Jamaican shot dead

According to reports, Robert McInnis was at Blue’s Bar at McCarthy Street, Curepe attending birthday celebrations when a gunman entered and started shooting indiscriminately.

McInnis was shot and died at the scene.

No motive has been established for the latest killing thus far. Officers of the Homicide Bureau are continuing investigations

Tewarie hails slain cousin ‘a gentle soul’

Maharaj was stabbed to death in his home at Arena Road, near Tewarie Trace North Extension, Freeport, on Monday afternoon.

A relative who went to drop off food for Maharaj, a grandfather of six, made the gruesome discovery. Relatives had reported that Maharaj suffered a stroke about three years ago followed by a heart attack and was a frail man.

It is believed the killer broke into the house and stabbed the old man to death.

Addressing mourners who, for the most part listened in shocked silence as the funeral service at the family home progressed, Tewarie recalled he had spoken about health issues, as well as how to control diabetes, with Maharaj almost two weeks ago.

“He was a gentle soul, not someone who was engaged in evil acts and was not known for mischief in the community but he was stabbed to death and I don’t know how people can live with themselves after this,” he said.

Tewarie then asked for prayers for the family as they dealt with Maharaj’s violent death.

He also noted the community had to be vigilant and “look out for each other” as Maharaj’s killer had not yet been arrested by the police.

“I ask the community to be vigilant and be there for each other, we have to learn to care again and ensure that things like this do not happen again,” he said.

Maharaj was cremated at the Waterloo Cremation Site at Waterloo under Hindu rites

‘Take back our streets’

In a strongly worded statement yesterday, Chamber president Richie Sookai noted that once again “one of our nation’s treasured daughters has been lost to a very heinous and ugly crime.” “What is happening here? Why is our society reacting with apathy and nonchalance to these fatal occurrences? The time has come for all of us to take back our streets, to take back our communities,” he stated.

He pointed out that for over 30 years, many communities had become trapped in a “cycle of reaction: marches, candlelight vigils and vociferous comments at meetings between the police and various communities.” “In Trinidad and Tobago there’s been a stalemate between the Government and opposition on such important issues as the death penalty, mandatory minimum sentences, gun control and police misconduct,” Sookhai stated, adding that neither side had advanced a “proven, longrange strategy for reducing homicides — the leading cause of death for persons involved in the narcotics trade and gang activities nearly two decades.” “Now is the time to stop pointing fingers, take a deep introspective look and advance immediate solutions to mitigate these horrible crimes,” he stated before noting that there were three areas which needed to be addressed- Police Service Reform; Judicial Reform and Constitutional Reform He said the laws governing the Police Service had to change and this included the removal of the rogue elements within the service.

“Also, the time has come to acquire a new kind of talent to combat the unique types of crime that exist in the 21st Century, for example cyber-crimes and identity theft. Matters concerning the Police Service Commission have to be addressed and more powers and responsibility will have to be given to the Police Service Executive Team,” he stated.

He said the Judiciary had a lot of work to do to improve its image and expedite cases as well as settling disputes in a much speedier manner which may entail building and “using more courthouses, eliminating the preliminary enquiry system and sending more disputes to be resolved through Alternative Dispute Resolution, like Mediation.” “Perhaps the country will have to hire more judges and certified mediators.

Perhaps matters such as night courts, small claims courts, and more community mediation centres will have to be given serious consideration and be ushered into reality within the shortest possible time,’ he stated.

And regarding constitutional reform, he said more had be done to frame a new constitution that would uphold the rule of law, “allow better interactions among citizens who live in this pluralistic society, and the flexibility to create platforms for enhanced human rights and timely justice.” “Our nation is in crisis and there is no room for antagonistic politics.

It is critical for all of us to begin a National Dialogue for Constitutional Reform, and call on our Members of Parliament on both sides of the aisle to find the will to work together and collaborate for this purpose. Their failure to do so will demonstrate to us that our leaders are putting the country’s future at risk,” he stated.

Al-Rawi: Waterfront new life for Sando

Addressing an enthusiastic crowd which had gathered on Harris Promenade for a free open air Christmas concert hosted by the PNM’s San Fernando West constituency on Friday night, Al-Rawi said the concert was the first in a series of activities which would take place at the promenade and Waterfront Square.

“We plan to do this on a more frequent basis as we come forward and as we begin our San Fernando Waterfront development this year,” Al-Rawi said, adding, “the idea is to bring life back to San Fernando, be it at the Waterfront Square, where we are going to reclaim three point eight hectares, be it in the development of the old building there, the idea is to create a place for entertainment which is safe and secure.” Al-Rawi recalled the last time he had attended an open air Christmas concert on Harris Promenade was with his grandfather when he was a little boy.

