FFOS to take legal action against EMA and Health Ministry

Fishermen and Friends of the Sea is considering taking legal action against the EMA, the Ministry of Health, the Town and Country Planning Division (TCPD) and the Barana Seafood Processors Scheme.

While the FFOS prefers to explore diplomatic options, President Terrence Beddoe claims that the stench being emitted from the Barana Seafood Processing Scheme is worse than ever and that his organisation fears for the health of their Sea Lots members. According to the FFOS and members of the community, odour control measures implemented earlier this year have failed and visiting cruise ship passengers are offended by the smell, as the seepage of waste from the Processing Scheme goes into the sea and is carried along with the tide. In an interview with the Newsday, Beddoe expressed concern that the stress from living with such a smell will have a negative impact on the community. FFOS has been met with no response from any of the organisations they have attempted to contact. Beddoe believes that the plant is improperly situated and should be relocated as such plants are not advisable in densely populated communities. He also suggests that Barana put into effect new or improved odour control measures, arrange for shorter storage time or frozen facilities for the waste, which is used in the production of cat food. The EMA and Barana could not be reached for comment.  

Judge slaps a ban on any more payout by Caroni

FORMER employees of the defunct Caroni (1975) Limited, uncertain about their future, yesterday suffered a major setback to receiving remaining monies owed to them through the VSEP package when a High Court judge granted a $10 million injunction against Caroni (1975) Limited, effectively halting all VSEP payments.

The injunction was obtained by sugar workers who are still members of the company’s credit union. Justice Amrika Tiwary-Reddy, presiding in the San Fernando High Court, ordered Caroni’s management to desist from paying out any further VSEP monies to daily and monthly-paid employees of the company. Caroni has almost completely paid out $700 million in VSEP packages to employees. The injunction which was sought by the Brechin Castle Credit Union Co-operative Society Limited against Caroni 1975 Ltd, also ordered that the company be restrained from disposing or transferring its property and assets, until it pays to the Credit Union approximately $10 million. The Credit Union is contending that Caroni’s management deducted a substantial part of the $10 million from daily and monthly-paid employees, but did not deposit the monies into the credit union’s account. The injunction was filed in the Sub-Registry, San Fernando, and successfully argued yesterday morning by attorney Anthony Manwah, instructed by attorney Dave Persad.

The credit union is contending the that there was an unwritten agreement with Caroni for its management to inform the union on the termination of service of employees. The reason for this was to enable the credit union to notify the company of the status of employees’ loans which they obtained from the credit union. Vishnu Lucky, manager of the credit union, stated in an affidavit attached to the injunction that 1,084 daily-paid and 194 monthly-paid employees owe the credit union $5,039,747.10. The Credit union is also contending that between March 14  and July 18, Caroni deducted $4,165,343.50 from the credit union members’ salaries. That sum was not paid, the credit union is alleging, into its account. The credit union is further contending that when staff employees received their VSEP packages on August 2, total deductions of credit union payments amounted to $832,551.82. The credit union’s injunction stated that the total sum deducted from the workers’ salaries, but which was not paid into its accounts by the company, totalled $10,079,494.20. As a result, the credit union’s management is unable to grant new loans to its members who are former sugar workers. It is also unable to pay monies into members’ deposit accounts when they become due as well as pay Credit Union Insurance of $45,000 a year. After Justice Tiwary granted the ex-parte injunction, a marshal of the High Court served the injunction around midday yesterday on Caroni’s acting CEO Chandra Bobart. Attorneys have asked the judge to deem the hearing of the injunction as a matter of great importance, fit to be heard by the Judiciary during its vacation.

Man held for auto fraud

FRAUD Squad detectives in San Fernando yesterday arrested and charged a bank teller attached to the Scotiabank High Street Branch with stealing $10,000 from the bank’s vault on July 17, sources said.

Also, yesterday, Fraud Squad officers in Port-of-Spain arrested a Northern Division officer in connection with roll on/roll off fraud.  He was in custody up to late evening. Sources said the 24-year-old bank teller was arrestd at his San Fernando home by a party of officers headed by Insp Leonard Charles. The larceny charge was laid by WPC Chandra Mungroo.  A report of the alleged incident was made to the South arm of the Fraud Squad last week by the bank. The bank teller is due to appear before a San Fernando magistrate today to answer the charge. 

In the other matter, sources said the policeman was held in connection with six reports of fraudulently converting over $100,000 for his own personal use. However up to late evening, Fraud Squad officers were deliberating on how many charges to prefer against the lawman, since he reportedly paid back some of the money to the six victims. The Fraud Squad were considering whether or not to charge the officer with the outstanding balances. The six people reportedly paid the officer sums of $31,000, $24,750, $13,300, $27,023, $6,200 and $34,246 for the importation of vehicles from Japan. The officer reportedly owns an auto centre in East Trinidad. Investigations were spearheaded by Fraud Squad head Sr Supt Wellington Virgil, Supt Glenroy Woodley and included acting Sgt Eileen Romany, Cpls Cupid and Marcelle and PCs Karen Lancaster-Ellis and Daniel.

