Lead attorney for NGC, Deborah Peake, SC, in pleading for the previously granted freeze orders to remain, said NGC stood to suffer irreparable substantial losses if SIS and its subsidiary company Rain Forests Resorts Limited (RFRL) were allowed to dispose of its assets which are also the subject of a $400 million arbitration claim over the Beetham Water Recycling Project.

She said there was a real risk of SIS disposing of its cash assets held in banks while it left it open to RFRL to dispose of the mortgages being held for SIS, unfettered. She said there was evidence of SIS disposing of some $30 million in fixed assets in one year prior to the freezing orders being granted and it would be a substantial miscarriage of justice if the injunctions are not continued.

The NGC has 21 days in which to file its application for leave to petition the Privy Council to reinstate its High Court claim for damages against SIS over breach of contract relating to the Beetham Water Recycling Project.

Hearing of the application for leave will take place on January 30.

The court’s decision to stay the operation of its order to strike out NGC’s appeal came after it held that crucial timelines stipulated by the Civil Proceedings Rules for civil cases were not adhered to in the prosecution of the case.

Both parties were seeking a resolution of the matter when the issue of the lapse of deadlines in accordance with the CPR rules came up.

Attorneys for RFRL and SIS, Ramesh Lawrence Maharaj,SC, and Neal Bisnath, respectively, insisted that the rules provide for the flow of cases and, after defences were filed in the matter, NGC failed to adhere to the rules in its prosecution of its claim against their clients.

In a majority ruling, Justices of Appeal Rajendra Narine and Judith Jones agreed with SIS’ contention that the judge was not actively managing the case when NGC failed to adhere to the rules in its prosecution of its claim against SIS and RFRL.

As a result of their ruling, the NGC’s claim against the two companies was struck out.

Justice of Appeal Peter Rajkumar dissented.

In June, Justice Joan Charles ordered that the freezing order on the assets of Super Industrial Services Ltd (SIS) be continued, the National Gas Company (NGC).

On December 23 a court order was granted by the High Court in favour of the NGC against SIS which saw assets in the sum of US$180 million being frozen “until the determination of intended arbitration proceedings between NGC and SIS concerning the Beetham Water treatment Project.” Apart from the freeze remaining, the injunction restraining RFRL from disposing of properties mortgaged to it by SIS was also continued.

Maharaj, in his objection to a stay of the court’s order, warned of the repercussions of such a decision where a party did not have an automatic right of appeal to the Privy Council as was the case with NGC.

“There’s no right of appeal or an application for leave. The claim has been struck out,” he said, adding that NGC had the option of re-filing its claim.

Health Minister Terrence Deyalsingh recently estimated that 11,500 people are living with HIV/AIDS in this country alone. While the figures are difficult to track, this is by any standard a high number. And it is likely to represent 75 per cent of the total picture. According to Deyalsingh, the aim is to get 90 per cent of all cases documented and treated by 2020.

In Trinidad and Tobago, like in many other countries around the world, the situation facing people with HIV/AIDS has changed dramatically.

There are highly effective treatments now available. Unfortunately, the progress has been such that some degree of complacency has crept in. For example, people having unprotected sex is not uncommon, according to many indicators.

Locally, organisations such as the Family Planning Association have done stellar work and have greatly enhanced their services to the public. But there needs to be more visibility when it comes to the State’s own policies in relation to the issue. Indeed, what is the current policy? Are we still guided by the Ministry of Health’s 2010 manual? If we are not cautious, this country could follow others where the challenges continue to rapidly shift.

For example, recent data from South Africa shows that young women are acquiring HIV from adult men, while men acquire HIV much later in life after they transition into adulthood and continue the cycle of new infections.

While globally the majority of new infections were among the general population, there are worrying trends in key populations.

In 2014, an estimated 45 per cent of all new HIV infections globally were among members of key populations and their sexual partners.

The latest report warns that new HIV infections are continuing to rise among people who inject drugs (by 36 per cent from 2010 to 2015) and among gay men and other men who have sex with men (by 12 per cent from 2010 to 2015) and are not declining among sex workers or transgender people.

