Revisiting the issue of part-heard cases

The two contributions to which I am directing attention were by Robin Montano and Ernest Koylass, the latter a recent appointee to the Judicial and Legal Service Commission. Both learned gentlemen have purported to offer possible solutions to the matter.

In his piece, Montano made the point that restarting the 53 part-heard cases de novo after the “subject” prisoners had been languishing in Remand would be “wrong” and “unfair” and would be tantamount to “collateral damage.” His solution would be that “conditional pardons be given to each and every one of the 53 matters,” the condition for not figuratively being “dragged back to court on the initial charge” being what I would term life-long “good behaviour.” Before proceeding further, let me seek to correct clearly an apparent misconception which has been responsible for having sparked the whole controversy in the Marcia Ayers- Caesar issue.

The germane issue was not the fact that a total of 53 cases were in the hand of the former Chief Magistrate as, among these, would have been matters of varying lengths.

The central point concerned the seven or eight murder accused who, for whatever reason, had been languishing for several years in Remand, and whose position had been highlighted by their Senior Counsel. It is certainly inconceivable that matters of this nature had not occurred over the years.

In his piece, Koylass reviewed what, to him, are “options” for a solution. Among these are applying the powers of the DPP under the Indictable Offences (Preliminary Enquiry) Act. He sees “no reason why the current situation should be allowed to fester” (with which I fully concur).

Nevertheless, Koylass points to the fact that “there is no statutorily- prescribed procedure that speaks to such a situation.” However, he seems to favour an age-old procedure in 1909 for a hearing in the circumstances of a presiding magistrate becoming ill and unable to continue.

Of course, the question therefore now arises as to the manner by which this 1909 procedure could be “transformed” to meet the current impasse. Here Koylass offers a possible procedural solution involving, inter alia, the reswearing and recross-examination of witnesses.

I wrote, inter alia, in a letter dated June 6 in this matter: “Certainly, this is a challenge for a young bright attorney to flex his or her muscles voluntarily and do some challenging research into the authorities which would properly inform opinion.” This, I now repeat.

ERROL OC CUPID Trincity

Schools transport association parks up

AMTSTC president, Rodney Ramlogan, said maxi taxi drivers’ children have also been affected by the delay in paying $12 million for services rendered in May, June and during the first two weeks of July.

“I don’t know how the minister could say that. He’s making it seem like only schoolchildren were affected but we have children too. Up to now, we can’t even afford to buy school books and uniforms to send them to school, so I don’t know how (Garcia) could say we using schoolchildren as pawns.” Ramlogan was speaking to Newsday yesterday about how a decision by members to withhold their services yesterday left a reported 30,000 primary and secondary school students stranded on the first day of the new school year. However this was disputed by the ministry, which cited data from School Supervisors in the seven education districts across Trinidad.

Chief Education Officer, Harrilal Seecharan, said a check of Government and Government- assisted schools revealed that “ten primary schools and 14 secondary schools were negatively impacted to some extent because of the disruption in the service.

In some cases, several maxi taxi concessionaires doubled up (to ensure affected students get to school).” Seecharan was speaking yesterday during a press conference at the Education Ministry’s head office, St Vincent Street, Port-of-Spain, where Education Minister, Anthony Garcia, criticised the association’s actions.

“While I have absolutely no problem with any group of workers withholding their services; because that is their right, always remember that we must not use our children as pawns…Those maxi taxi drivers, if they had entered into discussions with me last night (Sunday), they would have been told that today (yesterday), a cheque for in excess of TT $6 million was forthcoming and later on this week, the remaining sum of (just under) $5 million would have been paid to them.

There was absolutely no need, as far as I see it, to take the type of action that was taken,” Garcia declared.

Management of the school bus system, including payments to drivers, is handled by the Public Transport Service Corporation (PTSC). That’s why the ministry issues cheques to the PTSC and not directly to the AMTSTC.

Garcia recalled that “sometime last week or the week before, we were able to give PTSC $1 million as part payment to maxi taxi drivers.