Integrity Commission to seize undeclared property

The Integrity Commission, being sworn in today, can seize the assets of any State official not properly declared under the Integrity in Public Life Act 2000. In addition, the official can face 10 years imprisonment, and a $250,000 fine.

This is disclosed in the Prescribed Form for declarants contained in the Integrity in Public Life Act (Prescribed Forms) Regulations 2001, obtained by Newsday. It was approved and signed by all five outgoing Commissioners on  August 7, 2001. The Act governs elected politicians, judges and magistrates, and directors of statutory bodies and State companies, and permanent secretaries and chief technical officers. But a sore point with both Government and Opposition politicians is that the income and assets of an official’s spouse (“a person to whom the declarant is married or living in a conjugal relationship outside of marriage”) and his dependant children must also be declared under the Act. The 36-page Regulations, reminiscent of a TD4 income tax form, requires each declarant to complete Form A (Parts I to V), a Declaration of Income, Assets and Liabilities; Form B, a Statement of Registrable Interests; and Form C, a Certificate of Compliance. The Commission can require further information from declarants. Instructions in the Regulations state that if an official is found to possess undeclared income or assets and he has failed to account for it, he is liable to a fine and imprisonment, and possible seizure of the said property.

It states: “Where the offence involves the deliberate non-disclosure of property, the Court may, in addition — (a) where the property involved is situated in Trinidad and Tobago, declare that it be forfeited to the State; (b) where the property involved is situated outside of Trinidad and Tobago, order that an amount equivalent to the value of the property (value to be assessed as directed by the Court), be paid by the person in public life to the State.” Further the Schedule empowers the Integrity Commission to judge a declarant’s claims, stating: “Where in a declaration filed with the Commission, a person in public life discloses an income which is insufficient to support the accretion (addition) in value of the net assets disclosed so as to raise the inference that there must have been other income to account for the extent of the acquisition of such assets, the person in public life will be deemed to have been in possession of such income which has not been disclosed and the onus shall be on him to establish the source of that further income.”

Part II also provides a separate sheet for Declarant’s Statement of any gift, fee of personal benefit, even requiring the declarant to describe the circumstances under which any of these was given or accepted.  It states: “Complete this statement if you have received a gift, fee or personal benefit as an incident of the protocol or social obligations that normally accompany the responsibilities of your office, where the value of the gift, fee or benefit exceeds $2,000 or where the total value of the gifts, fees or benefits received directly or indirectly from one source, in any 12 month period, exceeds $2,000. List all gifts, fees or benefits where the total value of the gifts, fees or benefits received directly or indirectly from one source, in any 12 month period exceeds $2,000.” The form requires the date of receipt; name and address of donor; decription of gift, fee or benefit; and value. Form A requires a detailed account of income, assets and liabilities.

In Part I of the form, declarants must state their own home and job details, plus those of their spouse, and name all dependant children. Part II seeks details of sources of income of declarant, spouse and any dependant children from government/non-government; trade/profession/ vocation, property (ie real estate); interest; dividends; gains/profits (from assets sold); other benefits from employment including housing and travelling allowances; and other sources including but not limited to commissions, bonuses, pensions, trusts, and annuities. Part III requires details of assets of real property, land, money in banks and financial institutions, unit trust and mutual funds, cash and valuables held in safety deposit boxes, life insurance policies, company shares and stocks (quoted and unquoted), investments in partnerships/joint vetures/other businesses, motor vehicles, money loaned, government and corporate bonds, credit unions, other assets including but not limited to boats, jewelry, paintings, and coin collections. In Part IV officials must declare liabilities like mortgages and judgment debts.

In a Statement of Registrable Interest, declarants must state their company directorships, State contracts, company investments, trustee and beneficiary positions held, plus interests in lands, contributory funds, and political/trade/professional associations, and other sources of income. They must also answer the declaration: “I have the following other substantial interests which may appear to raise a material conflict between my private interest and my public duty.” The Schedule explained: “Under Section 2 of the Integrity in Public Life Act, ‘income’ means all income, from whatever source derived or acquired in and out of Trinidad and Tobago whether directly or indirectly, as money or money’s worth and includes all receipts by way of salary, fees, wages, perquisites, profits, gains, emoluments, rents, interest, commisions, bonus, pension, annuity or benefit, and all income within the meaning of the Income Tax Act. The National Constitution in S.138 (1) mandates the Integrity Commission which is birthed by the Integrity in Public Life Act, stating “There shall be an Integrity Commission for Trinidad and Tobago consisting of such number of members, qualified and appointed in such manner and holding office upon tenure as may be prescribed. (2) The Commission shall be charged with the duty of (a) receiving from time to time, declarations in writing of the assets, liabilities and income of members of the House of Representatives, Ministers of Government, Parliamentary Secretaries, Permanent Secretaries and Chief Technical Officers; (b) the supervision of all matters connected therewith as may be prescribed.”

