeachment hearing. He said the Association has a statutory mandate first to its members and then to the people of this country.

Yesterday’s meeting was propelled by a petition signed by over 60 attorneys following the resignation of former chief magistrate Ayers-Caesar when it was revealed she left 53 cases in the lower courts unfinished, to take up her appointment as a judge.

The lawyers, in the requisition for the meeting, said that the CJ and the JLSC should have had knowledge and access to any information on any partheard matters before the Chief Magistrate and was under an obligation to provide the information to the JLSC before her appointment was made

As the controversy surrounding Ayers-Caesar rages on, Gaspard objected to the cases being aborted by acting Chief Magistrate Maria Busby Earle-Caddle and restarted from the beginning.

Gaspard’s request for official acknowledgement of Ayers-Caesar’s judicial status came as his stated position was ventilated, for the first time, in the Eighth Magistrates Court yesterday, where 39 of the part-heard cases came up for case managing by Earle-Caddle.

Yesterday’s hearing took place exactly one week after the Judiciary through its Court Protocol and Information Manager Alicia Carter-Fisher, said a consensus was reached during a meeting the day before, to have all 53 matters restarted ‘de novo’ (from the beginning).

It was announced that the acting chief magistrate would preside over indictable matters while all summary cases will be handled by an assigned magistrate.

Gaspard advised Earle-Caddle that it may be prudent for her to invite submissions from attorneys representing numerous accused persons on the question of her jurisdiction to abort the cases and have them transferred or restarted.

He said it was important that the issue of the court’s jurisdiction to do so to be ventilated to give effect for the lawful and proper handling of the cases.

While he did not make direct reference to last week’s meeting – which was convened by Chief Justice Ivor Archie- Gaspard advised that the court’s lawful position could be in conflict with the decision made, “On the urging of outsiders.” “The ice on which this court is skating may not support the court’s weight,” Gaspard said as he also submitted that before he can exercise his constitutional powers as DPP, he needs to be furnished with the ‘unequivocal’ position of the former chief magistrate.

“That is absent and missing,” he said. “The DPP does not know as a fact that the former chief magistrate has resigned.

Under section 90 of the Constitution, the DPP is vested with the conduct of criminal prosecutions and has the power to undertake, institute and discontinue criminal prosecutions. This power also allows the DPP to file voluntary bills of indictment for cases to go straight to a trial list in the High Court. “This court should thread with caution not with any instruction from elsewhere,” Gaspard advised.

DON’T ABORT CASES At yesterday’s sitting, of all 39 cases called, prosecutors from the Office of the DPP objected to Earle-Caddle aborting the matters and having them restarted from the beginning in 38 of them.

In the private complaint against Jamaat al Muslimeen leader Imam Yasin Abu Bakr, special prosecutor Israel Khan SC, also raised his objections, saying the Chief Justice could not issue instructions arbitrarily, and echoed Gaspard’s submissions that it must first be established that Ayers-Caesar was no longer a magistrate.

He also posited that Ayers-Caesar’s failure to apprise the Judicial and Legal Services Commission of the number of cases she left unresolved could constitute a criminal offence of misbehaviour in public office as she may have had a motive for ‘hiding the information’ to be promoted to the High Court.

Vice president of the Law Association attorney Rajiv Persad, who represents former Public Services Association executive member Nixon Callender, also questioned the status of Ayers-Caesar and objected to Earle-Caddle aborting the matter and having it transferred to another magistrate to be restarted.

Persad, who was at last week’s meeting, has reported that as far as he was aware no decision had been arrived at to have the cases restarted ‘de novo.’ Joining the chorus of objections was attorney Gerald Ramdeen, who appeared for two of the six men who rioted at the courthouse in April which led to Ayers-Caesar’s resignation two weeks after she was appointed as a judge on April 12.

Ramdeen referred to a statement from the Judiciary’s Court Protocol and Information Manager, dated April 27, which said Ayers-Caesar had been restored as chief magistrate.

“Unless we are told otherwise Mrs Ayers-Caesar is the chief magistrate… (now) all I am hearing is that she is not with us. I don’t know what that means,” he said.

“I am concerned about this.

The court is only able to transfer these matters on the precondition that we are told that she is no longer the chief magistrate.

“The court cannot say it has received instructions. That is not satisfactory,” he said.

EARLE-CADDLE AT A LOSS Faced with the unenviable position, acting Chief Magistrate Earle- Caddle had no answer for the DPP or the objecting attorneys.

