TEENAGER Keston Holder was reported in stable condition at the Port-of-Spain General Hospital (PoSGH), after he was shot in the right thigh on Saturday night. Police sources said around 9 pm Holder, 17, was liming at the corner of Clifford and Norfolk Streets, when a car pulled up and one of its occupants rolled down one of the rear windows, pointed a gun at him and fired a shot. Holder, of Norfolk Street, was shot in the right thigh. He was taken to the city hospital, after which a report was made and a party of officers responded. Up to late evening, no arrests had been made and officers of the Belmont CID are continuing investigations. Officers attached to the Belmont Station also said that they have no leads in the murder of Wayne Cassius Allum who was shot dead in his white B13 Nissan Sentra on Saturday afternoon. Allum, 28, lives in Penal and investigators were trying to determine what he was doing at the corner of Walcott Lane and Belle Au Road, Belmont.

The Court of Appeal has advised magistrates that in future, in circumstances where they are exercising their discretion to revoke bail, they should ask the accused person whether there is any reason he/she could advance why bail should not be refused or revoke, before arriving at a decision. The Court gave such directions on Thursday last, after dismissing Garfield Christopher’s appeal in spite of finding  a “technical breach” of the Constitution in the circumstances of the case. However, the Court comprising  Chief Justice Sat Sharma, Justice Margot Warner and Justice Anthony Lucky found that  breach “caused no injustice to the appellant  (Christopher).” The Court also chided the appellant’s attorney W Campbell for bringing this constitutional motion which was an abuse of process.  Further, the Court did not grant a declaration nor did it make an order as to costs. On January 14, 1999, Christopher was arrested and charged with four counts of serious indecency. On the same day he was granted bail with a surety in the sum of $120,000 by a Justice of the Peace.  On January 22, 1999 when he appeared at the Point Fortin Magistrates’ Court, the magistrate revoked his bail and advised him of his right to apply to a judge in chambers for bail. On January 29, 1999, he was granted bail by a judge in the same amount.

Christopher spent seven days in custody as a result of the revocation of bail by the magistrate.  For this, he filed a constitutional motion claiming that his rights were breached — that he was deprived of due process, because he was not given an opportunity to be heard before his bail was revoked and because the magistrate did not given him any reasons why his bail was revoked. The magistrate said she revoked the bail because she wanted to have Christopher’s record  traced and secondly, that she suspected that the surety was a professional bailor. The magistrate said she told Christopher the first reason but not the second. Christopher said no reasons were given. In an 11-page judgement delivered by Justice Lucky, the Court recognised that the crux of the appeal was whether there was a denial of natural justice. It said that the right to be heard is not a right to make a successful submission but an opportunity to present an argument which may or may not be favourable to a person’s case or application. “Fairness demands that all the circumstances of a case must be considered.”
Lucky said: “The important point to remember in this case is that the learned magistrate gave the appellant the reason for revoking his bail. It is easy to infer that if in these circumstances, he had anything to say he would have done so. “ The crucial issue in my opinion is whether there was a denial of a right to be heard. The failure, however, in my judgment,  to enquire of him whether he wished to be heard, was a technical breach in the circumstances of this case which caused no injustice to the applicant.”

In considering what relief, if any,  should be granted, the Court said that it was clear from the reason given by the magistrate, that she was entitled to refuse bail on the grounds stated. And nothing has been advanced by Campbell by way of legal submission or evidence, which may have caused the magistrate to change her mind. Therefore, Christopher is not entitled to compensation for loss of liberty. Justice Lucky pointed out that Campbell had conceded in his skeleton argument and orally before the Court, that the appropriate remedy was really to move for judicial review, however in view of the delay which had occurred, he had resorted to the Constitution. Lucky added: “This, in my view, was clearly an abuse of process. The constitution  is not to be regarded as a last resort when all else has failed. “This is a discretionary remedy which has to be exercised judicially. Considering all the circumstances of this case I do not propose to grant a declaration and in my view of the special circumstances will make no order as to costs.”

Sheldon Singh, 26, of Montague Avenue, Trincity, became the latest road fatality around 4.15 pm yesterday, when the car he was driving in a westerly direction on the Churchill-Roosevelt Highway, flipped several times, ending up in the vicinity of the K-Mart building in Trincity near a river. Singh was a sales representative at Mel’s Auto Service. He and his girlfriend were expecting their first child in September. They planned to get married next year. Cpl Matthew Andrews of the Arouca Police is investigating.

THE start of Arima’s 115th anniversary Borough celebrations, kicked off  yesterday with prayers and a military street parade. The week of activities will climax on Saturday — Borough Day, with Carnival-like celebrations including Jouvert and steelband. At yesterday’s inter-faith thanksgiving service at the Santa Rosa RC church, Monsignor Christian Perreira in his homily urged Arimians and the nation as a whole, to release themselves from the “art” of complaining, warning that holding on to complaints would never allow us to achieve dignity. Monsignor Perreira described complaining as an “old art” which was a “real condition of humans.” He told the congregation to look around them and they would see things “which we feel we have to complain about,” but he warned that complaining was a bondage which was “preventing us from claiming our dignity.” He observed that complaints arose out of the many bad things which surrounded us in a world “with much ugliness,” but insisted that if we continued to dwell on it, “we will remain powerless to do better.”

He said the word of God challenged us to understand the dangers and evil of complaining, which weakened us, and urged all to have the courage to put aside complaining and move forward to a new life. Arima’s Mayor, Eustace Nancis, in his first public address since assuming the post, called on Arimians to recognise the battles won by our multi-ethnic, multi-cultural society. Describing Trinidad and Tobago as a “colourful tablecloth” of which Arima was the “callaloo,” Nancis said he was confident that the people of his Borough had all the ingredients to face the challenges which were sure to end in victory. He asked that all look deep within themselves to face every personal battle. The Mayor also vowed to do his best to make Arima a better place, but reminded those in attendance that the success of a great leader depended on the cooperation and unity of all. Representatives of a number of religions also offered their prayers to the Borough.

