Petrotrin’s president calls for restructuring

“For fiscal 2016/2017, the Company’s ability to repay its debt obligations including the US$850 million bond due in August 2019 remains a huge challenge,” Harewood stated, adding, “It is therefore patently obvious to all that the Company must be restructured and refocused to achieve amongst other objectives, a lower level of operating expense notwithstanding rising labour and material/ services costs.” Harewood’s observations were contained in a message to the company titled: “Strategic Direction 2017 and Beyond”, and dated 18 January, 2017.

In a candid letter, Harewood pointed that out over the past two years, Petrotrin had experienced a significant reduction in revenue due to the collapse of the world oil market, brought on by geopolitical events and burgeoning supplies, including the emergence of “unconventional oil.” “As an integrated oil company, Petrotrin responded to the changed market conditions by: Deferring a number of projects including our drilling program; Reducing our cost of operations including limiting discretionary expenses; maximising our refinery throughput to maximise revenue and cash inflows,” Harewood stated.

He noted that the decisions to protect Petrotrin’s business were implemented in the face of “declining local crude production and large debt obligations incurred with the financing of previous refinery modernisation projects, such as, the Gasoline Optimisation Project and the new Ultra Low Sulphur Diesel (ULSD) Plant.” Harewood stated: “The Company is also faced with major cash flow problems that affect our trade financing activities and the adequacy of our working capital funds. International and local banks which traditionally supported the Company’s operations, have been limiting the extent and volume of the energy risk exposures in their investment portfolios by applying more stringent financing criteria.” However, he noted that change had to occur at the company and urged employees to begin by increasing local crude production to produce better refinery margins.

Negative outlook on oil and gas prices

Conrad was speaking on “The Macro Economic Perspective and Policies for a Competitive Nation” at an Economic Outlook Forum hosted by the American Chamber of Commerce of Trinidad and Tobago at the Hilton Trinidad and Conference Centre.

He recalled that the accounting firm, PricewaterhouseCoopers had indicated that the country will have a fiscal gap of $16 billion in 2017 and said this meant there must be some realignment in terms of expenditure and revenue being generated.

He said there had been significant shortfalls in revenue, noting that since 2009 the Government has spent more than it has collected in tax revenue.

He said that in 2017 the country will have to strike a delicate balance so that the economic contraction will not have a negative impact on business creation and development. He said there is an ongoing contraction in the economy and that contraction will continue into 2017

TTEC workers protest looming lay-offs

Peter Burke, executive officer of the Oilfield Workers’ Trade Union, made this claim yesterday at a protest in front of the Trinidad and Tobago Electricity Commission’s (TTEC) head offices at the corner of Park Street and Fredreick Street, Port-of-Spain. Burke spoke on behalf of several temporary workers of TTEC.

He said, “This protest here is about job security, particularly in the context of poor policy and inefficient and corrupt management at TTEC.

Earlier this week, the union called for a meeting because we were hearing rumours about temporaries being sent home and after the meeting, we felt that the management took a decision as a first resort to send home people. And when we did the math, sending home those temporary workers, many of whom have exceeded the limit by which they should remain temporary, would have only cost the Commission, 0.3 percent of their revenue.

So therefore, sending the workers home is not going to make a difference to the Commission’s financial situation.

Burke also alleged that the company has been hiring contractors and paying them exorbitant fees in spite of these contractors not having done any work.

He called for an investigation into the matter, and into the procurement process of necessary goods and services by the company.

According to him, over 200 temporary workers would be dismissed, beginning with those over age fifty-five and those with less than five years service.

CWU protests for TSTT retirees’ $$

Speaking with Newsday, CWU Secretary General, Joseph Remy, explained that “your pension is a factor of your last salary.

So the salaries were adjusted on the basis of the negotiations and as such, the pensions supposed to be adjusted.

It is almost nine months now that the active employees have been paid yet, RBC Trust, TSTT and the Actuaries have failed to pay that adjusted pension and the retroactive payments to over 300 retirees.” Remy said the protest was also triggered by a letter the union received from TSTT this past Monday, “in which the company said the Actuaries will now send it (paperwork) to RBC Trust and RBC will take a month to process it.

We told TSTT we are totally against that because these retirees suffered for Christmas.

