After a nine-month hiatus, President Anthony Carmona appointed attorney Faraaz Mohammed as the new chairman, with attorney and former prosecutor Lee Merry, and former chief fire officer Leslie Skeete as members.

Under the Firearms Act, the board hears and determines appeals of decisions made by the Commissioner of Police when it comes to applications for firearms licences. This may seem a trivial matter at first glance, but in fact, having a layer of appeal over the Commissioner is integral if the public is to have any confidence in the scheme of regulation of firearms.

Not having a Firearms Appeal Board places too much responsibility in the hands of the Commissioner, concentrating power in a way that is not open to challenge.

The absence of a board also potentially allows a backlog of appeals to develop creating administrative difficulties. It also potentially frustrates those who seek, legitimately, to obtain permission from the State to hold firearms.

Shortly after the swearing-in, Mohammed told the media, “the first order of business is to determine exactly the status of the appeals, and getting down to work as quickly as possible.” The new board was eager, he said, “to get the ball rolling, and work assiduously to try and clear any backlog if there is any, and get the process moving quite smoothly.” The new board, however, will have only a three-year tenure. The length of this term is short enough to result in an adequate rotation of personnel. But it may be too short if, for whatever reason, a new board has to be sworn in. Sadly, another nine-month delay might be on the cards as there does not appear to be a history of treating with this board in a timely fashion.

Indeed, the history of the board is that it has sometimes been in abeyance for years. Such was the case in 2005 when the board was in limbo for about 22 months and High Court Judge Justice Amrika Tiwary-Reddy issued an order for the appointment to be made by Cabinet. (Cabinet advises the President.) In that 2005 case, attorney Anand Ramlogan contended that Cabinet’s failure to appoint members to the board had created a black-market in which corrupt police officers were soliciting money from businessmen for licences.

Such a distressing state of affairs is sadly not beyond belief, even if today we would question if there is evidence to justify it.

Ironically, however, there is enough evidence to suggest that vast streams of firearms are flowing all over the country without any form or regulatory involvement.

In this sense, the appointment of a Firearms Appeal Board is almost farcical in the absence of any statistics showing the number of appeals and estimates as to what proportion of all firearms are licensed.

The shooting death of Enterprise resident Anton Mitchell on Thursday was yet another case in which an unlicensed firearm was reportedly involved.

Nonetheless, the appointment of the new board comes as we prepare to mark the two-month anniversary of the entering into force of the Arms Trade Treaty.

To date, the treaty has 130 signatories, with 87 state parties, 87 ratifications (including Trinidad and Tobago) and three accessions.

The second conference of State parties took place in August. The treaty is important given the social impact of this trade. Here in Trinidad and Tobago we have felt the murderous impact. There are also other indirect and insidious implications, such as in relation to gender-based violence.

At least now the Firearms Appeal Board can get back to work, ensuring that one piece of the puzzle functions as it should.

The general experience with regard to the functioning of councillors during their three-year term of office is that they may, according to their whims, preferences and prejudices, respond to residents’ grievances, complaints and representations but selectively especially to accommodate their relatives, friends and favoured supporters.

Councillors generally tend to ignore areas where they did not obtain votes or dismiss those who are not in their good books regardless of the pressing priority needs for which representation has been made.

At the moment, the councillors must approve every project, small or large, in his or her electoral district from the repair to every pot hole, clearing the grass on roadway verges and cleaning drains to road, footpath and bridge construction.

The electoral district is thus a little fiefdom over which the councillor presides.

Minister Franklin Khan wants to expand this fiefdom to empower the councillor to identify deserving pension applicants, the poor, child abusers and perpetrators of domestic violence.

He elaborates: “They will control their own piece of geography… who better knows the old lady who is in dire need of pension, not your councillor? Who knows the families that are at risk, with child abuse and domestic violence, and who suffer from extreme poverty, not your local councillor?” All this power is to be exercised without accountability.

To say that councillors will be held accountable and will have to answer to the residents in their electoral districts for their stewardship is to ignore the political reality that electors generally vote party regardless of the performance of the individual candidates.

All that is required for success in a safe or relatively safe seat is to manoeuvre in one way or another to be in the good graces of the party leader and hierarchy and secure the candidacy.