“I can’t answer that question…I am not in charge of the JLSC,” she said. “I have my instructions to restart the matters,” she added.

As she apologised to each prisoner – with the exception of one of them who after the m?l?e earlier refused to be brought to the courtroom __ Earle-Caddle told them that the magistrate who started the matter was no longer ‘with us’ and it was the law that the cases must be restarted.

She also disclosed that she was informed that Ayers-Caesar had vacated the office of chief magistrate and that she was given the directive on Wednesday that the part-heard matters were to be restarted.

Earle-Caddle did not say from whom she received the directive.

“I am sorry I have tried to assist you. I cannot assist you any further,” she said.

Busby-Caddle also disclosed that no ‘decision’ to restart the cases ‘de novo’ was taken at last week’s meeting. “As far as I am aware no decision was made,” she told attorneys. Earle-Caddle also told each prisoner that unless the DPP chooses to nolle prosequi (decline to prosecute) their cases, she cannot continue the matters as it is the law that they must be restarted from the beginning.

In the interim, the cases were adjourned to several dates in June and July __ depending on individual age, with older cases being given priority __ to await the DPP’s position.

Earle-Caddle has also indicated that transcripts of the cases have been ordered and are expected to be ready soon.

She also assured prisoners that should she be allowed to restart their cases, she intends to have been each completed within a matter of days. Several of the part-heard cases were all but complete with rulings to be made on no-case submissions.

PRISONERS UNHAPPY Despite assurances that their matters, some more than half a decade old, will be given priority and completed in a short period, prisoners who were affected by the shock resignation of Ayers-Caesar were not too happy when they were brought back to court yesterday. There was a riot by a handful of prisoners who had to be forcibly restrained by police and dragged out of the courtroom after they began hurling obscenities and demanded answers. “I never kill nobody,” shouted Nigel Mayers, who is before the court for murder. He and his two co-accused fought with police officers who attempted to subdue them. They also shouted obscenities before being dragged out of the court. The shouting could be heard on the street outside the courthouse.

A decision was taken to return the accused immediately to prison and there was some panic as they were being loaded into prison vans as they continued with their agitation and were violently rocking one of the vans, while still shouting.

Heavily armed police, some with masks on their faces, swarmed outside the courthouse.

A short break had to be taken when the police informed Earle- Caddle that they were having some difficulty with the prisoners at the holding cells. Inside the courtroom, the complement of police officers increased.

“Let us start over as quickly as possible,” a prisoner said. “I know it is not your fault but we suffering in jail,” he told Earle-Caddle.

The group of prisoners who caused a riot in April which led to Ayers-Caesar’s resignation __ Chicki Portello, Anton Cambridge, Kareem Gomez, Levi Joseph and Israel ‘Arnold” Lara, who are charged for the murder of Russell Antoine in 2010 __ caused no disruption yesterday but were vocal in their protests.

“How long we have to wait again? We suffering. It hard. We fed up!” they charged. Another prisoner, Jonathon Phillip who got down on bended knees to plead with Earle-Caddle, said he counted the days he has been in prison since he was charged for murder.

“I in here eight years, three months and 14 days. My son was two when I come in, now he is ten. My family hurting for me.

This place only playing with me.

So I guilty till I am proven innocent? I am fed up! Send me home to my family. I eh kill nobody. Do something please,” he pleaded.

Other prisoners asked whether the authorities needed someone to “shoot dey way” out of prison before something is done.

Stephen Ramlochan, 26, of Penal yesterday stood in the Sixth court before Magistrate Brambhanan jointly charged with Ravi Samraj, a disc jockey, with possession of a gun and ammunition.

Ramlochan pleaded guilty while Samraj pleaded not guilty.

Court prosecutor Sgt Gordon Maharaj said that Sgt Victor and other Penal police officers intercepted a car driven by Ramlochan along the M2 Ring Road in Debe on Wednesday morning.

During a search of the car, police found a revolver loaded with six rounds of ammunition.

In pleading for leniency, Ramlochan’s attorney Dexter Bailey told the court his client was the victim of three separate robberies, was chopped on the head and had to dive into the sea to escape. Feeling powerless, the attorney added, Ramlochan armed himself.

He noted that his client is a father of one who co-operated with investigators upon arrest.

Addressing Ramlochan directly, Magistrate Dubay noted it was unfortunate what had happened to him, but the law is the law.

Dubay chided Ramlochan for a foolish act.

For having an illegal firearm, Ramlochan was fined $6,000 while he was fined $4,000 for the ammunition.