Today (yesterday); and this is what I wanted to discuss with (Ramlogan), we made available to PTSC in excess of $6 million; so that is in excess of $7 million. “ The minister added that he was informed “by our Permanent Secretary that later this week,” the remaining sum of just under $5 million will be paid.

This news did not appease the association. Ramlogan told Newsday that it’s not simply about keeping their word to withhold service until full payment is received. “Financially we can’t afford to go out to work.”

Fiery protest in Iere Village

Hosein told Newsday, “Since I became a councillor eight months ago, I have been begging for the Ministry of Works to fix this road and nothing is being done.

They are now angry and I don’t blame residents for feeling a sense of neglect.” Hosein said the bad road stretches for about a mile and a half along the Naparima Mayaro Road, Iere Village. He said a recent tour of the Naparima constituency by Works Minister Rohan Sinanan is yet to bear fruit. Residents have vowed to keep up the protest if nothing is done.

A national disgrace

Her throat was slit and her killer or killers set fire to several pieces of furniture in an apparent attempt to burn the house down.

Stephen was among 13 families waiting for hours for autopsies to be done on their loved ones yesterday.

At about midday yesterday, only two of the bodies were examined.

Family members were told there was a problem for funeral homes to get the required police escort for the bodies to be transported to the FSC. Added to that, there was only one attendant present.

“There is no parking, the place smells, it is overcrowded and no one knows exactly what is going on,” Stephen said.

“This is totally inadequate and it is a national disgrace. People are already traumatised and this facility should not be adding to the stress that we are already enduring. This is making an already upsetting situation even more unpleasant.” He told reporters he and other relatives were told to arrive there for about 9 am.

However when he got there, his mother’s body had not yet arrived.

It was the same situation experienced by other families.

“Some of us have been waiting since 8 am, some before that, so at the end of the day, what is really going on?” said a relative of Ronald Marshall who was shot dead in Enterprise on Sunday.

“Since last year I have been seeing the same pathologist on TV. I heard him with my own ears making pleas for things to change around here and nothing has happened yet.

Everything is falling apart too fast. This country is on its way for an uprising; it is just a matter of time before it explodes.” Stephen told Newsday yesterday the autopsy was finally done at about 2 pm.

He said if the government was really serious, it would have removed all stops to dealing with the matter of crime. This includes the proper management of the FSC.

“We are a culture of tolerant people and I think we need to be less tolerant, more demanding, and less fearful.

It seems that everyone is always afraid of repercussions when giving evidence. We are afraid of saying the wrong things and not having the parties in power give them aid or jobs.” Newsday was unable to reach Alexandrov for comment.

The murder toll for the year so far is 321 with 40 of the victims being women.

Driver remanded for abducting and robbing teen girl

The charges read to Daniel Spencer by the magistrate alleges that on August 22, at Gasparillo, he another person abducted a 17-year-old girl. Spencer and the other man are also accused of robbing the teen of her cell phone valued $200, a sliver chain with a pendant valued $250, her identification card, driver’s permit, bank card and $21. The charges were laid indictably and he was not called upon to plead. Spencer was represented by attorney Chantal Paul who held for attorney Frank Gittens. Paul, in her application for bail, said her client was a victim of crime in the past and was shot to his left hand. She said he lost sight in his right eye. Prosecutor PC Cleyon Seedan in objecting to bail said Spencer had pending matters relating to possession of firearm, ammunition and wounding.

He said the alleged offences were committed while Spencer was on bail. The case was adjourned to September 21.

Alexander snatches Pan Am bronze

The United States grabbed a total of 13 medals inclusive of eight gold, three silver and two bronze as they defeated Canada for the nation leaving with the most medals. Canada ended with 11 medals (four gold, four silver and three bronze) while Columbia’s team came in third with 10 medals, also with four gold, four silver but two bronze. During the final day events, the 1km Men’s Time Trial saw Colombia’s Fabian Puerta securing the gold with his time of 1:01.49, followed by his compatriot Santiago Ramirez 1:02.02 in second and TT ’s Alexander in 1:03.31 in the bronze position.