Thus this option of accountability is largely pre-empted by the current candidate selection process.

In order to address this problem of laissez-faire councillor accountability (and MPs as well) I had proposed in my column of 19/5/2013 that functioning community councils should be incorporated in the system of local government.

These councils would make provision for the representatives of the various communities within an electoral district as well as representatives of civil society organisations to sit on them. They will meet bi-monthly or quarterly, call the councillors to account and make suggestions and recommendations for new projects as well as more efficient delivery of existing services.

If greater powers, responsibilities and resources are to be devolved to local government bodies, then it is my view that a generally higher calibre of councillors is required to effectively embrace these larger functions.

This is not to deny electors their democratic choice of ordinary citizens who do not have much education or organizational experience.

However, to enable reforms to have a greater chance of success, candidates should inspire confidence through their possession of a higher level of education, qualifications, competence and commitment. A review of the occupations of candidates who have been nominated by the various political parties to contest the 2016 Local Government Elections is quite revealing.

In a speech at a consultation on Local Government Reform in April 2016 at the Diego Martin North Secondary School, Prime Minister Dr Keith Rowley acknowledged the magnitude of the problem. He is reported to have said (Newsday 1/5/16): “the biggest hurdle is getting competent people to serve, adding that people with management competence may say ‘not me and politics’.” He stressed they (the Government) did not want to put things in place under a ‘poor talent pool’…..

there needed to be a certain amount of discipline to make the s y s t e m work and, wi thou t that, the s e c o n d state will be worse than the first

In his judgement which was delivered in the Hall of Justice, Port-of- Spain, Rahim indicated that in the Court’s view, “an ordinary reading of the legislation demonstrates that the qualifying criteria for the election to the office of councillor is that of the age of majority and registration within the electoral area at the date of qualification and not residence.” Making reference to the provisions contained in Rule 66 of the Registration Rules made under the Representation of the People’s Act, Rahim said the Court was also of the view that, “the material facts as put forward by the applicant (ILP deputy leader Sunil Ramjitsingh) failed to set out an arguable case with a realistic prospect of success, namely one that is sound in logic and in law on this issue.” The judge furthered that the law clearly sets out that the qualification for an elector to be a candidate in an electoral district is registration in the electoral area and not necessarily registration in the electoral district.” Rahim also indicated that the fact that different addresses for Ali were stated on company forms and a WASA (Water and Sewerage Authority) bill, “is grossly insufficient in the Court’s view even assuming that other evidence of residence is likely to become available.” The judge said that with the applicant having failed to demonstrate an arguable case with a realistic prospect of success in relation to the non-qualification of Ali as a candidate on the basis of his residence, the applicant also failed to demonstrate an arguable case with a reasonable prospect of success (in case one does exist) that to permit Ali to remain as a candidate is, “irrational or procedurally improper.” Rahim added that as a consequence of the Court’s ruling, it is unnecessary to consider the discretionary bars to the grant of leave, namely delay and alternative remedy.

“The application for leave will therefore be dismissed,” he concluded.

Opposition Leader and UNC political leader Kamla Persad-Bissessar and Opposition senator Gerald Ramdeen appeared for Ali.

ILP political leader Rekha Ramjit appeared for Ramjitsingh.

Speaking with reporters outside of the Hall of Justice after the ruling, Persad-Bissessar said, “The court has already ruled in a manner that affirms and confirms what is our view all along.” She said on the issue of costs, Rahim has asked that submissions be done on or before December 15 in writing.

Ali said, “I am excited. I am happy.

I would like to thank God.” He also thanked Persad-Bissessar and the UNC’s legal team for supporting him. Ramjit expressed disappointment after the ruling but remained optimistic about the results of today’s elections.”

Speaking at the funeral service yesterday for, 46-year-old Mukesh ‘Crucial’ Motilal, one of the two poisoning victims whose bodies were discovered at the side of the road at Tarouba Village near San Fernando on Friday morning, Pundit Kiran Maharaj told mourners that the various family structures have collapsed and a huge social gap has been left.

“We are no longer fulfilling our responsibilities adequately and it starts from birth,” Maharaj said.

