A WOMAN returned home at 1 am yesterday and saw her common-lawhusband in a kneeling position near a bed.  She thought he was praying. He was dead, shot through his left shoulder.  The Morvant man, who is said to have gone against a notorious gang in the Pelican Extension area was shot and killed on the stroke of midnight on Wednesday, police sources told Newsday yesterday. Dead is Declan Besson, 33, aka Fresh, of Halls Lane, Pelican Extension. His four-year-old son, Omari, escaped unhurt during the hail of gunfire.  The child was reportedly asleep at the time. Reports are that around midnight on Wednesday, residents who occupy the downstairs portion of the two-storey house heard several gunshots but refused to investigate.

Besson’s common-lawwife, Nikki Ayodelle returned from her workplace, Goodwood Racing Service, to find Besson in a crouched position near a bed.  She thought he was praying, but police said when Ayodelle touched him, she got no response. The young woman raised an alarm and neighbours contacted officers of the Morvant Police Station. A party of officers headed by acting Sr Supt Waldron Bishop visited the scene where they discovered Besson with a gunshot to his left shoulder blade. Police yesterday speculated that he might have been shot by someone who had called out to him, and as he turned his back in the gallery, was shot through the burglar proof. The bullet did not exit his body, and destroyed vital organs.  His body was later viewed by District Medical Officer (DMO) Dr Samlal Boochay, who ordered its removal to the Forensic Science Centre.

At the Forensic Science Centre, Ayodelle said her son, Omari, who was asleep when his father was shot, later made several efforts to wake his father, but the child got no response. “He (Omari) keeps telling me to stop crying,” Ayodelle said as Omari stood between her and his grandfather, Ivan “Shine” Frederick, who is Besson’s father. He was baffled at the shooting death of his son. “It’s a mystery,” Frederick said. he police, however, have painted a different picture of Besson, saying he used to hang out with a notorious gang and, some of the gang’s members have been charged for the June 18 murder of Trevor Bermudez, 33, aka Yankee.  Police said Besson was questioned in connection with the Bermudez killing, and had apparently gone against the gang, which is believed to have committed several murders in the Pelican Extension area. Lawmen also said that Besson was involved in drugs and that his house was searched earlier this year for firearms and ammunition, but nothing illegal was found. Besson’s murder is now the 168th for the year, four shy of last year’s toll which stood at 172. No arrests had been made up to late evening and Cpl Thomas of the Morvant CID is continuing investigations.

Prime Minister Patrick Manning yesterday confirmed October 6 as “Budget Day” — the day of presentation of the 2003-2004 Budget. The date October 6 was first published by Newsday. He also announced at a post-Cabinet media briefing that the barriers at Marli Street would come down “anytime now.” He said the Government’s decision was to permit one-way traffic on Marli Street. Speaking to the media on a variety of issues, Manning also said he did not regard as a put down, the decision of US President George W Bush not to invite him to a Caricom Prime Ministers breakfast meeting.

Asked if he was left out because of TT’s stance on the International Criminal Court, Manning said he did not know. But he assured the breakfast meeting was not of any high priority. He noted the current initiative being pursued by the TT Government for him to meet President Bush, in respect of energy and other issues. On the issue of kidnapping, Manning said that while recent developments had placed kidnapping back on the front burner, he believed that the levels of security in TT, and Port-of-Spain in particular, were far more secure  than most cities in the world. About the protest action by State attorneys, the Prime Minister said the matter was now before a ministerial committee chaired by Public Administration Minister Dr Lenny Saith. Manning conceded that the increased demands from the attorneys for improved terms and conditions was partly a ripple effect of the increases given to junior doctors in the public service several months ago. However, commenting on reports that a Government committee was recommending a sectoral minimum wage of $30 a hour, Manning said Government supported the principle of a differential minimum wage in different sectors. “Different sectors support different levels of wage and those that can support higher wages should be allowed to do so,” he stated, adding that Government would examine the $30 wage proposal in this context.