“The last time I was on the promenade like this, I was a little boy and my grandfather was wearing a hat and people wore jackets to come out so I thought I would wear the jacket if only because I came straight from Parliament to here,” said Al-Rawi, who is also the Attorney General.

“And this is just the beginning, this is where we reclaim our space,” he said, before thanking several persons and organizations for volunteering their time and talent to the event.

“These events do not happen without volunteers, without citizens stepping forward and doing their part very, very quietly. Those of us who serve in public office stand in a revolving door which turns very quickly but our mission is very simply is to bring alive our city and have our people claim space,” he said.

He also thanked the Trinidad & Tobago Electricity Commission for lighting up most of the promenade and several trees and also Independence Avenue, San Fernando. Al-Rawi then joined with a choir to sing the Christmas carol “Oh come all ye faithful” to the delight of the audience which included former deputy mayor, Junia Regrello who is expected to move up and be appointed the city’s mayor.

Bank of Guyana stops purchase of TT$

He has also warned commercial banks about the amounts of TT dollars they were buying.

The Stabroek News quoted Ganga as telling a press conference on Thursday that there was no chronic shortage of US dollars, but there was “a situation” that may have led to local businesses complaining about a shortage of foreign exchange.

Ganga said there was evidence that traders from Barbados, TT, and to a lesser extent Suriname, were buying large amounts of US dollars in Guyana. This was due, he said, to the economic situation in those countries.

Referring to comparative statistics, Ganga said the TT dollars in circulation in Guyana rose from $9.1 million in 2014 to $38 million to date. The Barbados dollars rose from $8 million in 2014 to $13 million presently.

Assuring that the Guyana economy was a “solid” one, Ganga said commercial banks were satisfy ing the local demand for foreign currency.

Nevertheless, they have been cautioned about the amounts of TT dollars they have been buying, he said.

“The commercial banks are dealing with this situation as we speak. Some of them will be bringing back some foreign currencies they had elsewhere to address some of the demand,” he said.

A lot of people would have gone to the commercial banks and to the cambios requesting foreign exchange for speculative purposes and it was easy to do so.

He also said Trinidad businesses were struggling to pay for goods such as sugar and rice from Guyana.

The Central Bank has asked commercial banks, Ganga said, “to always be careful otherwise we will end up like Trinidad, where Trinidad can’t pay GuySuCo (Guyana Sugar Corporation) for sugar bought over one month ago. It is just US$1 million.” A rice exporter, he said, is owed about US$670,000 from a Trinidadian importer.

“It is now reflecting in our system – their problem,” he said.

Amcham, bankers hit wrangling over FACTA

In separate statements yesterday, the business associations once again expressed concerns about the derailed debate on the bill last Friday, following the Opposition walkout last Friday after a request to debate crime was rejected by the Speaker who ordered Opposition Leader Kamla Persad-Bissessar out of the parliamentary chamber.

This transpired ahead of debate on the bill, which Government members began but then adjourned until tomorrow.

The passage of the bill, which requires a two-thirds majority of the Parliament, will pave the way for making the country compliant with the United States’ Foreign Account Tax Compliance Act (FATCA).

“Let good sense prevail, and commit to passing the Tax Information Exchange Bill,” Amcham said in a release.

“Co-operation between Government and Opposition will be required over the next few months to ensure that our country meets its Caribbean Financial Action Task Force commitments to credibly show that we are committed to fighting money laundering, the financing of terrorism and other financial crimes,” Amcham noted. BATT made a similar case, in its statement, noting, “This legislation is critical to enabling Trinidad and Tobago to meet the revised deadline agreed for the establishment of the regime to comply with FATCA.” The associations hit the parliamentary impasse.

Amcham expressed disappointment by “the continued political wrangling” that was contributing to the delay of the passage of the piece of legislation that governs the implementation of the FATCA.

While Amcham believes that debate was a trade mark for a healthy democracy, it said, “this should not occur at the expense of best interest of the country.” Elected leaders were entrusted, Amcham said, “to always put country first and to rise above the myopic political tactics that could cripple our financial institutions and be detrimental to our ability to do business with the rest of the world.” Minor amendments which may now be needed, Amcham said, can be made without going to a Joint Select Committee, which will unnecessarily delay the passage of the legislation within the timeline which TT itself provided to the US government.

Apart from affecting TT’s ability to do business with the rest of the world, Amcham said non-compliance by the deadline will also adversely affect trade relationship with the US, who is still a major trading partner of TT.

“We trust that our elected leaders will put politics aside to ensure that the interests of TT come first,” the chamber said.

