Coast guard officers, in a dinghy supervised by police officers, spent four hours yesterday in a caiman-infested pond located several miles inside a Caroni Estate road at in a bid to fish out the body of kidnap victim Darryl Chotoo. Around 9.30 am yesterday, the Coast Guard officers, accompanied by the police, drove several miles north of the Caroni Post Office, past a tower  then turned left into a dirt roadway and crossed a huge drain before reaching the pond where the body of Chotoo is believed to have been dumped on the night of June 30. Coast Guard officers placed a special net and other equipment into the murky pond in an attempt to fish out whatever evidence remained of Chotoo. Instead of a body or the remains of Chotoo, the Coast Guard officers fished out small river fish and red crabs. They also came face to face with some fierce looking caimans which slithered into the pond. One coast guard officer was seen using a bamboo  pole to search the murky water for the body under the sweltering heat of the mid morning sun. Coast Guard officers told Newsday that based on what they saw, the remains could be lying at the bottom of the pond. At around 1.30 pm, the exercise was aborted when nothing was found.

Today, special equipment will be taken to the pond to continue the search. Sgt Mungal Hazarrie of the San Juan Police Station who was in charge of the search for the body attempted to prevent Newsday from photographing the search. He shouted: “If you take any pictures. I will seize your camera, this is my crime scene and I don’t want you all around.” “You all are vultures,” he shouted. He threatened to throw the media into the pond, and said that although he had bosses, they were not real police and nobody could stop him from preventing photographs being taken. Contacted yesterday, ACP Crime Oswyn Allard said that an investigation will be launched into the matter. He said that he was saddended and shocked by what transpired. Relatives of Chotoo are also expected to visit the scene today. Police investigators were taken to the pond on Wednesday afternoon by a man who is the main suspect in the kidnapping of the father of one.

The man in a statement to investigators claimed that on the night of June 30, he and others kidnapped Chotoo from his El Socorro home. He added that Chotoo refused to be led into the black Nissan B-13 car and was shot between the chest and stomach. He said that the bleeding Chotoo was driven several miles into the roadway north of the Caroni Post office where it was discovered that he had died. He was dragged into the roadway north of the tower and his body dumped into the caiman-infested pond which is used by gardeners to secure water for their gardens. The car which was used to transport Chotoo was burnt and left in the area. It has since been recovered by the police and will form part of the investigation into the kidnapping and murder of Chotoo. The 22-year-old Point Fortin man who pointed out the pond to the police is expected to be charged with kidnapping. If the body is found, he will also be charged with murder, but plans are afoot to use him as a witness against others in the kidnapping and murder of Chotoo. Two persons have already been charged with the kidnapping. Relatives of Chotoo said that while they are hoping that Chotoo is still alive, if the body or any remains are found they would finally have closure in the matter.

DOCTORS at the San Fernando General Hospital (SFGH) yesterday revealed that the chances of survival still remained slim for baby Patricia, whose mother Patricia Montrichard, died two Mondays ago at the hospital while giving birth to the baby girl. Baby Patricia’s father, Cipriano Cova, said doctors had diagnosed the child as suffering from a stomach infection and requested blood for the baby from the family. The two-week-old child has been breathing with the assistance of a ventilator since birth and is being fed through a tube. Nurses are closely monitoring the baby’s condition and are limiting visitors to only immediate family members. Cova, of Agostini Village, Rio Claro, said he donated the blood three days ago and was prepared to do anything to ensure that his first-born survives. This after he lost his common-law wife Patricia Montrichard (the baby’s mother) during the delivery.

A still-grieving Cova told Newsday: “I don’t want to lose both of them at one time. She resembles her mother so much. They are identical.” The father said he spends his spare moments praying for the good health of his baby girl and is anxiously awaiting their first touch. “I feel quite sad that I can’t even touch her or give her a kiss. It hurts that I can only peep at her until I am satisfied, then go home,” he cried. Montrichard, 27, died at SFGH during a Caesarian-section delivery of the baby — her third child. An autopsy revealed Montrichard died after fluid from her water bag went into her lungs, causing her to asphyxiate. Subsequent to her death, Cova and Montrichard’s relatives  filed a written request for an investigation into the incident and said they intend to take  legal action against the hospital.