Steve Riley of the Seventh Day Adventist church in his prayers touched on the crime issue, noting that all of us were potential criminals if we didn’t believe in God. He said the church needed to be visible beyond the walls of churches for crime to stop. Following the church service, was a military parade through the streets of the Borough. The parade comprising detachments of the Regiment, Coast Guard, Fire Services, Police and Cadets, with accompanying marching bands, began at the Arima Velodrome at 12 noon. It was inspected by Mayor Nancis, who later took the salute at the Arima Town Hall, Sorzano Street. Joining in the celebrations with the staff and Councillors of the Arima Borough Corporation, were MP for Arima, Pennelope Beckles, MP for Arouca South, Camille Robinson-Regis, Ag Commissioner of Police, Everald Snaggs, Prisons Commissioner, Leo Abraham, Commander Garnet Best of the Coast Guard and Ambassador Jerry Narace.

THE United States of America (USA) over the weekend suspended two programmes which allowed certain international passengers to travel through the country for transit purposes without a visa. A release from the US Embassy in Port-of-Spain said the suspended programmes are the Transit Without Visa Programme (TWOV) and the International-to-International Programme (ITI). The suspension took effect on Saturday based on instructions from Homeland Security and the US Department of State. Additional steps to increase security at airports and on airplanes which normally transport and process passengers under these programmes, will also be put in place. The release said it is the intention of the departments to reinstate the programmes as soon as additional security measures can be implemented to safeguard the programmes from terrorists.

Comments on the Departments actions will be solicited from the public over the next 60 days, when a reassessment of the suspension will be reviewed. Homeland Security Secretary, Tom Ridge, was quoted in the release as saying that the Department knows that the measures will “impact on international travellers, but we believe they are necessary in order to protect lives and property.” He described the measures as “aggressive, but an appropriate response” to the threat to terrorism. The release further stated that three exceptions will be made to the instituted measures. They are, TWOV and TIT passengers in flight at the time of the suspension were not affected; travellers who purchased their tickets as TWOV and TIT passengers on or before July 24, 2003, and who are scheduled to depart for transit through the US before 12.01 am tomorrow  need not have a visa to transit; however flights scheduled for departure after the above time  which includes a stop in the US, must either obtain a visa or change their travel to exclude any stops in the US. And thirdly, if a person has already travelled through the US as a TWOV or ITI passenger on the first leg of their trip, on a round trip ticket, they will be allowed to make a stop in the US, if they use their return portion of the ticket before 11 am on August 9. Under the TWOV programme, passengers arriving in the US from a foreign country were permitted to travel through the US to another foreign destination without first obtaining a visa to stop and change places in the US. The ITI programme also allowed passengers arriving from foreign countries to transit through the US to another foreign destination without first obtaining a visa.

ONE OF the largest credit co-operatives in the country has invested over $500,000 in education awards over the last ten years. On Thursday evening, the President of the Eastern Credit Union told parents and other interested parties that the organisation was determined to continue its efforts in investing in the nation’s young people. “the nation’s future,” in the months and years ahead. Gary Cross was speaking at the institution’s 2003 Education Awards and Recognition ceremony held at the auditorium of the La Joya Facility, St Joseph. Thirty-six successful Secondary Entrance Assessment (SEA) examination students and five University of the West Indies students were awarded a total of $41,000, based on economic need and meritorious performance.

One awardee, Gabriel Henry, is to do a practical at the Trinidad and Tobago Hospitality and Tourism Institute. Abigail Maxwell, the student who topped the SEA examination in 2002, received the second tranche of her scholarship award. During his address, Cross told the audience: “We at Eastern strive to make our young members masters of their own destiny.” He stressed that Eastern encourages young people to save, in order to access loans for provident and productive purposes and at the same time, provides guidance and counselling in the use of their God-given talents and other resources. “In our 30 years of existence, through a passion for education, training and discipline, we have a growth-oriented institution with employees, stakeholders and potential members. “We have improved their lives and the quality of their existence, using tried and successfully proven methods of co-operation and mutual support,” added Cross. The Deputy Permanent Secretary in the Ministry of Education, Dr Janet Stanley-Marcano, advised the students to make full use of the opportunities given to them and do not take things for granted. She also called on parents to support the awardees in their pursuit of a proper education.

AN ISLANDWIDE exercise Satur-day night netted 14 people, but the country’s most wanted man, Sheldon “Skelly” Lovell was not among the lot. The 14 were picked up in various parts of the country for traffic and narcotic offences, senior officers told Newsday. The arrest of the 14 is a part of the latest anti-crime initiative co-ordinated by Acting Commissioner of Police, Everald Snaggs. Exercises in the country’s nine divisions will continue, police said. Lovell, 32, along with two other men identified only as “Gumbo” and “Fruity” are wanted by the police in connection with the July 17 kidnapping of teenagers Yves Ayoung Chee and Benedict Barrette at Marli Street, Newtown. The whereabouts of the three remained unknown up to late yesterday.  Officers of the Anti Kidnapping Squad (AKS) said they have intensified their search for the three.

Warrants of arrest charging the men with the teenagers’ kidnapping were issued and announced at a media briefing last Tuesday. Lovell has since contacted a Port-of-Spain attorney, indicating his willingness to surrender, possibly today. The Crime Stoppers is offering a $100,000 reward for Lovell. The figure was increased from $25,000 because of his alleged involvement in other kidnappings.