BATT too urged Government and the Opposition to “put aside partisan concerns and do what is right and in the best interest of Trinidad and Tobago”.

“The continued delay creates real risk to an economy already battered by the effects of falling revenue from the energy industry.

If we miss the revised deadline of February 2017 the country will be placed in an untenable situation and the effects could be far reaching for businesses and individuals alike,” BATT stated.

The banking fraternity said it remains committed to providing both sides with comments on the legislation to help expedite the debate.

“This is an important time in our democracy. While debate is necessary and healthy there comes a point when we must step back and do the right thing. Let this be that time.”

Bad service

Parliament’s Joint Select Committee on National Security last week heard how no disciplinary action ever started. The matter, involving three officers, went to a disciplinary tribunal on August 16 but after one member resigned in October, the Public Services Commission voided the tribunal on December 6, with a fresh one due to be named.

In the past, disciplinary tribunals in relation to the Prisons Service have comprised three members.

We can only assume this was the case in this matter. If so, why did the resignation of one member necessitate the voiding of the entire tribunal? Even assuming the tribunal was a one-person inquiry, it is unclear why there has been such a long delay in its revival. It is clear enough that the existing procedures in place are not working fast enough to allow the Public Service to be efficient and adequately responsive, particularly to matters of pressing national interest.

The three officers involved should have the benefit of a determination one way or another. A tribunal would give them a chance to defend their interests and would allow the case against them to be stated.

Sadly, it also seems to be the case that these tribunals can run into three to five years. That is simply too long a time for this matter to be left unresolved, as noted by members of the Parliament committee.

The association representing prisons officers has also raised questions about the scope of the disciplinary proceedings. It is not clear whether the matters before the tribunal will resolve the question of the custody chain of a firearm that was used in the deadly breakout. How did a prisoner get a hold of it behind prison walls? Such a matter is of immense concern, not just to officers but the members of the public who were endangered in the incident.

The failure of the Public Service to deal with this matter in a timely way is just one reason why the public has a right to be concerned about the state of the prison system.

The Parliament committee also questioned why a prisons officer accused of murder was allowed to go to a bank to conduct a transaction in full view of the public, including relatives of the murdered person.

That degree of facility is at odds with the failure to allow civilian Jerome Henry to attend his son’s funeral while he remained in jail because he could not post bail for on an offence of neglect. Was pure favouritism at play? Is there any policy to govern these issues? We call on prisons officials to explain what criteria they use in decisions to allow prisoners to leave the prisons outside of going to court or hospital.

We also question whether adequate security arrangements were put in place (even with the bank’s approval). There may well have been a good reason why the prisoner needed to attend the bank.

(An official release said the accused was allowed to transfer an account to allow his sister access to funds to take care of his son, according to a news story last week). However, there must be an easier way to transfer accounts while meeting banking stipulations. And the officers have a responsibility to act in an even-handed and fair manner to all prisoners.

We are call once again for better- devised protocols for the prisons service and for more public disclosure by the Public Service Commission on the nature of the delays to the disciplinary proceedings.

What does the “Service” in both Prisons Service and Public Service allude to if not to accountability to the general population for matters of direct concern to our safety?

Hill Cultures: Celebrating Diversity

Chalky Mount.

There was an echo of magic in it.

So, off I went with Nyla, my trusted photographer, in search of the ‘Potters of Chalky Mount’, right after a visit to Earthworks, one of the main pottery-making establishments in Barbados. We had discovered there, that the founder of the company, Goldie Spieler, had worked with some of the older potters back in the 60s and 70s. She had arrived from Canada to Barbados in the 60s as a young woman. An artist herself, she had engaged the local pottery makers in order to learn the craft, and had also tried to pass on the art to younger people through teaching and community workshops.

The potters of Chalky Mount have a tradition of over two to three hundred years of pottery making. The pottery, unlike our decorative uses, were used as daily implements and the potters had developed their own way of processing and refining the clay so that the vessels could be used for consuming water and food.

We visited a potter’s home that overlooked what, he said, used to be the plantation owner’s land. He pointed out the expanse from his backyard. The hill on which he resided provided him with a beautiful view of the plains below and thus held historical significance to the people.

The production in this little yard was not expansive like Earthworks’s.

This was a man with no assistance other than his own hands and a small kiln that he used to bake his pottery. The output was small. He didn’t have enough income to upgrade but in this little village, the pottery-making tradition continues because, the clay found here, is ideal for the craft.

From the mountains of the Bible to the Prophet Muhammed’s revelations in a cave on a mountain, mountains have featured in religious iconography for various historical and spiritual reasons. They are sacred in many cultures around the world and are home to many thriving communities.

