Campaign heats up

THE campaign for next Monday’s Local Government Elections is expected to heat up this week with a series of meetings, both national and regional, by both the PNM and UNC. The PNM has three national meetings scheduled for this week. The meetings are to be held on Wednesday at Charlie King Junction, Fyzabad; Sinanan Building, Sangre Grande on Thursday and Five Rivers Junction, Arouca on Friday. Prime Minister Patrick Manning is expected to be the feature speaker at all three meetings. The party also has planned several regional meetings in the various constituencies. The UNC, in its schedule, listed meetings tonight at the Arima Town Hall, tomorrow at Hilo Car park, El Dorado, on Wednesday at Rio Claro Junction, Thursday at Princes Town taxi stand and on Friday at Corinth Junction, San Fernando. All the meetings are expected to begin from 7.30 pm with Opposition Leader Basdeo Panday being the featured speaker. The UNC’s closing rally is scheduled to come off on Saturday from 1 pm at the Saith Park, Chaguanas. There are 126 seats up for grabs in the 14 municipal corporations. The PNM is contesting all the seats, while the UNC will contest 114. The UNC has joined with the National Alliance for Reconstruction to contest the elections.

Last week, representatives of both the UNC and PNM met with officials of the Elections and Boundaries Commission (EBC). Following that meeting, Chairman of the UNC Senator Wade Mark told reporters the party was concerned about election day violence. He said the party had suggested to the EBC that a meeting be arranged with the police this week to discuss the matter. Mark alleged that its candidates were being offered bribes by the PNM in an effort to sway them from facing the polls. He said the party was concerned about levels of intimidation, harassment and violence which could be unleashed on voters next Monday. He promised that if the police did not take action, officials of the UNC certainly would. He, however, did not say what form of action would be taken. The PNM has dismissed the UNC’s allegations as paranoia. Prime Minister Patrick Manning announced the date for the elections on June 3 in a statement in the Senate.

Ramnath: Do not put lives in hands of Caribbean jurists

OPPOSITION Member of Parliament for Couva South, Kelvin Ramnath, on Friday night urged government to go to the people and get a referendum on the establishment of the Caribbean Court of Justice (CCJ). Ramnath was speaking at a UNC meeting in Sangre Grande in support of the candidates for the Sangre Grande Regional Corporation in the July 14 Local Government Elections. Ramnath said the people’s views on the CCJ must be sought. He told party supporters they should never put their lives in the hands of Caribbean jurists. He said it was judges like former Chief Justice Clinton Bernard who would be judges in the CCJ. He said if people felt those like Bernard were unfair, wait till they examined judges in other islands. He lamented that TT must remain with the Privy Council until “we are able to demonstrate we can make decisions that are fair, just and right for people.” The CCJ is to be headquartered here in Port-of-Spain and is expected to be inaugurated in November. Ramnath also questioned why Manning was suddenly talking about an executive president, when he was silent on the matter during the 18/18 deadlock. Ramnath alluded that Manning’s talk was in keeping with the PNM’s intention to have “one party rule … on the road to totalitarian government.” He said if that wasn’t the case, why would the PNM want to win the Local Government elections when it already was in charge of central government. He insisted they had to start their campaign now to control “all institutions” now.

He advised supporters, “We must stop them on the march to autocratic and totalitarian rule” by voting for the UNC on election day. He further warned of house padding by the PNM which would enable them to win the next General Elections. Ramnath said the PNM was not building any houses in their so-called constituencies, but rather only in UNC areas like Pointe-a-Pierre, Caroni Central, Couva, Mafeking and St Joseph. Also returning to the UNC platform was football honcho Austin Jack Warner. Warner said he was supposed to be out of the country until after the elections but he didn’t intend to be ungrateful or be called a “nemakaram” so he was back to join the campaign. He immediately took the opportunity to respond to claims by government minister Danny Montano that the UNC was dying from the inside and would be dead by the end of the year. Warner said, “the UNC is like a lion, it never dies, it might sleep to wake up and rise again.” Other speakers at the meeting were Harry Partap, MP for Nariva, UNC Senator Jennifer Jones-Kernahan and former NAR minister Joseph Toney. Both Toney and Partap alleged that the PNM was bribing UNC supporters and urged them to take the gifts but vote for the UNC. Partap also warned Works Minister Franklin Khan of impending protest action by his constituents over the neglect of their roads.