ATTORNEY Douglas Mendes yesterday told the Port-of-Spain Court of Appeal that a letter sent to Chief Magistrate Sherman McNicolls in June 2003 challenging his decision to re-assign Deputy Chief Magistrate Deborah Thomas-Felix to San Fernando Court was an independent issue, and should be dealt with as a separate issue. This statement formed part of Mendes’ legal argument to challenge a ruling by Justice Mark Mohammed to deny an application filed by Thomas-Felix for review of McNicolls decision to relocate her to San Fernando Magistrates’ Court.  On Tuesday Mendes informed the court that he had filed an application to challenge Justice Mohammed’s ruling, and an application to introduce new evidence in the matter. When the matter resumed yesterday before Justice Lionel Jones, Justice Stanley John and Justice Margot Warner, Mendes was informed that the application to challenge Justice Mohammed’s decision would be approved.
 
However, the application to introduce new evidence was denied, since the evidence was not presented before the trial judge prior to the appeal. During his submission Mendes noted that contrary to Justice Mohammed’s ruling, the application for judicial review, filed on July 21, 2003, was on time. He stated that the application was directly related to a letter sent to McNicolls on June 12, explaining Thomas-Felix’s medical condition following physiotherapy and aqua-therapy. He said the doctors who conducted the therapy observed that there was a 60 percent improvement, however, they advised that sitting or driving for any extended period was impossible and would only aggravate her back problem. The letter also explained that threats were made against Thomas-Felix and her family, and a suggestion was  made that she be reassigned to Port-of-Spain Magistrates’ Court.

He told the court that the decision made in February to confirm her relocation to San Fernando was made prior to the results of her therapy, and the revelation of the threats made against her.  Mendes told the court that the therapy was conducted after McNicolls suggested that she take extended sick leave to deal with her medical problem. Justice Jones explained to Mendes that the information regarding the threats made against Thomas-Felix was available to her since January 28, however the information was not released until sometime after. He explained that bearing in mind that there was a time frame set aside for the filing of application for judicial review, one could not keep information to themselves and release it when they saw it fit. Justice Jones also noted that he was surprised that the authorities would have that type of information and release it to Thomas-Felix and not the authorities. In response Mendes explained that his client did not reveal the information on the advice of the police. He explained that the information was not even revealed to Thomas-Felix’s attorney at the time. Douglas Mendes assisted by Stuart Young and Nisha Cardinez represented Thomas-Felix, while McNicolls was represented by Russell Martineau. The matter was adjourned to a date to be fixed.

OFFICERS of the St Clair Police Station yesterday morning discovered the body of Bunny Alexander, the unit manager of the San Juan branch of Colonial Life Insurance Company (Trinidad) Ltd (CLICO). A post mortem performed later by pathologist Dr Hughvon Des Vignes at the Forensic Science Centre revealed that the 48-year-old insurance man died from heart failure.  He was a former policeman, who left the service as a police constable many years ago. Alexander’s wife, Yvol, had reported him missing to the Belmont Police Station around 4 am yesterday, after which officers of the St Clair Police Station were contacted. 

Yvol Alexander told police that her husband had left home around 4.30 pm Wednesday to play football at the Queen’s Park Savannah, but did not return. Around 4.45 am yesterday, a party of officers from the St Clair Station carried out a search for Alexander, who lived at Riverside Road, Cascade. The body of the Clico manager was found a short while after in the Queen’s Park Savannah (West), opposite the United States Embassy.  His wife’s vehicle which he had used was a short distance away.

Prime Minister Patrick Man-ning admitted yesterday that the suggestion that First Citizens Bank be merged with Unit Trust came from within FCB. He wouldn’t say exactly who in FCB made the proposal, but stressed that he did not perceive it as an attempt by the bank — which was born out of three failed institutions — to “piggy-back” on the more financially respectable UTC. He was speaking at a post-Cabinet news conference at Whitehall yesterday. And the Prime Minister lamented that people, in giving their views on the matter, were going to the extreme, insinuating that life in Trinidad and Tobago would somewhat come to an end if there were to be such a merger. Asked whether the response showed that people did not trust Government controlling their money, Manning said it was clearly a “throwback” from the last UNC administration. He said the reactions showed that there was “tremendous support in the national community for both institutions” — the FCB and UTC.