They must be paid on or before January 31, 2017 or we will continue our protests outside RBC Trust.” If there is “no forward progress on this issue” by next Wednesday (January 25), Remy said CWU members will be back outside RBC Trust’s offices next Thursday, protesting the delayed pension adjustments and retroactive payments

Lucky break for Massy Stores promotion winner

Speaking with Newsday on Wednesday after receiving the keys to his red car, valued at $175,000, Williams re- called how sceptical he was when Massy Stores’ team leader, Christine Sinanan, called him last Friday to say he’d won the Massy Card promotion.

“At first I didn’t believe it. I told the lady, ‘Stop playing tricks on me. I’ve had a tough week, including problems with my vehicle, so if this is a prank call, please stop.’ That’s when she gave me the office number for Massy Stores and said to call it to confirm her identity,” Williams said.

Asked if he plans to sell his Nissan Navara pick-up, Williams told Newsday that was a possibility but for the moment he was savouring having won a brand new car.

“I’m happy. Really, really elated to win anything but especially a vehicle. I might sell my pick-up and keep the Hyundai Elantra.” Newsday also spoke with Massy Stores’ marketing manager, Anthony Choo Quan, on Wednesday. He explained that a car was chosen as the grand prize because purchasing a new vehicle “remains out of the reach of many people.

“We collaborated with our sister company, Massy Motors, who gave us a discount on the cost of the vehicle.

We were therefore able to reward one of our loyal Massy Card holders while promoting the Hyundai brand which is sold by Massy Motors.” Choo Quan said there were “close to 180,000 entrants” in the November 28 to December 31, 2016, promotion, with Massy Stores recording “a 40 percent increase in sign-ups during that period.” Apart from the car, 18 people (one winner per store) have won a shopping spree at Massy Stores. Notified this past Monday, the winners will get three minutes each in which to put $3,000 worth of items into their carts.

The stores were divided into zones and starting yesterday, four winners from the south zone (Gulf View, Chaguanas, Marabella and Point Fortin Massy Stores), will get to go on a shopping spree at the Massy Stores in Gulf View, La Romaine.

The event is scheduled to take place at 7.30 am, half hour before the store opens to the public, to avoid “confusion” between the spree shoppers and regular shoppers.

Choo Quan assured that the winners get to familiarise themselves with the store’s layout before the shopping spree starts. The shopping spree is supported by Massy Distribution

Kublalsingh testifies in highway trial

His testimony comes almost four years after the constitutional claim was filed by Kublalsingh and the Highway Reroute Movement on August 3, 2012, contending that the Government contravened their rights to “life, security, enjoyment of property, to freedom of expression and freedom of association” by building the highway without consulting them properly.

At Wednesday’s hearing before Justice James Aboud in the Port-of- Spain High Court, Kublalsingh was questioned extensively on events surrounding his arrest on June 27, 2012, by lead counsel for the State, Russell Martineau,SC.

Among its contentions, Kublalsingh and the group are seeking a declaration that the alleged actions of former National Security Minister Jack Warner and a group of soldiers in destroying their Debe protest camp and arresting Kublalsingh and some of the group’s members on June 27, 2012, were illegal.

Kublalsingh was asked about the setting up of the camp close to the NAMDEVCO’s market in Debe, admitting that it was done to prevent the construction of a certain part of the proposed highway.

He also denied the assertion by Martineau that the HRM did not get permission to set up the camp on NAMDEVCO’s lands at the heavy-traffic location.

He said the group had the permission of the “man in charge” of NAMDEVCO to set up the camp, insisting that the army committed the illegal act by destroying the site.

Kublalsingh also admitted that his primary concern was not his safety when he learned that the army and police were at the site to demolish the camp.

“I was concerned they did not know what they were doing. Soldiers sought to get me out of the camp which was being broken down at the time,” he said.

Kublalsingh, who embarked on two hunger strikes in protest of the construction of the Debe to Mon Desir portion of the highway – his first hunger strike was in 2012 and that lasted 21 days, all in protest of the construction of the Debe to Mon Desir section of the highway. His second in 2014 lasted 288 days – said the soldiers tried to physically move him from the camp site.