Manning asks Caricom to appeal to UNC

On his first public outing since returning from the 24th Caricom Summit meeting in Jamaica, Prime Minister Patrick Manning has confessed to feeling “shame and embarassment” over the Opposition party’s refusal to support legislation governing the Caribbean Court of Justice. He was addressing a mobilisation meeting in support of the ruling party’s candidates for the Rio Claro/ Mayaro Regional Corporation at Rio Claro Junction on Saturday evening. A clearly frustrated Manning also revealed that Caricom leaders had been asked to “intervene” in the dispute so that “good sense will be allowed to prevail in the issue.” “I have asked Caricom leaders to find a way to intervene in this matter and let good sense prevail,” he said, adding that the Court’s establishment should be placed above party politics. He indicated that an unnamed Caribbean leader had reminded him that TT had been originally selected to be the Court’s headquarters because of guarantees by the former UNC Administration.

And with Education Minister, Hazel Manning on the platform, the Prime Minister extended congratulations to both the top performer and runner-up in the 2003 SEA Examination, Shivan Ramlochan and Ava Marie Bruce. Then, in an obvious reference to Siparia MP, Kamla Persad-Bissessar’s allegation of governmental interference in the results, said that “no Prime Minister can feel as proud as I feel at this moment for young Ramlochan and Bruce.” He revealed that the percentage of students scoring 30% or less at the exams had decreased from 16% in 2002 to 10% for 2003. He also reiterated Government’s commitment to the textbook rental system, saying that all books would be free of charge for this year but advised parents they would pay for for any damaged texts.

Old wounds haven’t healed

THE recently concluded 170-day-long Piarco Airport Commission of Inquiry revealed to the nation, not only alleged corrupt activities in the construction of the Piarco Millennium Airport, but that old wounds often do not heal, when the Commission’s Chair-man, retired Chief Justice Clinton Bernard launched an attack on his now deceased colleague, Justice Richard Crane. It was while responding to a Newsday Editorial and an Express story, that an emotional Bernard surprised everyone attending last Wednesday’s sitting  with his outburst: “Crane was a drunkard, sue me if you dare!” Following the outburst, Bernard went on to state that for many years, people had been uncharitable and unkind to him (Bernard) when it came to the Crane issue. He also promised to “reveal the truth” about the Crane issue, “if you tempt me.” During the sitting, Bernard also criticised the Director of Public Prosecutions (DPP) Geoffrey Henderson, who had cause to warn Bernard about the way he was conducting the inquiry and the impact evidence being solicited may have on  criminal matters before the court. The DPP had specifically reminded Bernard about the ruling of the law lords of the Privy Council concerning “fairness,” as was set out in the case involving Bernard and Crane. The saga of Justice Richard Alfred Crane could be said to have started in 1990 when he created local judicial history by being the first local judge to be suspended by the President on the recommendation of the Judicial and Legal Services Commission (JLSC). Chairman of the JLSC was  Chief Justice  Clinton Bernard.