Told that the public didn’t seem to support the idea, judging from the responses thus far, Manning said the public had only heard one side of the story. “We (the Government) are examing both sides.  It may well be that having examined that issue we see angles to it that have not found their way into the public domain,” he said. He promised to make all aspects of the information public. On the legal side, he conceded that Government might have to amend the legislation before a merger could be effected. Stressing that Government had taken no decisions on the matter, Manning assured that Government would take the views of the public into account before arriving at its conclusion. Government’s considerations were being driven  to a large extent by a study in the Ministry of Finance by “those who are authorised to conduct a study of that nature,” he stated. He stressed, however, that Government at the same time, was “consulting widely.” Asked whether he thought that his announcement about a possible merger, which stirred considerable controversy, was untimely, Manning said he did not think so.

Chief Fire Officer Lennox Alfred has appointed divisional fire officer Keith Greaves, the Head of Training at the Chaguaramas Training Facility, to conduct an immediate investigation into the state of facilities at the institution. He has also ordered that the report be submitted in 24 hours. This comes in wake of the death of 38-year-old fire officer Dale Jackson who died from suspected leptospirosis on Tuesday. An autospy carried out revealed that the cause of death was inconclusive and blood and tissue samples have been sent for further tests. The results are expected to be made known at the end of October.

Jackson, who had been a member of the Fire Service since 1993 was the father of three. He was admitted to the Port-of-Spain General Hospital on September 16 with symptoms of dengue and died on Tuesday. Yesterday, John Springle, the public relations/welfare and research officer of the Fire Services, said that claims by the Fire Services Association about the Chaguaramas facility being overrun with mosquitoes and rats were false and unfounded. On Tuesday, president of the Fire Services Association Lennox London said he believed that senior fire officers did not want word to get out about the number of dengue cases at Chaguaramas. He also claimed that about ten other officers have been diagnosed with symptoms similar to Jackson’s, but he felt that the authorities were trying to cover up the issue.

Springle, in response to those claims, said that Coast Guard officers used the facility to train for several months, and they experienced no problems. Springle claimed that the Solid Waste Management assisted with clean-up operations at the facility. He said that on July 8, the Ministry of Health sprayed in and around the facilities, and on July 22, the Ministry of Health carried out a routine visit. Then, on July 28, the Diego Martin Regional Corporation placed rodent poison in and around the training centre and on September 16, the Ministry of Health again visited and placed granules in and around the facility.

The planned shutdown of the Eric Will-iams Medical Sciences Complex was aborted yesterday when workers of the North West Regional Health Aut-hority (NWRHA) re-ceived news that the Payroll Department had begun processing the payment of outstanding increments totalling $10 million. Workers assembled at the front entrance of the Complex from 9 am with the intention of going to the Ag chief executive officer’s office for a guarantee that the payroll department was instructed to begin preparing their pay sheets.

Health Minister Colm Imbert had given an assurance two weeks ago that workers would be paid by the end of September. However, Yvonne de Peza, a staff representative for the Public Services Association, said she heard last Friday that the Public Sector Negotiating Committee had given final approval for the increments and the Ag CEO had been directed to instruct the Payroll Department to start work.  But checks on Monday and Tuesday revealed that this had not happened. This prompted NWRHA workers to protest yesterday. De Peza said the authorities must have gotten word of their action because vice-president of Fin-ance contacted her yesterday with news that payroll had started working on the pay sheets. “The money should be ready and in your account no later than Tuesday,” De Peza told workers.