A SHOOTOUT between officers of the Southern Division Crime Suppression Unit (CSU) and two men in a car ended with one of the suspects being shot to death and a loaded semi-automatic pistol seized by the police in Claxton Bay yesterday morning. Late yesterday afternoon, the dead man was identified through fingerprints as being Miguel James, 34, aka “Goat,” who was well known by police and who had eight criminal charges pending against him in the lower Courts. He lived at Trainline, Marabella. According to police reports, around 11 am, a team of CSU officers were carrying out a special road-block exercise along the winding roads in Macaulay Lands, Claxton Bay. The officers spotted a white Nissan B14 car with two male occupants coming towards them. When they saw that the car had no licence plates, the officers signalled for the driver to stop. The driver stopped a short distance from the officers, and James, who was seated in the front passenger seat of the car, jumped out of the vehicle, pulled a gun from his waist and opened fire at the police, who dived for cover. Meanwhile, the driver reversed his vehicle and drove off.

The officers later returned fire and James slumped to the ground, having been shot in the stomach and legs. He was placed in a CSU jeep and taken to the San Fernando General Hospital where he was pronounced dead on arrival. The body was later removed to the mortuary. Moments after the shooting, CSU officers issued an All Points Bulletin (APB) advising all police precincts to be on the lookout for the other suspect who sped off during the shootout. However, up to late yesterday evening, that suspect still remained at large. Officers on the scene of the shooting retrieved a snub-nosed Taurus .25 calibre semi-automatic pistol and several spent shells. Visiting the scene were Snr Supt (South) Desmond Lambert, Supt Keith Farrell and ASP Nimrod (Homicide Bureau).

President Hugo Chavez of Venezuela (right) and Prime Minister Patrick Manning greet each other with the good old Latin hug, shortly after the Venezuelan President arrived at Piarco Airport last night. It was a long wait to meet Chavez, who originally was scheduled to land at 4 pm, but did not arrive until around 8 pm. After a brief chat in Spanish with Venezuelan journalists, and meeting the group of local Ministers — Minister of Infrastructure, Dr Keith Rowley; Minister of Comm-unication and Information, Dr Lenny Saith; Minister of Energy, Eric Williams; Minister of Foreign Affairs, Knowlson Gift, and Trade Minister Ken Valley  — the visiting Chavez was whisked off to dinner with Prime Minister Manning. The Venezuelan President was scheduled to have a ‘working dinner’ with Prime Minister Manning last night. At 7 am today Chavez will attend a breakfast meeting hosted by Foreign Affairs Minister Gift, and will meet the media afterwards. He returns to Caracas before noon.

The Renal Support Group (RSG) is concerned about the delay in implementing Act No 13 2000 — The Human Tissue Transplant Bill — the legal framework for  the transplantation of tissue from live donors and cadavers. It was piloted by former Health Minister in the United National Congress, Dr Hamza Rafeeq, and assented by Parliament in June 2000. The Act is yet to take effect because regulations have not been finalised by the Health Ministry. These will serve as “checks and balances for the movement of organs, administering of transplant procedures and programmes and determine the criteria for what constitutes someone being brain dead,” said former Junior Health Minister Dr Fuad Khan. He said it is taking too long for the regulations to be prepared. “Although the Act was proclaimed in 2000, it never came into operation, mainly because the powers that be never really pushed it,” said Eddie Reid, Chairman of the Education Committee of the RSG yesterday. Reid said there is tremendous need for the Act because people with kidney failure have three options—dialysis, kidney transplant and death. “What the Act does for us is facilitate the transplantation of kidneys. People in TT can become donors, people like us with kidney disease could get transplants.”

Many people requiring surgery are undergoing expensive dialysis treatment. Reid said dialysis is never intended to be a long-term arrangement. Dialysis costs approximately $900 for each session and some people need two or three treatments weekly. If it is done twice weekly, it can cost up to $93,000 annually or $140,000 annually for three weekly sessions. “By the time Government does what it has to do, we would have run out of money to do the transplant,” Reid said. The surgery can cost between $70,000-80,000 or more should complications develop. Many people cannot afford dialysis. “What is happening to them? Many people are dying.” The Transplant Bill is a sign of hope and chance to live. Reid said renal disease is not just for elderly people. The young productive population is affected and this is a loss to the country. A survey done by the RSG found that over 900 people have chronic renal failure. “Their kidney function has deteriorated to the point where they cannot sustain life without dialysis or a transplant.” He said a donor programme is very important for TT, and the country needed to get to “that well-organised stage” as the John Hopkins Centre in the US where a historic triple swap kidney surgery was done involving donors unrelated to recipients. Health Minister Colm Imbert could not be reached for comment on the status of regulations.