“I resisted,” he admitted, also testifying that he held on to the legs of one of the arresting officers while they held on to him by his arms which were handcuffed.

“I was trying to avoid being handcuffed,” Kublalsingh admitted.

“I struggled to stay in the camp,” he said, although denying that he was obstructing their efforts to remove him from the camp site.

“There was pushing and pulling,” he said. He denied being aggressive but admitted he used obscene language and spoke loudly while his arrest and the demolishing of the camp were taking place.

During his cross examination, Kublalsingh were shown photographic stills of events that took place at the HRM’s camp site. Also expected to testify on the alleged granting of permission for to erect its strike camp in Debe will be other members of the HRM.

The matter has been adjourned today when the testimony of witnesses will resume.

As part of their claim, Kublalsingh and the HRM claims they have a legitimate expectation that the Government would abide by the findings of a study done by the Joint Consultative Council for the Construction Industry (JCC) led by former Independent Senator Dr James Armstrong.

Work on the Point Fortin Highway have come to a halt and its main contractor Brazilian firm Construtora OAS was fired from the $7 billion project last year. Government is currently seeking a new contractor for the project.

Representing the Attorney General are Russell Martineau, SC, Deborah Peake, SC, along with Kelvin Ramkissoon and Shastri Roberts.

Senior Counsel Fyard Hosein, Ramesh Lawrence Maharaj SC, Anil Maraj and Rishi Dass are representing Kublalsingh and the Re- Route Movement

ICATT to revise rules

The Rules and Regulations of ICATT impact all members.

Come February 15, the 1,300 or members of ICATT will have an opportunity to vote to accept the new rules and regulations.

ICATT’s president Pria Narinesingh, who has served three terms as council president sees an urgent need for change.

“There are weaknesses in the existing rules when one considers the evolution of the profession.

These proposed revised rules will strengthen the profession by ensuring that it is aligned with global best practice and the requirements of the International Federation of Accountants (IFAC) of which the local body is a member,” Narinesingh said.

“Most importantly, it is a response to public calls over the years for greater transparency and accountability in the profession locally. The new rules will improve ICATT’s ability to regulate and discipline members in an environment that are becoming increasingly litigious.

But the rules and regulations can only go so far, next steps will be to update the supporting legislation.

Overall, the change is a big win for the public and its right to high-quality professional services,” she added.

Getting to this point has not been an easy road for ICATT as there has been opposition to the passage of the rules.

ICATT’s Council feels that despite some 11 unsuccessful attempts to revise the rules over the years, the current proposal has a great chance of succeeding.

Careful consideration has been given to transitional provisions, and the proposed commencement date of the new rules is January 1, 2018.

This will give members and the institute sufficient ti me to prepare for the implementation of the rules intended to be the lynchpin of the profession.

According to ICATT’s council existing members’ rights especially in relation to the holders of practising certificates under the old rules will be maintained.

Among the major changes will be the definition of just who is considered to be an accountant in public practice. In the past, the definition was narrow and focussed on those conducting audits, when in fact, there are many other services provided by members where reliance by third parties is likely to be placed on reports issued, according to ICATT.

When the new rules are implemented, the updated definition of public practice will be internationally aligned and the regulatory net of the institute will be appropriately widened.

The processes and procedures for the licensing of members to practice have been simultaneously strengthened by the new rules and a Licensing Committee will be formed to grant, amend and renew Practi sing and Auditing Certificates.

This process will be more rigorous in keeping with international best practices.

This measure is similar to what currently pertains in the legal profession.

The committee will oversee the Institute’s Practice Monitoring Programme which was previously limited to those members who conducted audits.

ICATT is moving to extend this oversight and evaluation process to all members who will now have practising certificates.

This move will serve to provide feedback and education ICATT’s members to continually raise the level of Public Practice in Trinidad and Tobago.

Disciplinary proceedings have also been revamped.

Already, there have been several high-profile cases over the years which have challenged ICATT’s ability to discipline effectively under the terms of the existing rules.

ICATT will also establish a 30-member panel which will include non-accountants and attorneys at law, among other professionals, from which tribunals will be established to adjudicate investigatory and disciplinary matters.

This approach by the council is an innovative solution for a small country and will allow for greater flexibility and reduce the potential for conflicts of interest.