In 2002, the United Nations marked The International Year of the Mountain in recognition of the fact that “The concept of traditional heritage, culture and spirituality is intrinsically linked with peoples’ livelihoods in the mountains, where it is often traditional lifestyles that determine the way people make a living and subsist…Mountains are also the sources of springs and rivers and have been revered as the home of deities throughout history…A large proportion of the world’s minority populations live in mountain areas.” December 11 was designated International Mountain Day and while the 2016 theme is ‘Mountain Cultures: Celebrating Diversity and Strengthening Identity’ the UN has invited nations to select a theme that may be more appropriate to them.

While Trinidad cannot boast of mountains in the way that the Incas or Chinese can, we can appropriate the UN’s focus on mountain cultures to the hill cultures that survive in Trinidad. One can easily note the similarities in features.

Here our hills are alive with the energy of its local inhabitants.

While the Northern Range acts as armour against storms and hurricanes, in various pockets, one can also easily find small communities thriving on agriculture, fishing, or jewellery-making. In each of these pursuits, nature provides the necessary material.

The Northern Range also creates a dividing line between rural and urban communities — Westmoorings versus the fisher-folk of Maracas for instance, as a geographer friend noted. One can easily note the difference in lifestyles created by the geography and settlement of the areas. The Range also boasts of gorgeous waterfalls, and rivers like Aripo and Caura that are not only critical to the island’s water supply but also have significant ritual value to the various religious groups that co-exist in this island.

While many of us remain oblivious and disengaged from issues like conservation of the environment and the impact of climate change, International Mountain Day reminds us that these issues are real.

While the hills provide pathways to scenic locations like beaches and hiking trails, they are not merely spaces of leisure. They are home to groups of people who live close to the land and, for whom the space is historically and culturally valuable.

It is therefore worth our time to pay attention to the hill cultures that surround us if we are to move towards more progressive ways of thinking a b o u t we at h e r and economics.

God’s wicked acts?

And this is not the only false mantra he annunciates: he also absolves the PNM from blame for the damage caused by the floods and landslips. He does not reassign the blame he so hurriedly dismisses, but assures us that the catastrophe was “An Act of God”.

Poor God. Why would He have done this to lovely Matelot, Grande Riviere and Brasso Seco? And these communities, what might they have done to anger God so? That He sent rain—again? After He had promised, post Noah, no more floods, He would send the fire next time? And what an utter waste of time and intellect to suggest that obeah was responsible for all the damage the rain had done? Like “God send (sic) this” for some reason and there is nothing we can do? Rain falls! Get used to it. Manage your lands and your watercourses. Our roads, rivers, bridges and lands are not “managed” at all in terms of rain event mitigation. And that is not God’s fault.

Listen, notwithstanding some laws or regulations filed away somewhere years ago now, there is zero management of our lands and infrastructure. There is no enforcement of any law or regulation, and once a perpetrator — “developer”, slash and burn farmer or squatter— moves in and creates problems, that person can never be removed or made to alter his destruction to meet some safety or sustainability standard.

And it is the enduring failure of successive governments, but dominated by the PNM, to enforce, regularize and save our lands and infrastructure, that has Matelot, Grande Riviere and Brasso Seco on their knees today. And even if some State agency steps up to try to ensure that hills are not denuded and bulldozed, or rivers illegally diverted, “all it takes is a call to the Minister”, and the State agency is bypassed. And that is a direct quote by a senior person in Ministry of Planning a few years ago, at a meeting at the Asa Wright Nature Centre discussing quarrying in the Arima Valley. Are you aware that there is factually nothing that any arm of the government can do to stop illegal quarrying on State lands? Or to prevent deforestation for “gardening” on State lands? Or to prevent people damming watercourses or changing courses of rivers? Or to stop people building shops on the designated “Right of Way Reserve” along our highways? Even if you are the owner of hillside land through which a government road passes, you cannot cut all the trees on your land and cause the road to slip away. That is the law. But the fact is, as anyone who drives along the Arima Blanchisseuse Road knows, “irregardless” of the law, you can cut all the trees and when the road slips away, government spends millions building retaining walls in vain.

And this, Mr Minister, is the fault of the PNM. All the major slips along the Northern Range roads have occurred where people have removed the forest cover. All those landslides, all the inconveniences, all the loss of electricity happened because the political end of the Ministry of Works refuses to acknowledge what is causing the landslips.

But your engineers know, Mr Minister.

They know what is causing the problem, and they know how to build the retaining walls. But better yet, they know what to do to prevent these catastrophes.