Speaking to Newsday about the TT ’s performance at the Pan Am Championships, manager of the local contingent, Joel Browne, stated, “I think things went nicely as we expected the sprinters to do well in the team event as they got the Pan Am silver. We were expecting to do a little better in the Keirin, however, with Bramble’s injury and the high quality competition, Kwasi Browne’s fifth positioning was not a bad result.” Focusing on the sprint and team pursuit, he said, “Our top sprinter, Njisane Phillip, got a puncture while doing the Flying 200M, and it is a bit difficult to recover from such a setback. Both the men and women’s Pursuit teams performed above our expectations, especially the female team as it was their first time.

“All things being equal, I think all riders did their best in the competition and we certainly hope they continue to work hard, especially the newest sprint team as they have a lot of potential moving forward and have only been training together for two weeks.” Teniel Campbell placed seventh in the Women’s 500M Time Trial with her time of 36.58 seconds.

Mexico’s Jessica Salazar took gold in the event with her ride of 34.39 seconds as she was closely followed by Martha Bayona of Colombia in 34.63 seconds.

Mandy Marquardt secured the bronze for the United Stated with her time of 35.18 seconds.

TT ’s Jessica Costa placed 16th in the race. Campbell placed ninth overall in the Women’s Keirin as the event was won by Bayona of Columbia. Marquardt, representing the United States, came in second while Mexico’s Daniela Gaxiola secured the final podium spot with the bronze.

The Men’s Madison event saw United States’ team defeating Argentina to take the gold medal after accumulating 35 points. Riders Zachary Carlson and Zachary Kovalcik held off Thomas Contte and Sebastian Trillini of Argentina as they only secured 27 points. Colombia rode away with the bronze medal with 26 points provided by their cyclists Jordan Parra and Edwin Avila.

The Pan Am Championships ended on Sunday night as the continental contest, which brought together over 150 cyclists from 20 countries, gave tickets for athletes to the upcoming track cycling tournament of the XXIII Central American and Caribbean (CAC) Games, scheduled for next year in Barranquilla, Columbia.

Ricky Mitchell wins CPL Final VIP tickets

The Breakfast Beyond the Boundary with Nescafe initiative took place yesterday and gave Mitchell the opportunity to have breakfast and interact with members of the Trinbago Knight Riders squad at Hilton Hotel.

Mitchell, who is a Barrackpore resident, met players Colin Munro, Robert Frylinck and Hamza Tariq and manager Colin Borde.

Fifteen lucky winners also won two tickets each to one game in the preliminary stage of the CPL.

Contestants had to apply online to win the competition.

Mitchell said it was a privilege to meet the Trinbago Knight Riders members and he is looking forward to the final.

“It was exciting, it was my first time getting to meet the players and it will be my first time going to watch cricket. To meet these foreign players was a good opportunity.” Mitchell, who is a UWI St Augustine student, believes either the Knight Riders or the St Kitts and Nevis Patriots will win the title. Mitchell thanked Nestle for the initiative.

Arima fisherman charged with fraud

In a release, police said Sheldon Taylor, 49, of Cleaver Road, Arima was charged with two counts of uttering a forged valuable security, uttering a forged document, and two counts of attempting to obtain sums of money by virtue of a forged instrument.

He appeared before Magistrate Alicia Chankar.

The matter was postponed to September 29.

Taylor is alleged to have given three people two fraudulent Tobago House of Assembly cheques, in the sums of $347,259.10 and $345,591.25 to deposit into a business account at First Citizen Bank, in San Fernando on August 28.

After the cheques were found to be fraudulent, the Fraud Squad was contacted and the three suspects arrested and questioned.

They indicated they had been given the cheques by Taylor, who later surrendered on August 30.

PATT: SWWTU firm gets $1.4M per month to upkeep ferries

Moreso these monthly payments are made even when either of the ferries is in dry dock for lengthy periods. Further, Lewis said the PATT actually pays part of the cost of the food provided and of the company’s wage-bill.

Newsday was unable to contact SWWTU head Michael Annisette to inquire about that company, Port Workers and Private Sector Manning Limited.

She revealed the PATT is paying $266,000 towards the company’s wage-bill and $35,000 for crew meals, on top of the $703,000 paid for each of the two ferries, the latter totalling $1.4 million. Energy Minister Franklin Khan said, “So what are you paying this company for?”.