Professional Indemnity Insurance will also be required to protect both the public and the firm, and for the first ti me, sole practitioners must have continuity plans for their practice, in the event of critical circumstances such as death or incapacity, according to the proposed new rules.

Members engaged in public practice under the new definition and now requiring practising certificates will be grand-fathered in by the institute which will be done with reference to their overall professional experience.

According to ICATT’s council, all proceedings and processes relative to the practice are being strengthened to ensure equity and transparency with the implementation of the new rules.

According to the ICATT President, “There is nothing in the new rules that disadvantages professionals but there is everything that a true professional must live by, in the interest of the public we all serve.”

Uber drives into TT

Although the Works and Transport Ministry issued a statement a few hours later, questioning the legality of Uber’s operations under the current version of The Motor Vehicle and Road Traffic Act, people continue to request a ride from their present location to a destination of their choosing, all from the convenience of the smartphones.

The ministry and Uber are reportedly set to meet sometime next week to discuss the matter.

Business Day tested out the service on Monday afternoon, prior to rush hour traffic, to get an idea of the cost is using an Uber versus taking a regular taxi for hire (H taxi) or an illegal private hire (PH) taxi from Port-of-Spain to The Falls at West Mall (West Mall) Westmoorings.

To get an H or PH taxi, one has to walk to the south-west corner of Broadway and South Quay, where you sit according to which seat is free in the vehicle/s on the taxi stand at that time. The cost of a one-way trip is $5 to $7 therefore one can put aside $10 to $14 for a round trip.

Uber, on the other hand, will pick you up wherever you are in Port-of-Spain and if you are travelling alone to West Mall, “you have the whole backseat or the front seat to choose from,” as one Uber user put it.

Your pocket however will feel the difference between an Uber and an H or PH taxi. The minimum Uber fare is TT$32.50, with the final cost of your trip being based on the following:

Base fare: TT $20.00

Per minute: TT $1.20

Per kilometre: TT $1.40

Booking fee: TT $2.50.

I requested an Uber at 1.30 pm on Monday and within a few minutes, my driver arrived at my designated collection point – the north-western corner of Chacon Street and Independence Square. Uber provides users with a photo of the driver who has accepted their request, along with that person’s license plate number and the vehicle’s estimated time of arrival.

The arrival time is constantly updated as the Uber driver makes his/her way to you. While you won’t know until you have reached your destination how much your bill will be – you can use a credit card or cash to pay in Trinidad – Uber does provide you with an estimated fare when you request a ride.

When my Uber arrived, the driver, Rajesh, did indeed look like his photo and his car was, as is mandatory with Uber, clean and had a properly working air-conditioning (A/C) system.

I was Rajesh’s first customer and he was my first Uber driver in Trinidad (I used Uber once overseas). He was polite and very willing to answer Business Day’s questions en route to the mall.

Asked why he chose to become an Uber driver, Rajesh said, “I like driving. I like meeting people.” A plus for Uber users who get Rajesh as their driver is that his previous job involved driving “all over Trinidad to collect teak (lumber) for export”, so he knows several alternate routes for destinations across the island.

In interviews conducted the previous Friday, Uber’s Communications Associate for Central America and the Caribbean, Julie Robinson-Centella, informed the media that Monday was launch day. Local Uber drivers however, were notified via text message one day before launch.

Rajesh smiled as he told me, “It’s a good thing I made sure to clean my car late last week because they had said the service would launch soon but it wasn’t until yesterday (Sunday) that I got a text saying we would be accepting rude requests from 11 am today.”

At the end of my journey, the bill came up to $46. I had a voucher from Uber, which covered the cost of my first ride, up to TT $70, so there was no need to use my cash. Having done as requested and entered the voucher number before the end of my journey, within seconds of Rajesh used his phone to indicate on the Uber app that he had dropped me off, a bill was sent to my email address, reflecting a payment of TT $0.00.

Having spent about 15 minutes in West Mall, I requested another Uber to take me back to the exact spot from which I was collect earlier by Rajesh.