The fines are to be paid within 60 days or in default, serve two years’ imprisonment with hard labour.

Samraj was granted $20,000 bail with a surety and the case was adjourned to June 14.

Warner appeared in the First Court and was not called upon to plead. On Wednesday, investigators received instructions from Deputy Director of Public Prosecutions Joan Honore Paul to charge Warner with the murder of Len Fortune whose partially burnt body was found under a mattress at his home at Ibis Street, Fanny Village in Pt Fortin on May 22. The house was ransacked. Police detained three villagers but after receiving instructions on Wednesday, two men were released. WPC Vanessa Callender-St Clair of the Homicide Bureau (Region III) charged Warner.

Discussions on the acquisition of fixed scanners were also underway with the port authority, he said.

As soon as the legal issues are cleared up, Dillon said, the mobile scanners will be put to use at the Port of Port of Spain, Point Lisas and other ports.

In response to a question during yesterday’s sitting of the Senate on measures being taken to improve the monitoring of containers being brought into the country, and in view of a recent find of a quantity of arms and ammunition at a courier company in El Socorro, Dillon said the Ministry of National Security will continue to work with the Customs and Excise Divisions of the Ministry of Finance with respect to security at the ports. He expressed appreciation to the national security agencies that worked together with Customs and Excise and made the discovery of the weapons in El Socorro.

He was advised by the Comptroller of Customs, he said, that the Customs and Excise Division was using its canine outfit and guards of the preventative branch to carry out its monitoring and security duties. They would be enhanced when the scanners are put into use, he said.

As to whether any arms and ammunition would have slipped into the country through the ports, Dillon said, these matters were being thoroughly investigated by the police and other security agencies.

Additionally, to enhance port and national security, Dillon said,recently, the Comptroller of Customs was included as part of the Government’s strategic operations team. The team includes the Commissioner of Police, Chief of Defence Staff, and Director of Strategic Services Agency. The team meets weekly.

Coming out of the strategic operations team’s joint border protection study, he said, there is a recommendation to establish a joint border protection task force. This is being considered.

She reported that these incentives included the 100 per cent accelerated capital allowance for exploration and incentives for developmental drilling. She pointed out that at the time the People’s National Movement administration was “highly critical of these incentives” but these incentives are the “very ones allowing what is happening to take place”.

bpTT has discovered two trillion cubic feet gas in the two wells. Persad-Bissessar said that companies like bpTT need to be incentivised due to declining reserves and levels of production.

She reported that foreign direct investment in petroleum related areas increased from US $501 million in 2010 to US $1,459 million in 2015. She said the momentum created by incentives continued into 2016 and 2017.

She said the high level of activity by BPTT in the past three years “pales in comparison” to mid-2010 when the company had significantly reduced level of investments in this country.

“We look forward to the monetisation of the various projects,” she added. (See Page 16A)

Eid will be celebrated on June 26. In making the announcement at the post-Cabinet news conference at the Diplomatic Centre,St Ann’s, Community Development, Culture and the Arts Minister Dr Nyan Gadsby-Dolly said Government has had a long history with this type of funding over the years.

“It is looked at as a part of ensuring that our culture is preserved.

In that vein, it is done so that the communities that celebrate the various festivals can carry on traditions and ensure that our multi-faceted culture remains that way,” she explained.

However, Gadsby-Dolly reiterated that because of the country’s challenging economic circumstances, “we have had to make adjustements downward with respect to what is funded and how many groups can participate in the funding.” While some groups are unhappy with the funding they receive, Gadsby-Dolly said, “We want to ensure that certain festivals are sustainable and sustained in our country.” She said these groups must understand that over time, Government will not be able to maintain the level of funding they were accustomed to. Gadsby-Dolly said it was important for these groups now, “to look at how we celebrate things, what we celebrate and the extent to which we celebrate.” She added that some of the frills in these celebrations, “have to be brought down to the reality of our circumstances.” Gadsby-Dolly said there is a process by which requests for funding are approved and the funding is allocated.

Minister in the Office of the Prime Minister Stuart Young said Government is, “the protector of the taxpayer.” He added, “It is not a personalisation which people are attempting to do, with the Government and those who sit at the Cabinet level.” Young continued, “We take the decision on behalf of the taxpayers of TT.” He said people who make these claims, do not do so against the Government.

“It is not our money, it is citizens of TT money and they are the ones to whom they will answer to at the end of the day,” he added.