It seems that inadequate outreach, lax policy or continuing stigmatisation has done little to keep these target populations within the reach of intervention.

At the same time, the latest UNAIDS report also shows that the life-extending impact of treatment is working. In 2015, there were more people over the age of 50 living with HIV than ever before — 5.8 million.

The report highlights that if treatment targets are reached, that number is expected to soar to 8.5 million by 2020. Older people living with HIV, however, have up to five times the risk of chronic disease and a comprehensive strategy is needed to respond to increasing long-term healthcare costs.

Trinidad and Tobago must work even harder when it comes to instances of mother-to-child transmission.

The state of play is such that there is no reason why these instances cannot be eliminated completely.

We are of the view there needs to be more open discourse on matters relating to sexuality. The failure to hold this discourse has done little to tackle the genuine public health issues that are posed by HIV/AIDS.

We need to talk about sex, we need to be able to advocate safe sex, we need to treat people who may be vulnerable, and we need to do so professionally and without prejudice.

The religious leaders must come on board more fully.

Still, our senior officials need to stop hiding behind fig leaves and scandals and encourage genuine openness on the matters that really affect us most. Let’s use December 1 as a moment to boost our fight.

Murray, now aged 30, is the world’s No 1. This column is also a tribute to hard work and the act of defiance.

Being No 1 in world tennis is not a small thing. You don’t have to be a tennis lover to appreciate the significance of winning five titles in a row in three months and to be unbeaten in 24 matches. Andy Murray holding top position is an unfathomable achievement.

Nobody believed that a British man would again achieve that status. Murray, too, never thought he would rise to the very peak, so when he stole a win from the steely machine that was his rival, Serbian Novak Djokovic, two weeks ago in Paris, and toppled him from the No 1 position I was ecstatic. But beating Djokovic again in Sunday’s ATP World Tour Finals and retaining the position is history-making.

It seemed that British players were jinxed since Fred Perry won his last Wimbledon title in 1936.

He was also the last world No 1 player from the UK and the first and only English tennis player to win all the major open titles, until Murray came along and defied the odds.

For decades I went to Wimbledon, religiously, and saw the young English players knocked out by the semi-final round. Few names, apart from the Lloyd brothers and Tim Henman, stick.

They lacked the power, skill and mindset needed for the changing game ushered in by brash young Americans like Jimmy Connors who made Ken Rosewall’s elegance suddenly seem of another era, and John McEnroe who turned tennis into a ferocious tournament.

But it was in the woman’s game that a new era of professionalism became most evident. Martina Navratilova, a Czech defector who won nine Wimbledon championships was public about how she prepared herself. She did weightlifting and body training and ate super foods. No ladies’ baseline playing for her; she rushed the net, chased every ball, had a lightning serve and shouted at herself.

To take her on, and players like her, a new level of physical fitness was necessary. No more casual playing, relying on skill and practice.

The human body had to be a well-oiled machine as the game got faster and more technical, requiring greater levels of strength and mental staying power because they lasted longer too.

Part of the surprise of Murray is the sheer height and breadth of the man, which is a great advantage as he can cover the court with ease, although you never expect him to, as he lugs his mass of toned, rippling muscle around the court, seemingly dragging his feet until he has to chase a ball.

Watching him play is not the same treat as seeing Roger Federer play. There is little of that sheer beauty and grace in his game, but he wears his Olympian gold doggedness on his sleeve.

The British invented the game of lawn tennis, like they invented football, cricket and badminton, but they have slipped from domination of all except now for Murray in tennis. It is a matter of national pride to hear his languid speech (as heavy and flat as his huge feet), and a great lesson to all that it is possible to turn things around.

Much soul searching has endured about the paucity of brilliant UK tennis players but Murray’s long and steady trajectory to the top shows that determination and a clinical, utterly workmanlike approach to playing is necessary, and, of course, the money to hire the best coaches and supporting team.

Professional tennis is more than a game, it is a multi-million dollar affair and Murray is pr e p a r e d for that.

Congratulations.

He was yesterday speaking at the TTPS weekly press briefing, Police Administration Building, Port-of-Spain.