There being no Ubers nearby, I had a 15 minute wait for Uber driver, Leah, to reach me. Noticing the app wanted me to wait by the side of the very busy Western Main Road, something I didn’t want to do because of the lack of shelter and the exposure to vehicle exhaust fumes, I used the “Contact” option to text Leah my preferred collection point at a side entrance to the mall. (You can also call you Uber driver via this option).

While Leah’s vehicle was a little older than Rajesh’s, it was just as clean and had working A/C. Robinson-Centella had spoken of Uber’s concern about hiring the right people as drivers, and while I’ve only used Uber twice so far, Leah, like Rajesh, was friendly and willing to be interviewed.

Asked about the reason for her joining Uber, Leah said, “I started driving taxi with an H vehicle in 2013. I am always looking for business opportunities, especially self-employment matters.”

“I have a cousin in Virginia who’s an Uber driver and he told me the company was getting ready to come to Trinidad, so I said well I’m definitely doing that because if I’m accustomed working a traditional taxi, I can more than work for Uber, plus it would be less hassle; not having to hustle to fill your car each trip,” Leah shared.

Like Rajesh and Robinson- Centella, Leah cited safety and convenience as the main reasons why people in TT would want to use Uber even though it is more expensive than a regular fare in an H or PH taxi.

“The crime situation in Trinidad now, having a service like Uber gives you and your loved ones a sense of peace because you can share with them (via smartphone) who’s picking you up, when and where from. With a regular taxi, you would have to ask to take a photo of the driver. It’s just more convenient over all.”

Regarding the cost of an Uber, Leah argued that in some situations it might actually be cheaper than hiring a taxi to take you somewhere.

On the flip side, Leah said that “based on demand, the rate may go up, which would be a plus for drivers.”

“(For example) if there’s a huge pile up of traffic because there’s a concert at Hasely Crawford Stadiumor a lot of people at the stadium are requesting an Uber at the same time, you’d have something called a surge in price. The price might surge by 1.5 times the regular rate, so there are a lot of incentives for drivers. The (incentives) also inspired me to join Uber, not just the convenience of working when/where I choose to.”

Trinidad and Tobago is the first English-speaking Caribbean country in which Uber is present, the company having already launched its services in the Dominican Republic in November 2015 and in Puerto Rico in July 2016.

What’s next for Uber? Robinson- Centella revealed to Business Day that further expansion in the region this year is what Uber is focused on.

“At the end of the day, we’re looking forward to being everywhere and providing service to everyone. We definitely want to be in most of the (Caribbean) islands by the end of 2017. There’s a huge expansion process for this year, focused on Latin America and the Caribbean,” Robinson-Centella stated.

And, in case you were wondering, the return fare to Chacon St from West Mall was TT$62.00.

SECURITY OVERHAUL

After an opening statement by Minister Dillon, who reiterated Government’s concern with high levels of crime in the country and its commitment to tackling the problem in a coordinated, multi-faceted approach involving all arms of National Security, it was the turn of AG Al-Rawi to take centre stage.

He said the Office of the Attorney General had taken a number of initiatives with the relevant stakeholders to overhaul the criminal justice system and deal with issues such as unclogging a massive backlog of cases (both at the High Court and Magistrates Court levels) some dating back to 17 and 20 years ago and the establishment of a Criminal DNA Register, to aid in crime detection and solving. “One recalls the Piarco Airport preliminary inquiry (PI), which is the major case of fraud in Trinidad and Tobago. We are now in the 17th year in that PI, and we have not yet gone to the High Court, or the Court of Appeal, let alone the Privy Council,” he said. A mapping exercise at the Judiciary on how to deal with the backlog of cases has been productive, Al Rawi said. “We are nearly finished mapping the entire backlog of cases at the High Court which will be available by the end of this month.”

DNA DATABASE According to Dillon, Government recently employed a DNA custodian who will be taking up his position at the end of this month. The custodian, he said, will be the prime mover at the DNA bank which is part of the detection pillar, one of four strategies in the fight to reduce the murder rate and serious crimes.

Al-Rawi, Dillon and Williams yesterday all signalled that this year, the aim is to reduce serious crimes, more particularly murders, through enhanced prediction, deterrents, detection, and prosecutions.