“The family structure is most important and we are neglecting it. People go astray because they have been neglected in some way or the other and we have to try to fill that gap.” The bodies of Motilal and Kamraj ‘Cello’ Maharaj, 51, both of Tarouba Road, were discovered at about 6 am on Friday near Las Vegas Recreation Club, locked in embrace and tied together with a piece of rope by the loops of their pants.

But quite baffling to homicide investigators were that the eyebrows of both men were shaved off and their lips were smeared with lipstick.

Both men knew each other well having grown up in the village and residents who knew them, said that they were frequent customers at bars in Tarouba.

An autopsy performed at the Forensic Science Centre in St James on Friday revealed that the men died from acute poisoning.

Yesterday Maharaj, together with and Pundit Teeluckdhary Rampersad, officiated at the funeral service and called on relatives to always put their trust in God.

He said, “We must always trust in God from birth and throughout until death. No matter what takes place, the conditions under which death takes place, we have to accept it at the end of it all.” Motilal was a former Caroni worker and was neither married nor had any children.

From as early as 9.30 am residents braved the inclement weather and flocked to Motilal’s home and then to the Shore of Peace Cremation site at La Romaine to bid him final farewell. Mourners attending the service muttered words of utter condemnation for the deaths, with one relative saying, “I can’t believe people will actually do something like this to another human being. I only hope the family gets justice.” An arrest is yet to be made and funeral arrangements are being made for Maharaj.

Shortly after midnight on Saturday, Director of Public Prosecutions Roger Gaspard, SC, gave instructions to Senior Superintendent Totaram Dookhie and ASP Ghisawan and Groomes and Sgt David to charge Acting Superintendent Wayne Thongs and SRP Dana Spencer.

David later charged Thongs with committing several acts to pervert the course of justice while Spencer was charged with misbehaviour in public office. Early Saturday, Thongs, 55, was placed on $80,000 bail while Spencer’s bail was fixed at $60,000.

According to police reports, shortly after midnight, Rajendra Roopchand was standing on the pavement near his home at Rochard Douglas Road when two vehicles collided in front of him.

Police said one of the vehicles spun out of control and slammed into Roopchand who suffered severe injuries and was rushed to the San Fernando General Hospital where he was pronounced dead.

Police said the drivers of both cars sustained injuries and were also rushed to the San Fernando General Hospital where one driver remains due to severe head injuries.

Roopchand was self-employed and married for less than a year.

The President expressed this view as he joined the chorus of local, regional and international leaders in paying tribute to Castro who died on Saturday at the age of 90.

In a statement, Carmona said, “Fidel Castro’s investment in the human capital of his country and Caricom is undeniable. His internationalism has resulted in thousands of Cuban trained doctors, health care specialists, educationists, agronomists, scientists and athletic coaches being sent to the far reaches of the world, to assist countries and citizens that needed assistance.” The President observed, “How can we forget the role of a Cuban coach in Trinidad and Tobago winning its second Olympic Gold medal through the prowess and athleticism of Keshorn Walcott.” Carmona said under Castro, Cuba developed one of the most accomplished health care, education and sport systems in the world, rivalling many countries in the developed world with far more resources. “Their Biotech Industries and Research Facilities have worked miracles throughout the world bringing great hope to those suffering from glaucoma, vitiligo, leukaemia, various forms of cancer and HIV/AIDS,” he stated.

The President added, “ The Cuban authorities continue to provide cheaper medicine and drugs, both at home and abroad, all grounded in the vision of the late Fidel Castro to create an environment of self-sufficiency, independence and full access to health care for all, regardless of one’s status or geography.” In the realm of foreign affairs and diplomacy, Carmona said Castro’s creation of the “Internationalista” remains an indelible footprint of his legacy as a world leader. “President Castro possessed the ultimate revolutionary spirit. His revolutionary foresight and vision were steeped in the hope of building a World Order, where big and small should have a rightful and equal place on the world stage,” Carmona said.

The President disclosed that he was privileged to have met and spoke with Castro, “on two memorable occasions.” He said one of those occasions was at the Eighth United Nations Congress on Crime Prevention, the Treatment of Offenders and Criminal Justice in Havana in 1990.

He made the call following the conclusion of this year’s annual Egungun Festival held at the Queen’s Park Savannah, opposite President’s House in Port-of-Spain yesterday.