THE ACTION being taken by the Tobago House of Assembly to acquire lands at Pigeon Point, Tobago, is arbitrary and highly oppressive, and as such the THA could not rely on the protection of the Land Acquisition Act, according to attorney for Club Pigeon Point Dr Fenton Ramsahoye QC. Dr Ramsahoye made this point while presenting legal arguments before Justice Joseph Tam in the Port-of-Spain Fifth Civil Court yesterday. He is attempting to get the court to grant an injunction to block the State from compulsorily acquiring the Pigeon Point Beach Resort before the substantial motion is heard. Justice Tam, however, informed the attorneys that he needed some time to look through the various legal documents presented to the court. He then adjourned the case to Friday August 15. Dr Ramsahoye and Rikki Harnanan instructed by Adrian Byrne are appearing in the matter for Robinson Crusoe Ltd, a subsidiary of ANSA McAL and operators of Club Pigeon Point, while the State is represented by Dr Lloyd Barnett, Karen Fournillier, Terrance Thorne and John Jeremie, instructed by Rohana Hosein.

Maintaining that the action was an arbitration of power by the State, Dr Ramsahoye noted there is nothing to show that the acquisition of the land is within the context of the Land Acquisition Act 28 of 1994. He pointed out that from the time attempts are made to acquire someone’s land, the Constitution becomes engaged. He stated that Section 5 of the Act stands by itself, however Section 3 says that land can be acquired for public purposes after a publication notice is made, while Section 4 states that the acquisition can take place within two to three months of the publication notice. However, he indicated that the legislation could not say what exactly what was “public purposes.” Dr Ramsahoye told the court that the action was a clear “violation of the judiciary”. He informed the court that the Publication Notice cannot be made unless the President is advised to do so by Cabinet according to Sub-section one of the Act. He said that they believed that the action being taken is oppressive and politically motivated. He informed the court that once the Publication Notice is made then the lands would be acquired by the State.

He said that in acquiring the lands, the State was wrecking the entire resort. He informed the court that Club Pigeon Point had invested over $12 million over the last seven years to develop and maintain the beach front to its present condition, and it spends an additional $43 million annually to maintain the facility. Dr Ramsahoye noted that the company was willing to give the State one acre of land on either side of the facility. In addition, they were willing to give a strip of land about six to 10 feet long to develop a passage between the Swallows and the northern side of the facility as well as maintain the jetty since it is a national icon and allow free and clear passageway to the beach. He said they are willing to develop an area to relocate the squatters at a rent no more than the THA is presently charging them, and asked that the THA encourage the squatters to move. Dr Ramsahoye told the court that there were other people who were being allowed to run their businesses in Tobago while Club Pigeon Point will be crushed in a move which is just an “abuse of power by the THA.” He then called on the judge to grant the conservatory order so that the State could not take any action until the substantial motion is heard. The matter was adjourned to Friday August 15.

The Board of Directors of the Unit Trust Corporation (UTC) yesterday agreed to make a special bonus distribution of $56 million to unitholders on record as at August 31, 2003. This distribution will be paid out of retained earnings which as at the end of June 2003 amounted to $261.2 million. According to Hubert Alleyne, chairman, UTC, under section 25 of the Unit Trust Corporation of Trinidad and Tobago Act 1981, the UTC is mandated in respect of the First Unit Scheme (Growth and Income Fund) to distribute to unitholders not less than 90 percent of income after interest and other expenses charged for the year. With respect to the other schemes, which include the TT dollar money market fund and the US dollar money market fund, the same section provides that a percentage of income to be distributed to unitholders, after the payment of interest and other expenses, will be such as the Board may determine.

Clarry Benn, executive director, UTC, said in determining the amount to be allocated to each fund for distribution, the Board took into consideration the age of each fund together with its size and the number of unitholders with a definite bias in favour of the higher risked equity-based funds. The First Unit Scheme (Growth and Income Fund) was allocated $32 million; the Second Unit Scheme (TT dollar money market fund) – $21 million; the Universal Retirement Fund (URF) – $2 million and the US dollar money market fund – $1 million. Over 326,702 registered customers who control close to 419,182 accounts are expected to benefit from this special bonus distribution. Benn assured that all unitholders on the register of the Corporation as at August 31, 2003, will be eligible for the bonus distribution which will be directly determined by the size of unitholding in each of the four funds. Unitholders’ accounts in the four funds will be credited in the month of September and statements showing the distribution will be mailed to unitholders from September 1 to December 1, 2003. “This bonus distribution is the first of its kind to be paid by the UTC and underscores the Corporation’s commitment to the unitholders that they share in the financial success of the UTC,” Benn said. Alleyne added that this payment does not constitute an act of generosity on the part of the Board and management. “It merely keeps faith with the intention and vision of the founders of this institution, whose aim it was to design and establish an organisation that would work for the benefit of unitholders — its owners.”