However, during last Wednesday’s sitting and following his emotional outburst, Bernard denied being part of the committee that sat to deal with the Crane matter. In October 1990, acting on the recommendation of the JLSC, then President Noor Hassanali, suspended Crane, who was then the most senior puisne judge. Hassanali also ordered that a tribunal be appointed to investigate Crane’s conduct. The President appointed a three-member tribunal comprising now-retired judges, Justices  Evan Rees, Garvin Scott and Lennox Deyalsingh. Following his suspension from the bench, Justice Crane, a father of eight, filed a constitutional motion, and an application for judicial review. Retired Justice Ivol Blackman dismissed Crane’s motion and judicial review application in 1992. Justice Crane appealed, and the Court of Appeal ruled in his favour in November 1992. The JLSC took the matter to the Privy Council. On February 14, 1994, the Privy Council ruled that Justice Crane was wrongfully suspended and ordered the State to pay costs. This ended Justice Crane’s almost four-year battle with the JLSC. On September 11, 1997, Justice Lionel Jones, sitting in the High Court,  awarded damages to Justice Crane in the amount of $185,000 plus interest. Justice Crane felt the sum was not enough damages and through his attorney Stanley Marcus SC, applied to the Court of Appeal to have the award increase  to $4.7M. The application was heard before appellate judges Justices Roger Hamel-Smith, Jean Permanand and Margot Warner on July 20, 2000 and a further sum of $50,000 was awarded to Crane, giving him a total of  $235,000. But the former Judge was still not content with this sum and took the matter to the Privy Council.

However, he would not live to hear the award of the Privy Council as death would play a final hand, and on Sunday January 6, 2002,  Crane died at his No 2 Hutton Road, St Anns home, at age 71. He died without receiving a penny, since up until his death, Crane was awaiting a hearing before the Judicial Committee of the Privy Council. Even in death, Justice Crane made the headlines, when it was revealed in his  will that he left an estate worth just under one million dollars, but not one cent was left to his estranged wife Loretta Ann Crane. Instead, Crane left specific instructions that his son Philip Nigel Crane get most of what he (Justice Crane) owned, with the exception of a property which he (Justice Crane) had owned with Loretta, but which was to go to Crane’s ex-wife Thelma, who last lived in St Lucia. In his Will dated December 31, 2001, Crane explained that he was not leaving a cent to Loretta, because she abandoned him when he needed her most, during an illness, which eventually claimed his life.

When Newsday visited the Hutton Road, St Ann’s home  over the weekend, residents said that the Crane family had long sold the property and migrated. “That is an old, dead issue and I do not think you all should try to rake it up for the sake of a story,” stated a resident who was jogging during  Newsday visit.. He however said that  Bernard had a right to speak out on the matter, but not at a public forum such as the Piarco Airport Commission of Inquiry. Bernard’s visit to Crane’s “spirit world” may result in serious  future implications for the local judiciary. Almost immediately after Bernard’s outburst, the Council of the Law Association  dispatched  a letter to President Maxwell Richards, with copies  to Prime Minister Patrick Manning and Attorney General Glenda Morean, allegedly calling for an immediate end to the inquiry.

TT’s longest inquiry

THE longest Commission of Inquiry in Trinidad and Tobago’s history ended on Friday, after 170 days of public hearings at the Caribbean Court of Justice, Port-of-Spain. It was the probe into the Piarco Airport development project which saw some 66 witnesses giving evidence. The Inquiry was at times fiery, with startling disclosures being made. Then there were days when the evidence was long and repetitious. The announcment last Friday that sittings had come to an end, brought sighs of relief and smiles, especially from members of the media, as well as an exuberant “free at last” by an attorney. However although the sittings have ended, the report is yet to be complied and recommendations made to President George Maxwell Richards. The deadline for the submission of that report is August 31. The airport was constructed under the United National Congress (UNC) government and officially opened in May 2001. The budget was $650 million but during the Inquiry, evidence revealed that the cost escalated to $1.6 billion. The Commission was chaired by former Chief Justice Clinton Bernard and included as Commissioners Marie Ange Knights, Victor Hart, Keith Sirju and Peter Bynoe. Bynoe fell ill last month, which forced the President to issue another warrant allowing the Commis-sion’s quorum to be amended for four Commissioners to hear evidence.