On Wednesday, Gadsby- Dolly refuted claims from Opposition Leader Kamla Persad-Bissessar that Government did not provide funding for cultural and religious groups for Indian Arrival Day.

“In fact, some of these workers have received VSE P payments including the offer of two acres of land and a residential lot from the Caroni VSE P from 2003,” he said .

Asked by Opposition Senator Wade Mark to outline Government’s plans for the displaced workers of Caroni Green during yesterday’s question and answer session in the Senate, Rambharat said that some of them “came back into Caroni and were employed by Caroni after receiving that severance package.” He said, “They worked on something called the Caroni Green Initiative when this new company was formed.” On the closure of Caroni Green, he said, they received a second severance payment from the Caroni Green having spent less than three years on this project .

“In this group, are workers who have benefitted from more than one severance payment and the opportunity to access a residential lot and two acres of agricultural lands. However, he said, those workers who have not had that opportunity to benefit as their counterparts who were with Caroni Limited, will join all others interested in agricultural lands and apply to the Commissioner of Lands for agricultural lands

Confirmation of the significant gas discoveries in the Savannah and Macadamia exploration wells off Trinidad’s south-east coast, was one of five announcements by Chief Executive of Upstream at BP, Bernard Looney .

“Today is about celebrating recent successes: The completion of gas contract negotiations with the National Gas Company (NGC); The long-awaited sanction of the Angelin project by BP largely supported by the successful negotiations; The safe start-up of two projects — Sercan II with our partner EOG (EOG Resources) and the Trinidad Offshore Compression project (TROC); “The imminent start-up of the Juniper project and…we have found gas in commercial quantities in our two exploration wells — Savannah and Macadamia,” Looney said. Asked how soon gas from these two wells would come on stream, Christie said production is expected to start in the 2020 to 2021, time frame .

“The gas from these discoveries would go to both Atlantic and the domestic market. So this is a benefit to both sides of the equation in terms of where our supplies go,” Christie said. Regarding bpTT’s plans to increase gas production prior to 2020, Christie reiterated Looney’s earlier announcements adding the company has an offshore compression project which would start in the 2020 time period .

“So what you should hear from (this) is a plan to get production to a healthy level and sustain that production level for the medium to long-term.” Energy Minister Franklin Khan, asked if the find meant an end to TT’s gas shortage, said: “I don’t want to be so predictive but BP has shared some good news today .

Shell hasn’t come public with their plans as BP has, but Shell has some good news to share and I hope they will share it shortly with the population .

“As I said earlier, EOG is the unsung hero in the Trinidad gas market. They have been quietly doing small developments and they’re contributing a fair amount of gas. More importantly, all of EOG’s gas goes to NGC…So between those three companies, I would want to say that by early 2019, if we haven’t made the gas curtailment issue disappear, we’ll be fairly close to that,” Khan said .

He called for the LED lighting to be reduced, particularly on the emergency vehicles of the police service.

While trying to improve illumination on emergency vehicles or to make emergency vehicles more conspicuous, he said, “We are also contributing to damage on the roadways.” In his contribution to the continuing debate yesterday in the Senate on the bill to amend the Motor Vehicles and Road Traffic Act, Shrikissoon asked rhetorically, “Have you ever tried to drive behind a police vehicle flashing in front of you and you are afraid to overtake it no matter how slow they are driving because you could be ticketed?” He continued, “It is either you slow down and let the police vehicle go ahead, or you follow close behind and take the blinding lights.” He quoted an American Public University Systems writer who said that research shows a potential for LED lighting to be a distraction specifically as a result of the highly focused and intense light it produces.

Drivers, he said, are distracted by things outside of their vehicles.

He also quoted serving police officers in the United Kingdom who said that new strobe sirens fitted to police cars are so bright, they are blinding motorists and causing accidents.

In terms of digital billboards, Shrikissoon said evidence points to them being distractions on roadways.

They catch the eye and can heighten road safety risks in heavy traffic and in other traffic conditions, he said. Latest research on billboards, particularly digital billboards, and their impact on road safety, he said, shows that drivers tend to take their eyes off the road “for dangerously long gazes” especially when the display changes messages every six to eight seconds.

When driving from north Trinidad to the south, he said, he finds it very distracting when on approaching Chaguanas there is a big digital billboard flashing against a background that is “white light.” These types of billboards, he said, seem to be increasing in popularity as they seem to be profitable. Questioning whether or not they are regulated, he asked Government to look at it.

While the legislature was trying to improve road safety, he said, it also has to create an enabling environment to do so.