ACTING Commissioner of Police Everald Snaggs yesterday appealed to members of the public to “please communicate” with the police if they have information on the whereabouts of Sheldon “Skelly” Lovell, who is deemed to be the country’s most wanted man for his alleged role in kidnappings. Snaggs also said that if the public feels comfortable with Crime Stoppers, their cooperation with the organisation will be appreciated. Police said Lovell, along with two men identified as “Gumbo” and “Fruity,” are wanted in connection with the July 17 kidnapping of teenagers Yves Ayoung Chee and Benedict Barrette at Marli Street, Newtown.

Lovell had indicated to an attorney his willingness to surrender last Monday but up to late evening, neither Lovell nor his accomplices had given themselves up. It is claimed that Lovell has fled the country. Sources who claim to be close to Lovell told Newsday he is afraid to surrender for fear of being killed by the police or other people in society. However, a senior police officer said the police are not aware that they have a history of eliminating people. He, however, said people have been killed by the police in “questionable circumstances.” The senior officer also said the only reason Lovell would be eliminated is if he has information that could be detrimental to police and other people. “And if that is so, we (police) have really reached below ground level. That is a real travesty and there will be a serious need to import police officers,” the senior officer said.

Crime Stoppers is offering a $100,000 reward to anyone who has information that could lead to the arrest of Lovell, 32, of Morvant. Chairman of the Crime Stoppers Board Martin George told Newsday yesterday that they have been getting “a lot of calls” regarding the whereabouts of the country’s most wanted man. Officers of the Anti-Kidnapping Squad, under Sr Supt Gilbert Reyes and Supt Henry Millington, are continuing investigations.

Chuck Attin — who in 1997 was first sentenced to death for the brutal double murder of Candace Scott and Karen Sa Gomes at Westmoorings, but later sentenced to be detained at the “State’s pleasure” — is now seeking to get out of jail by means of a constitutional motion. His partner in crime, Noel Seepersad, was sentenced to death by hanging. Attin, who was 16 years old when he committed the murders and under the age of 18 when sentenced, is now saying that he should have been sentenced “at the Court’s pleasure” and not the “State’s pleasure” as was announced by sentencing judge Justice Lionel Jones. In his documents filed in the Registry of the Port-of-Spain High Court on Thursday by instructing attorney Keith Scotland of the law firm Justitia Omnibus, Attin is contending that the sentence imposed by Justice Jones was illegal and contrary to law since it is in breach of the separation of powers doctrine underlying the Constitution – in that it transfers from the Judiciary (Court) to the Executive (Government) a discretion to determine the severity of the punishment to be inflicted upon persons under 18 years who commit murder. He further contends that the sentencing order — that he be detained at the State’s pleasure — deprived him of his liberty, not in execution of a sentence of a Court, but at the discretion of the Executive. Therefore, he is asserting, that he was not afforded a fair hearing by an independent and impartial Court.

Traditionally, offenders under the age of 18 are sentenced “at the State’s pleasure” pursuant to section 79 of the Children Act.  However, in a recent Privy Council judgment, their lordships ruled that under the separation of powers doctrine, the “State” cannot sentence a guilty offender, only the Court. Attin, whose advocate attorney is Dana Seetahal, is asking the Court to declare that his detention at the State’s pleasure was illegal and as a result, it deprived him of his liberty in that it was not due process of law, and therefore contravened his rights to protection of the law. He also wants the Court to set aside Justice Jones’ order and it be substituted to read detention “at the Court’s pleasure.” He is seeking a further declaration: Section 79 of the Children Act be modified to read at the “Court’s pleasure” instead of  “State’s pleasure, ” and that the word “Court” in section 81 of the same Act be substituted by the word “Minister”. He also wants the Commissioner of Prisons to provide the Court with all records relative to his conduct, progress and development whilst in prison for the double murder. Finally, he is asking the Court for a declaration of costs and damages and an order that he be released forthwith “on licence pursuant to Section 81 of the Children Act as modified.”       Attin, who is now 25, is presently an inmate at the Maximum Security Prison, Waterloo Road, Arouca.

On July 14, 1994, he was arrested together with Noel Seepersad for the murders of Scott and Sa Gomes which were committed on July 11, 1994 at the women’s Westmooring’s home. They had raped, stabbed, strangled and robbed the women over a three-and-a-half-hour ordeal. Both men were tried in January and February 1997 and found guilty of the double murder. On February 7, 1997, Seepersad was sentenced to death by hanging while Attin was detained at the “State’s pleasure.” He appealed, but it was dismissed by the Court of Appeal on November 28, 1997.  Even his attempt to appeal to the Privy Council was unsuccessful. Attin said that sometime in May 2003, he read in the newspaper that a sentence of detention at the State’s pleasure could be illegal, and as a result wrote to his attorneys concerning the legality of his sentence. He complains that since his detention, he was never been brought before a Court for a review of his conduct, progress and development.