“The Trinidad and Tobago Police Service has prepared an operational plan to manage the security of this event. Consultation was held with several key stakeholders including the Elections and Boundaries Commission, political parties and members of the TT Defence Force.” He continued, “We will also be utilising all our National Security Agency assets to support our operation. These include assets of the Defence Force as well as those from the Fusion Centre.” He explained that the plan covers the election period, which commenced on October 31, 2016 and also conclude with rallies by the major political parties on November 26 with the proclamation of election, and a three-phase plan was prepared.

“These phases include the pre-election, the local government election day and post election.

At present we are proceeding our pre- election phase and to date all things have gone quite well.” Dulalchan stated that the TTPS has had two reported incidents and are being investigated. “One of the incidents occurred in Central that is the shooting incident and there was another incident where it as reported by a PNM councillor (candidate) that he got a threatening mail in his mailbox,” he explained.

He said it is important for the TTPS to vigorously intensify their efforts to make sure that those incidents do not happen. Dulalchan emphasised, “I think it is important for me to make a plea to our political parties and to our candidates to engage their respective supporters to assist us in ensuring that those things does not happen.” He also noted that the TTPS has also indicated to station commanders to engage the different political party candidates to find out what activities they are having so that the TTPS can lend their support.

Newsday understands the team of officers led by Northern Division Snr Supt Mc Donald Jacob and including Inspector Naim Gyan and Sgt Haywood, also of the Northern Division, went to Reid Lane extension, where Frank Joseph, Kevin Plaza, and Ricardo Singh were killed earlier this month.

The officers received information that the persons responsible for the killings were seen in the area, and responded with the large contingency of officers. While it appears that the suspects managed to slip through the dragnet, officers of the Northern Division seized three vehicles, arrested three persons for traffic offences and issued 50 tickets. Speaking to Snr Supt Jacob yesterday, Newsday was told that the search for the suspects will continue. Jacob advised the public that any persons with information on the whereabouts of the suspects can make an anonymous call to 800-TIPS, or contact the nearest police station.

On November 5, Frank Joseph, Kevin Plaza, Roger Plaza and Ricardo Singh were all liming at Reid Lane, when a white Nissan Tiida without license plates drove into the street. The occupants of the vehicle then opened fire on the group, who scattered in different directions, trying to get to safety.

Newsday understands the occupants of the vehicle then alighted from the car and gave chase to the men, shooting them several times.

All the men except Roger Plaza died at the scene. Roger, who was hospitalised in a critical condition, succumbed to his wounds on November 19. (See Page 10)

He took Government to task after an off-duty prison officer was shot in both legs at his businessplace in Princes Town. Richards said that despite numerous pleas to put things in place by way of legislature to protect prison officers and by extension officers of the protective services, no action has been taken .

It was reported that Naresh Toll was shot in both legs at about 9 pm on Monday, after gunmen stormed his business place in Princes Town. After the attack Toll was rushed to hospital where he is said to be warded in a stable condition. While a motive behind the shooting is not yet known and detectives continue to investigate the circumstances surrounding the shooting incident, Richards told Newsday that the plight for protection of prison officers was one which his organisation has been highlighting for years .

“We have always advocated for the protection of prison officers and by extension officers of the protective services,” said Richards .

“This has been our single greatest plight, but there has been no response from any government on this issue. Prime Minister Keith Rowley recently talked about redoubling efforts to ensure safety of officers inside and outside the prison, but to date we have not experienced any effect of the government increasing their efforts .

“Attorney General Faris Al Rawi remains unsupportive, because he is not treating with the recommendations which were made .

It would seem that my maths was right when the honourable Prime Minister said what he said, because zero multiplied by two remains as zero.” Richards said prison officers have made several reports and complaints of being threatened in and out of the prison, being followed to their homes by unknown persons and having homes ‘staked out’ .

In an interview yesterday, on a radio station, Commissioner of Prisons Sterling Stewart said the issue of security for prison officers is a serious one because of their liine of work. “This (being a prison officer) is a high-risk job and is not for the faint of heart .

But despite all that we have been through, we continue to operate in a professional manner,” Stewart said .