She said the Payroll Department would work over the weekend and do overtime to ensure the payment is made. De Peza told the workers they were on the “right track” and the next step is seeking permanent appointment for temporary workers. She told them that the struggle had not ended since there were many other issues of which the PSA is aware. Although payment has been settled in one area, workers of the Central Sterilising and Processing Department (CSPD) complained to Newsday about money owed to them because of underpayment over the past four and a half years. Instead of being paid as CSPD operators they were paid as “ordinary technicians.”  Salary adjustments and correct payment is being implemented this month. A worker, who declined to give his name, said the Ag chief executive officer said the arrears  will be paid in November. “We want it before Novem-ber, we understand there is money to be paid.”

JUSTICE Peter Jamadar will deliver a ruling next Tuesday as to whether he should grant leave to the United National Congress to challenge the establishment of the Caribbean Court of Justice (CCJ), by way of judicial review. The judge heard preliminary legal arguments in the San Fernando First Civil Court yesterday on issues, firstly whether the court had jurisdiction to adjudicate on the matter. The action was filed by UNC MP for Fyzabad Chandresh Sharma who is seeking to have the court review the decision of Chief Justice Sat Sharma to swear in two members of the Caribbean Judicial and Legal Service Commission. Justice Jamadar yesterday inquired from  Dr Fenton Ramsahoye QC, whether, based on his submissions that the treaty and agreements establishing the CCJ had no bearing on this country’s legal system unless incorporated by an Act of Parliament, the local courts can have locus standi (jurisdiction) in adjudicating on the matter.

Senior Counsel Anthony Jacelon who represented the State, took issue with the applicant (Sharma) not disclosing the source of his affidavit evidence of monies being budgeted for the CCJ and the actual swearing-in of the commissioners last month at the Hall of Justice. Jacelon submitted that the swearing-in was a nullity because only the Head of State can conduct such an exercise. The Head of State, Jacelon stated, is the president of the country. Jacelon urged the judge not to take the matter further and refuse the applicant leave to apply for judicial review. He stated that the modern approach to judicial review was founded on whether an action or inaction, resulted in the need to correct it. He said the swearing-in of the commissioners was not one such wrong. Justice Jamadar said he viewed the matter as one of very serious public importance and would give his ruling next week Tuesday. The judge’s ruling will determine whether the substantive case will be heard, or the application thrown out.

THE OPPOSITION United National Congress (UNC) yesterday scoffed at former Attorney-General Ramesh Lawrence Maharaj’s boast that his “new political vehicle” will oust the People’s National Movement (PNM) to form the next government in 2007. Maharaj left yesterday for New York where he will address Trinidadians living there about forming this group. The former AG said Trinidad and Tobago will be surprised with this still-unnamed party (which reportedly already has a draft constitution) and its policies. However, UNC Chairman Wade Mark declared: “His (Maharaj) intellectual faculty of reasoning has taken permanent flight. Life is about dreams and people do dream but the real challenge is how one translates dreams into reality. He is engaging in daydreaming.” Mark told Newsday that Maharaj does not have “the slightest chance” of forming a national party, much less forming the next government because he committed “political suicide” when he betrayed the UNC in 2001.

The UNC chairman said the electorate will judge Maharaj harshly for shattering the hopes and aspirations of working people by his actions. However, while maintaining that Maharaj’s ambitions were nothing but “a pipe dream,” Mark noted that under the Constitution, people were free to form political parties to contest elections if they wished and “time alone will tell.”  Following the closure of Caroni (1975) Limited in July, Maharaj was active in his efforts to champion the rights of former Caroni workers and cane farmers. Opposition Leader Basdeo Panday told Newsday that Maharaj’s true agenda was to draw UNC supporters into his fold. Following Sunday’s PNM General Council meeting at Balisier House, Prime Minister Patrick Manning revealed that the party’s recent membership drive saw 7,000 persons joining the PNM with a “significant influx of people” from Central Trinidad. Manning said the PNM would ensure that new members feel welcome and participate fully in all spheres of the party’s activities.