Zoo workers meet Minister, protests to continue

The Staff Association of the Emperor Valley Zoo met yesterday with Rennie Dumas, Minister of Public Utilities and the Environment, to discuss matters arising from their protest last week.

The workers staged a protest last Thursday outside  Whitehall to demand the removal of the Zoological Council and to complain about the lack of security for the animals. At yesterday’s meeting, discussions were held about the upgrade of the zoo. Arnold Viarruel, executive member of the Staff Association, said that Dumas promised to make funds available to conduct the repairs to the zoo as soon as he received a listing of the repairs and estimated cost. “He  promised to have a committee set up by Friday to investigate the receiving and spending of funds,” he said.

FCB’S HOWAI IS CEO 2003

First Citizens Bank’s (FCB), chief executive officer (CEO), Larry Howai is the “Most Admired CEO 2003,” and Guardian Holdings Limited (GHL) is the “Most Admired Company 2003.”

Those were the pioneering results of a collaborative effort between the UWI Institute of Business (IOB) and TIDCO to discover the sterling exemplars of business leadership as well as the principal, corporate practices in the local business community. Howai beat two other CEOs in the category including bpTT’s CEO, Robert Riley and Satyakama “Kama” Maharaj, CEO, Sacha Cosmetics Ltd who was the runner-up. GHL was chosen over three other finalists which included Angostura, bpTT and RBTT which was the runner-up. The awards were designed to promote the strategic enhancement and distribution of economic, scientific and technological best practices and advances in business. Speaking at the awards ceremony which was held yesterday at the Trinidad Hilton, Brian Harry, president, TIDCO said these awards were an integral part to the thrust towards greater national competitiveness.

“Our competitiveness as a nation is dependent on our ability to develop competitive companies, individuals and processes at all levels of our society that foster competitive behaviours.” He said from a business education standpoint, these annual awards represent an important opportunity for business leaders to seek and share essential advice and innovative ideas. The awards, he added, will also allow a broader cross-section of companies to benchmark their performance, not only with excellent local organisations but with foreign high-performance companies. In order to measure and assess the value of TT’s CEOs and companies, executives and employees were invited to submit nominations to the IOB/TIDCO research team. Nominators provided justifications in support of their nominees, who were then short-listed. Initially, the candidates were selected by a jury of their peers. Harry said the finalists in the “Most Admired CEO” category demonstrated a keen ability to motivate, communicate, inspire and foster creativity amongst employees. Trade Minister, Ken Valley said this initiative was necessary since it focused on benchmarking best practices, which he added was critical in TT. He said the awards were also timely as they orient local firms to issues of best practices and strategic positioning and away from an emphasis on short term results and hefty bonuses for top management. He said the crises or WorldCom and Enron have demonstrated what can happen when people throw ethics out the window. He added that not only do their shareholders lose out, but the corporate world as well.

TICFA to meet with Rahael

THE proposed purchase of sugarcane based on quality and the benchmark price of $200 per tonne are among the topics to be discussed by farmers with Agriculture Minister John Rahael on Friday at the Ministry’s St Clair headquarters.

Trinidad Islandwide CaneFarmers Association (TICFA) Public Relations Officer Lallan Rajaram said farmers were also seeking a “three-year” grace period before the “sucrose content” method for the purchasing of canes could be implemented. However, Rajaram, whose organisation represents the majority of country’s canefarmers, said that while TICFA was not against the “sucrose content” system for the purchasing of cane, he pointed out that several questions were still outstanding on how the canes would be tested.

Questions included how the system would be introduced to individual farmers in time for next year’s sugar harvest, as well as which labs would be used to determine the sucrose content of the canes. “Farmers are asking for the traditional period of three years to fully understand how the system works and what adjustments would be needed by farmers,” he said. Currently, Government purchases cane on a quantity basis and not a quality (sucrose content) basis. Rajaram added that farmers were also asking for canes to be increased to $200 per tonne. He pointed out that farmers had not recieved an increase for quite some time and felt that the time was now ripe for an increase since farmers were being asked to supply all of the raw material needed for next year’s crop. Rajaram also urged Government to “speed up” the final payments due to farmers for this year’s crop, pointing out that infrastructural work on lands were being kept back due to the late payments. Farmers are still owed some $42 million dollars for the 2003 crop.

Internet alert for W32/Blaster virus

Internet users were yesterday advised of the risk of their computers being affected by the worm “W32/Blaster.”  The W32/Blaster worm is reportedly affecting Corporate networks and home computers worldwide by causing the user’s PC to shut down once it establishes an Internet connection. For Internet users therefore it may appear as though their Internet connection is being cut off.

