‘No need to pan-ic’

The pan body filed for judicial review, seeking to have the court examine the lawfulness of this decision. The matter was set for hearing before Justice Vasheist Kokaram at the Hall of Justice, Port-of-Spain yesterday. However, instead of arguments being heard, the judge was presented with a consensus position.

According to a consent order, the NCC will continue to sell tickets for this Sunday’s Panorama semi-final and the finals (at a later date) while Pan Trinbago will continue to plan, execute and manage the events. Pan Trinbago will also continue to procure judges for the competition; administer the rules of competition; provide logistics for the Tobago bands, implement systems for the movement of bands on and off stage and along the track, as well as recruit staff where necessary.

The NCC will collect and retain, through its ticket sales agent, the gross proceeds of the sale of tickets for the two events, pending the hearing and determination of Pan Trinbago’s lawsuit, and within 28 days of the Panorama finals, provide to the steelpan body an account of all ticket sales and a breakdown of all tickets sold, the proceeds and management fee paid to ticket sales agent.

The agreement also says in the event the court finds that Pan Trinbago held an ‘enforceable substantive legitimate expectation’ of a substantive benefit from the Panorama events, NCC shall pay to it, proceeds from gate receipts.

While the compromise was arrived at yesterday, the issue of who is entitled to the proceeds of gate receipts will be determined in court, although Justice Kokaram acknowledged that after Carnival is over, “it may not be important.” When the parties return to court on April 27, he will explore the possibility of a resolution, failing which the issue will tentatively go to trial on May 12. Speaking after the court hearing, NCC chairman Kenny de Silva noted the compromise was the best decision taken.

“We are happy that we will continue to handle the gate receipts and they will handle the programme,” he said. Pan Trinbago secretary Richard Forteau assured pan players that Sunday’s semi-final event will not be affected.

Senior Counsel Ramesh Lawrence Maharaj along with attorney Ronnie Bissessar are representing Pan Trinbago while Douglas Mendes SC, Dharmendra Poonwassie and Rishi Dass appeared for the NCC.