But the failure is not with the engineers. The failure lies with the politicians, who will not enforce the laws which everyone knows need to be enforced if we are to hold our infrastructure together. So it is the fault of the PNM, Mr Minister.

The last government at least announced that they intended to buy out the christophene acreage on the Blanchisseuse Road, so that the hillside could be reforested and stabilized.

But due to the slow pace of bureaucracy in this land (another curse for which the PNM must bear major responsibility) that purchase would take at least ten years.

And it is not just landslips which wrought havoc among the communities.

Roads and bridges were washed away in flash floods. Flooding aggravated by the fact that no watercourses are ever cleaned has swept away perpetually incomplete bridges.

Maintain our land and infrastructure, Mr Minister. Educate yourself and your colleagues in Cabinet. Educate your population, let them learn and understand why rain wrought such havoc. Do not assuage the people with obeah talk that this was God’s fault.

This was an Act of Wilful Ignorance on the part of governments who will never solve the problem if they refuse to u n d e r – stand why landslips o c c u r .

Ac c e p t the responsibility! Fix the problem!

Legal Terrorism at the Industrial Court

The opinions of Frank Mouttet and Derek Ali at the seminar hosted by the Trinidad and Tobago Chamber of Commerce in Westmoorings were prejudicial and would only result in the undermining of the social legitimacy of the Industrial Court and by extension, the entire industrial relations machinery in our country.

As someone who represents both employers and trade unions, I tend to see this in a very impartial light.

There is no doubt that labour legislation in Trinbago allows legal terrorism (vexatious litigation) to flourish in the field of industrial relations. Ali is right, the system encourages too many unscrupulous trade unions to take frivolous matters all the way to the Industrial Court while employers have to dip deep into their pockets to pay for representation. However, Ali neglected to mention the fact that many who represent employers also carry losing matters to the Ministry of Labour and then to the Industrial Court in order to fatten their pockets; exploiting the ignorance of their clients. This is no different to the crooked attorneys throughout the country who charge exorbitant fees to write letters for workers with employment issues, knowing damn well that only trade unions can take up such matters.

Trade unions make money from dues as well as a contingency fee from settlements or judgements. Similarly, those who represent employers charge for every document they prepare, and every appearance they make. So, right or wrong, the longer the matter continues, the more money the representative makes. That is the part that Derek Ali left out.

The Industrial Court is the last bastion of justice for workers in Trinidad and Tobago and while the court has erred in many of its practices, procedures and judgements, without it, we could see the same kind of chaos that Eric Williams tried to stifle when he enacted the Industrial Stabilisation Act. The Industrial Court has a very strict mandate that focuses on social justice, fairness, equity and good conscience; concepts which some employers – and even their representatives – struggle to comprehend. Too many employers, including the Chief Personnel Officer (CPO), believe in doing to workers, what, when and how they desire and when a decision is made against them, it suddenly becomes an issue of bias. Mouttet’s allegation that workers were now “lining up to be fired” is ridiculous beyond words, misleading and shockingly sophistic.

Some employers act impulsively and then complain when the court decides that their actions were unfair, even if legal.

I have heard Industrial Court judges speak of “industrial relations law”, but no such thing exists. Industrial Relations is not law; labour law is the overarching field of study, while industrial relations, as the name suggests, attempts to apply principles and practices to preserve the relationship between trade unions on behalf of their members (workers) and the employers. Therefore, what many attorneys fail to understand, and in turn explain to their clients, is that adherence to strict legal principles will certainly result in a loss at the Industrial Court.

Employers like Mouttet who cry foul when they are apparently being advised incorrectly by their legalistically inclined attorneys, or simply fail to understand the meaning of “good industrial relations”, will continue to lose matters at the Industrial Court. This type of ignorance is not only in the private sector, because even the CPO – on behalf of the government – is a serial offender with an innumerable amount of judgements against it for wrongful dismissals.

It is a shame that the government engages in some of the most underhanded and nefarious behaviour at the expense of taxpayers who fund the payment for these judgements.

A cursory calculation of judgements against government ministries and agencies will show that millions are being spent on compensation, while the Minister of Labour remains as clueless as her comrades in Parliament.

In fact, just a few weeks ago, the Industrial Court handed down a judgement against the Ministry of Labour for a case of wrongful dismissal.

Yes, you read that correctly, and it wasn’t the first, nor will it be the last. If the government, especially the Ministry of Labour, who should be protecting workers, engages in the same exploitative conduct, and fights the same senseless matters all the way up to the Industrial Court, we can only expect the same from the private sector. Both unions and employer represent a t i v e s abuse the system – the public should not be misled to believe otherwise.

j a – mille85@ msn.com