According to an advisory posted on the website of the Computer Emergency Response Team (CERT), the W32/Blaster worm is primarily affecting unprotected PC’s using Microsoft Windows 2000, XP, NT 4.0 and Windows Server 2003. However it is not limited to these systems. Internet users have been urged to take all necessary precautions to prevent their syustem from being infected. If a system has not been infected, users can download a patch from the Microsoft website to fix the vulnerability and protect the computer from being infected by the W32/ Blaster worm. Alternatively, users who suspect that their system has been infected by the W32/Blaster worm can download a repair programme from the SYMANTEC website. TSTT said it wished to assure its customers that since learning of the presence of the W32/Blaster worm, it has taken steps to protect its customers from any further infection through the international Internet ports. However, the worm can still spread locally among Internet users and even via other Internet Service Providers. Free tools for protecting PC’s, detecting and removing the W32/Blaster worm as well as other details about the virus are available at: CERT.org; microsoft.com and securityresponse.symantec.com.

Phony kidnappers and their ‘victim’ denied bail

A Curepe girl and four Tunapuna men, charged in connection with a hoax kidnapping, were denied bail yesterday when they appeared before Magistrate JoAnn Connor at the Tunapuna Magistrates’ Court.

Renee Hinkson, 17, UWI Sixth Form student; Carlbert Audain, 23, PH taxi-driver, of Basilon Street; Michael Edghill, 20, PH taxi-driver, of Henry Road; Kenyouth Mc Bernie, 21, machine operator, of New Street and Allister Bones, 22, of Achong Trace, were charged on Monday with conspiracy to extort the sum of $500,000 from Arthur Hinkson (Renee Hinkson’s cousin and guardian) during the period July 21-24, wasteful employment of police during the same period and fraudulently obtaining $20,000 from Arthur Hinkson on July 24. Audain is also separately charged with demanding $500,000 from Hinkson at Gulf City, San Fernando on July 24. The charges were laid indictably by PC Ramjattan following consultation with DPP Geoffrey Henderson and ACP Crime Oswyn Allard. The five stood silent with their hands behind their backs throughout the proceedings.

When defence attorney Samantha Lawson, representing Renee Hinkson, made an application for bail, the police prosecutor informed the Court that no tracing of the defendant’s criminal records had been done hence bail could not be granted. Lawson then voiced her displeasure by saying that her client was in custody since Saturday, but her submission was curtailed by the interjection of the magistrate. “They were charged yesterday, and tracing cannot be embarked upon until the client has been charged,” declared Connor. Defence attorneys Ulric Skerrit, who represents Mc Bernie, and Varoudr Badrie-Maharaj, who represents Edghill and Bones, made an application for the disclosure of all documents pertaining to the matter including statements given to the police by the accused persons. Connor noted the request and asked the prosecution to comply. Connor pointed out to the prosecution that the charge laid separately against Audain was a San Fernando matter and transferred it to the San Fernando Magistrates’ Court for Friday. The other matters were adjourned to Thursday when the five will re-appear in the Tunapuna Magistrates’ First Court. When the five were led away, family members who had almost filled the court, congregated around the attorneys expressing their concern for their incarcerated relatives.

Mother on bond for stealing popcorn, eggs

A 51-year-old mother of two was placed on a one-year bond for stealing grocery items from Hi-Lo Food Stores, San Juan, when she appeared before City Magistrate David Harris in the Port-of-Spain Third Magistrates’ Court on Monday.

Patsy Gibbs pleaded guilty to stealing two packs of microwave popcorn, two packs of bacon and eggs, one whole chicken, two packs of Browne’s gravy mix and one pack short ribs together costing $67.65. The court heard that an on-duty security guard attached to TELECOM Security Services observed Gibbs enter Hi-Lo, San Juan, with a black handbag. She took a trolley and shopped for a while, after which she picked up the microwave popcorn, bacon and eggs, chicken, gravy mix and short ribs and placed the items in her handbag. She went to the cashier and paid for the items in the trolley, however, she did not pay for the items in her bag. She then left the store. The security guard confronted her, searched the bag and retrieved the items. He cautioned her and she told him that she “was going to get money to pay for them.” The security guard took her back into the store and reported the incident to the manager.

Gibbs was then taken to the San Juan Police Station where she was charged for the offence. In mitigation defence attorney Patrick Godson Phillip begged the court to be lenient with Gibbs since she had no prior or pending matters before any court. He explained that the incident was an unfortunate one, which has caused Gibbs a great deal of embarrassment. The magistrate then informed Gibbs that he was placing her on a bond to keep the peace for one year. He explained to her that she must not get into any kind of trouble with the law during that time.