Toll was not the only prison officer to be attacked by gunmen this year. In February, Prison Officer Fitzalbert Victor was fatally shot outside his home at Pritzgar Lands in Laventille. Investigations revealed that he was targeted as a direct consequence of his official duties. Contacted for comment yesterday, Minister of National Security Edmund Dillon said he was out of the country on state affairs and would reserve comment until he returns home and is fully briefed .

The suspect reportedly went into hiding shortly after the crime took place last week Wednesday .

Officers probing the incident found workable prints and a search was carried out for the handyman but he could not be found .

At 10 am on Tuesday, a party of Central Division officers under Superintendent Corbett, acting on information, went to a Claxton Bay house where they detained the suspect .

He was taken to the Chaguanas police station where he was being questioned up until late yesterday .

Newsday understands the suspect previously stole from Dr Tewarie’s house but the kind-hearted MP forgave him .

At 9.30 pm last week Wednesday, MP Tewarie secured his home and retired to bed .

He awoke at 4.30, the following morning, to discover his house ransacked .

Further checks revealed that his car valued $260,000 as well as a computer, a cell phone, $900 and Parliament documents stolen .

Officers of the Cunupia police were alerted and a search was carried out for the suspect .

Police believe that with the arrest of the handyman they may be able to make a major breakthrough into this investigation .

Luke Camacho, 34, and his wife Jenna Marie Camacho, 30, appeared before Port-of-Spain Magistrate Adrian Darmanie and pleaded not guilty to the offences. They were granted bail in the sum of $150,000 and $100,000 respectively, to cover all charges and are to reappear in court on December 20. Officers of the Inter Agency Task Force (IATF) executed a search warrant at a house in Four Roads, Diego Martin on Monday and seized a .380 pistol, a magazine with 11 rounds of .380 ammunition, five ziploc bags containing approximately 75 grams of marijuana, a camouflage sweater, three camouflage pants and a quantity of TT currency. PC Otis Turton of the IATF laid the charges.

The Commission advised special electors living in this district that because they are now not required to vote, those electors who have already collected their envelopes are requested to return them to the Office of the Returning Officer at the San Fernando City Corporation, any registration area office/sub-office or its electoral office at Scott House in Port-of-Spain. PNM General Secretary Ashton Ford confirmed Victor-Wilson’s victory and said the party is pleased with this development.

UNC chairman David Lee confirmed Soodeen’s withdrawal and explained this was done on medical advice. Lee said Soodeen had fallen ill recently and medical advice given to the UNC advised against Soodeen’s continued participation in the campaign.

Lee said had Soodeen continued, justice would not have been done to him or the party. He was not worried about the PNM’s victory, saying the UNC would “roll with the punches.” When contacted yesterday, Soodeen was mum on his medical condition but said it began to affect him two weeks ago. He was optimistic about contesting the 2019 Local Government election once he regained his health. “I am very disappointed,” said Soodeen.

He added, “I would have loved to contest the election, but after having a long conversation with my doctor, he advised that I take complete bed rest to recover.” Meanwhile, Victor-Wilson expressed her disappointment at not being able to enjoy the thrill of counting votes on election night

This was the call yesterday from the Network of NGOs for the Advancement of Women ahead of Monday’s local government elections.

In a statement, the Network said, “We have still not elected a woman mayor in Port of Spain, the only City not yet to have done so. Yes it is time to repeat the old cry, ‘Put a Woman, to work for you in Local Government.’” The Network also noted that the ruling People’s National Movement (PNM) has done more to create opportunities for women in Local Government than the Opposition United National Congress (UNC), even though the UNC has more female candidates in its slate for next Monday’s polls. The Network said of the 112 women facing the polls, there are 58 from the UNC and 44 from the PNM. There are ten women from other political parties contesting the elections. In the 134 electoral districts, the Network said there are nine districts in which the candidates are all women.

“The region with the highest number of women is Tunapuna with 17, the lowest being Mayaro/ Rio Claro with two,” the Network said. The Network also said that a gender analysis of the 2013 Local Govermnent Elections,”revealed that the PNM was ahead in securing positions for women.”