Lamenting that the PATT is paying “a hefty cost for a limited amount of service”, he said when the committee digs a bit deeper it unearths new revelations. Khan quipped, “Houston, we have a problem.” When Lewis said the current contract for these services was an extension of a previous contract, Khan bemoaned that contractors are practicing this too often under PATT. “You find a door ajar and you are not coming out.” On Lewis revealing that the SWWTU owns the company, Khan pressed her if she was comfortable with that arrangement, to which she replied, “It’s a situation that presents some difficulty.” Opposition Senator Wade Mark urged the committee to question Prime Minister Dr Keith Rowley on his remarks that the failed leasing of the Ocean Flower II seemed crooked.

Mark dubbed the deal an “extraordinary and irregular activity where his Cabinet became a rubber stamp.” Mark’s upset arose at revelations that the deals (known as charter-parties) to lease two ferries (Ocean Flower II and Cabo Star) were signed on June 17, ahead of the June 20 minute by Cabinet approving the former ship and the June 30 Cabinet note and July 2 Cabinet minute to approve the latter ship. “I’d have thought that for US$50,000 or TT$350,000 per day on two vessels, Cabinet would have to had approved that before,” he said.

Mark said his research suggested Bridgeman’s owned no vessels prior to them winning the seabridge contract on June 17.

Lewis disagreed by saying they owned a couple of vessels (if not fast ferries) and Mark asked her to supply such details in writing.

Earlier Lewis revealed the PATT had paid a mobilisation fee and the first month of fees for charter hire for the Cabo Star, but no committee member asked the size of these sums.

Another elderly woman killed at home

The latest victim is Ramdevi Singh, 76, a mother of two and grandmother of three of Imamshah Street, Chaguanas.

Singh’s husband, Martin, 79, a stroke patient, found her nude body face down on the ground of the living room with injuries to the head at about 9 am yesterday. She was in a pool of blood and had a piece of cloth around her throat.

This happened just two days after former director of the National Museum and Art Gallery, Dr Claire Broadbridge, 80, was killed at her home at Fondes Amandes Road, St Ann’s. It is believed her throat was slit.

In the case of Singh, police said there were so many injuries to the head it was difficult to say whether her killer/s slit her throat or bludgeoned her. An autopsy scheduled for today at the Forensic Sciences Centre, St James, will determine the cause of death.

Singh, a retiree with Guardian Life Insurance, lived with her husband who she took care of since he cannot speak or walk properly having suffered two strokes. After the discovery yesterday, Martin fell ill and up to last evening, he was receiving medical care at the Chaguanas Health Centre. Their two adult children and grandchildren live abroad.

Police said shortly after 9 am, Martin managed to walk to the front gate of the home and alerted two passers- by about the discovery.

There were no signs of forced entry and the house was not ransacked, police said.

One man, who requested anonymity, said at about 3 am yesterday residents heard a woman screaming but made nothing of it.

It was only hours after news of the killing broke, they made the connection that it might have been Singh.

Her brother Sen Vishnu said he received a telephone call at about 9.30 am yesterday informing him that “something was happening” at his sister’s home.

When he arrived, he saw police on the scene and was told she was killed.

“My sister was a former customer service representative at Guardian Life, so based on that alone she had good people skills,” Vishnu said.

“That continued even after she retired. She was very friendly.” As to where exactly in the house her husband was at the time of her killing, relatives are yet to know.

“He struggles to walk and someone has to hold his hands when he does. He used to be a businessman. This is very distressing right now.” Up to late yesterday, police including Sgt John, Cpls Radhaykisson and Ramoutar of Homicide Bureau (Region III) and Chaguanas CID were searching for evidence.

On May 26, pharmacist and businesswoman Rahzia Pamela Sieuchand, 65, was found stabbed to death in a bedroom at her home at Lange Park, Chaguanas.

The house was ransacked.

Sieuchand, who owned and operated a pharmacy at St Helena in Piarco, was a mother and grandmother and lived alone in the house. No arrest has been made.