In an interview with Newsday, Folami said, “It is important that we celebrate the ancestors because without them there is nothing.” Folami also added that he hoped within the next five years, attendance at the event grows to 10,000 people. The festival was held between 6am and noon yesterday.

The event saw its members forming a circle and chanting and singing as the Egunguns (Yoruba masqueraders connected with ancestor reverence, or to the ancestors themselves as a collective force) danced around the circle, stopping at different people who then touched the ground in their honour.

Baale Agogo Ifa Osemeji of Ibadan, Oyo State, Nigeria delivered the feature address.

“Every year each family should do this,” Osemeji said. “If African people were doing this in Trinidad, we would have been flying high. But I guess we all became Christians, Buddhists, Hindus and Muslims,” Folami said.

A group of approximately 27 people turned out to pay homage to their ancestors. This year’s festival was done in honour of late pioneer of the tradition in TT, Iya Omi Yemi Aina Olomo.

The festival, it was said, was done in remembrance of the ancestors, “in a quest to synchronise the future and the past to harmonise our present.” “We are making sure on behalf of the African people of TT, whether they like us or don’t like us, that we do what we have to do to bring alignment and balance from the east, the west the north the south, from the earthly realm to the cosmic realm. Mother earth is the key,” Folami said.

He said because the family structure was destroyed, people were now having family reunions to rediscover lost family ties. This, he said, was one of the most important things happening within the African community in TT at the moment.

Lost family ties, he said, could be found when African people go for divination (the practice of seeking knowledge of the future or the unknown by supernatural means).

“We expect the Savannah to be filled one day, maybe next five years, with 10,000 people,” he said.

Trisha Cavita Beharry, 31, of Fyzabad, stated in her lawsuit that she is a health and safety officer and, on March 24, 2014, she was inspecting an elevated water tank to check for rust on the compound of Southern Sales and Service Company Limited, when one of the company’s drivers, who did not have a motor vehicle drivers’ licence, attempted to move a vehicle from the company’s wash-bay area.

Represented by attorney Asaf Hosein, Beharry stated in documents filed in the San Fernando High Court, that at the time, she was standing in a shallow drain about four feet from a tank-stand with her back to a wall when the driver of the vehicle suddenly lurched forward and violently collided with her.

Beharry stated in her lawsuit that she was pinned to the ground after she fell to her knees.

She further stated that at the time of the incident, the driver was not the holder of a driver’s licence.

And, as a consequence, there was no policy of insurance for the vehicle as required by the Motor Vehicle Third Party Risk Act.

Beharry’s lawsuit contended that she suffered injuries to both knee joints and scars to the legs. She had to undergo surgery and and stayed in hospital for three nights.

She still suffers from muscle weakness, stiffness and, what her medical doctors have described as, decreased range of motion. She pointed out in her lawsuit that she could no longer participate in sporting activities.

But far from such, Beharry also stated in her lawsuit that since the incident, she has not been able to perform her job as a safety officer.

She is the holder, according to her lawsuit, of a Masters degree in Health, Safety, Security and Environment; Bachelor of Science degree in Occupational Safety, Health and Environment from the University of Greenwich.

Hosein contends in the lawsuit on Beharry’s behalf, that the car company allegedly permitted the driver to take control of the vehicle, though he was not the holder of a driver’s licence. He is also claiming special and general damages for Beharry.

In a pre-action protocol letter from Roget’s lawyers dated November 9, the union leader claimed that he “suffered much inconvenience, embarrassment, emotional hurt, distress, ridicule and damage to his reputation.” Roget is demanding a “written and public apology within 14 days of the date of this letter” and compensation in the sum of $500,000.

The letter stated that on November 26 and November 30, 2015 respectively, at two political meetings in San Fernando, Moonilal mentioned Roget, together with other union leaders by name, in which he implied that Roget had “corruptly failed to address and/or advocate any issue concerning the working class or actions of the People’s National Movement (PNM) government affecting the working class because he was part of an alliance with the PNM government.” The letter also claimed that Moonilal accused Roget of lacking integrity and honour because he had “hypocritically” accepted $15 Million “to remain silent on matters affecting the working class.” In the 2015/2016 budget presentation, Finance Minister Colm Imbert announced that Government would allocate $15 Million in 2016 to assist the Labour Movement in building capacity and for providing technical and training support.