Al-Rawi said that the DNA register “will start with taking the DNA samples and putting onto the data base the entire prison population, and also allowing for the DNA sampling of law for arrestees, so that forensic evidence from a DNA basis will be available.” The recent strangulation of school girl Rachael Ramkissoon, he said, “is at present confined to evidence which may perhaps best be led from a DNA basis. There will be traces. Having a proper DNA functioning register gives us a better chance at detection, prosecution and conviction, because the evidence will be available.” See Page 5A Within the last 15 months, Al-Rawi said, his office was in a joint mapping exercise to determine the road blocks in the local criminal justice system, with teams from the Judiciary, criminal bar, law association, the Office of the Director of Public Prosecutions, Office of the Commissioner of Police, Office of the Commissioner of Prisons and the Legal Aid and Advisory Authority, a criminal justice advisor provided by the governments of which the United Kingdom and Canada to assist TT.

Coming out of this exercise are initiatives, he said, that will improve the management of prosecutions, clearing of backlog of cases for the Judiciary, the provision of manpower for agencies that have been understaffed such as the Office of the Director of Public Prosecutions, and the operation of the electronic monitoring system.

POLICE PLAY CRITICAL ROLE While some staffing has been identified for the office of the DPP by the Judicial and Legal Services Commission, Al-Rawi said, they will only be able to improve on five percent of the prosecutions, as the Trinidad and Tobago Police Service (TTPS) plays a critical role in this drive and is responsible for 95 percent of all prosecutions. Prosecutions through the TTPS, he said, “has been a significant area of concern and inspection.” Government will take to the Parliament, hopefully, in the next couple of weeks, he said, legislation for the elimination of preliminary inquiries, for defendants to be tried by judges only, and for the improvements to the Legal Aid and Advisory Authority that will create a public defenders system.

The elimination of PIs will enable cases going directly to the High Court or the magistrates’ courts.

Provisions will also be made for amendments to the Evidence Act to allow for the provision of anonymous witness to give evidence and for the protection of witness at risk.

In other areas, he said, the AG’s office will also be providing the TTPS with lawyers to work alongside investigators so that cases are ready at the beginning of the prosecution process and not later in the process.

“This is earmarked to be implemented alongside the operationalising of the Criminal Procedure Rules,” which he said, are due to come into effect in April.

That will mean that prisoners brought to the courts will not be sent back without matters being heard in any meaningful way. Instead there will sanctions applied by the Judiciary for failure by counsels to represent their clients.

“The Judiciary is currently in a training exercise with the criminal bar to ensure this happens,” he said. This model is what will lead to improvements in the Legal Aid and Advisory Authority creating the Public Defenders Department. Defendants, whose preferred lawyers do not turn up in court and having their matters adjourned for years, will be given the choice of having a counsel to represent them.

“If your attorney is not available, on the occasions which the court has provided for your counsel to appear, you will be provided with a public defender. That means that trials move ahead,” he said.

6 of TT’s finest get President’s Medal

Priya Maraj and Raquel Le Blanc were awarded the President’s Medal (Gold) for Higher Education in the Caribbean Advanced Proficiency Examination (CAPE) 2016, while Nejev Polo received the President’s Medal (Gold) for the most outstanding student at the Caribbean Secondary Education Certificate (CSE C) 2016.

At the primary school level, Caitlin Brooker, who topped the country with the highest marks in the 2016 Secondary Entrance Assessment examination, received the President’s Medal for Primary Education (Gold), while Sharnavi Sagramsingh and Michael Beepath were awarded with the President’s Medals (Silver).

President Anthony Carmona congratulated the students saying that theirs was a hard fought battle on a road that was winding and uncertain. And yet, they persevered.

“You must not forget and become complacent, but utilise this experience and education in the field of your studies. As the next generation of leaders, it is your duty and responsibility to become critical thinkers. Even at this tender age, engender yourselves to the philosophy of objectivity,” he said.

He urged them to do the right thing even when nobody was looking, and even when it is not the most popular decision.

“In this country of ours, critical thinking is not given the credence that it is ought to be. Sometimes you will stand alone in your resolve to make well informed, well researched and unbiased contributions to our country,” the President said.

Quoting that, “a child is only one loving parent away from success”, Carmona said it was a parent’s job to carry the persona they wished their child to emulate.