The Commission, which began sitting on August 23, 2002, named several persons and companies, both local and US based, as “subjects” of the Inquiry. Those “subjects” included fomer NIPDEC Chairman Edward Bayley, former Works and Transport Minister Sadiq Baksh, Ishwar Galbaransingh and his company Northern Construction Ltd (NCL), Tyrone Gopee and Ameer Edoo, both former Chairmen of the Airports Authority (AA), Ronald Birk and Edwardo Hillman-Waller both of Birk Hillman Consultants (BHC), the project designers, as well as Calmaquip Engineering Corp-oration. Other “subjects” were Nipdec, Jusamco Pavers Ltd, Damus Roofing Ltd, Electrical Trading Ltd, Thomas Peake and Co Ltd, Seereeram Brothers Ltd, Engineering Services Consortium and Krishendath Joe Ramkissoon of Lee Young and Partners. Incidentally, all the keyplayers in the project failed to participate in the Inquiry, all saying that the process was fundamentally flawed. Those keyplayers included Baksh, Galbaransingh and NCL. Former Finance Minister Brian Kuei Kung and Maritime General Insurance and Fidelity Finance and Leasing, were also summoned after being implicated, but they opted not to participate. Edoo began taking part as did Gopee aand Bayley, but they too later withdrew. Nipdec,  project manger for the airport project, was the only firm which participated fully in the Inquiry. Later all the local contractors named as “subjects” were cleared. BCH and Calmaquip, although indicating they would be available, last month wrote saying they would not question witnesses but would provide written submissions. Those submissions are due by tomorrow.

During the Inquiry both the Council of the Law Association and the Director of Public Prosecutions, wrote the Commission on several occasions either complaining about the way the Inquiry was conducted or seeking assurances that fairplay be exercised, in order not to prejudice the criminal matters before the Port-of-Spain Magistrates’ Court. Several persons and companies are charged with matters arising out of the project. The letters of complaint drew the wrath of Bernard, who vehemently repeated that nothing done at the Inquiry impacted on the criminal matters. Among the main witnesses at the Inquiry were two former UNC ministers, John Humphrey who chaired the Inter-Ministerial Committee and Jearlean John, who assumed the portfolio of Minister of Works in 2001. Humphrey who was portrayed as being the decision maker on the project defended himself, saying all his actions were approved by Cabinet. He insisted that at no time did he act of his own accord. He however admitted that the airport cost too much and that then Prime Minister Basdeo Panday was ill advised to remove the project from the AA and give it to Nipdec. Humphrey further suggested that the pricing of a $472 bi-fold door tendered at $98,000 by NCL in its bid for Construction Package number nine, was a “Trini/USA ratchifee.” He however strongly defended the “fast track” method adopted on the project, which some experts who gave evidence said should not have been used.

Humphrey too lost his cool at the Inquiry after he found Guerra was asking him repetitious questions and “things which I know nothing about.” Humphrey even threatened to withdraw from the proceedings if Guerra’s badgering had continued. Jearlean John in her testimony shed tears as she spoke of sabotage attempts against her efforts to have the airport opened. She recalled the uncomfortable obstacle-filled days she faced, but she said she was determined to do her job. She futher spoke of the abuse of the change order system on the project and labelled the Ministry of Works and Transport client representative as a “pompek” rather than the “watchdog” on the project. She said he always bypassed the Permanent Secretary and went straight to Baksh. John gave direct evdience for a full week and was questioned for a further four days. Cateau who appeared before the Inquiry on 25 occasions to give both direct evdience as well as to be questioned, alleged that Baksh knew the project would cost more than the budgeted amount, but preferred to keep it a secret for fear that the public would not accept the billion dollar project. Cateau complained of feeling like a bird in a cage saying he was restricted and constrained in his duties. He said the VIP lounge at the airport cost $11.1 million. Nipdec’s General Manager Margaret Thompson in her testimony at the Inquiry argued that the company could not peform properly because BHC held too much powers and the client, that is the Ministry of Works, refused to give him more power. She also spoke of being pressured by BHC and Cateau and accused John (J) of wanting to open the airport to coincide with Panday’s birthday. NIPDEC’s attorneys later apologise to John (J) for the statement which damaged her reputation. Thompson also spoke of alleged collusion between BHC and NCL as it related to the cost of variations and of Cateau paying BHC US$1.5 million without approval.

The Joint Consultative Council (JCC) also had its say at the Inquiry. But the evdience of its President Winston Riley abruptly ended, after Riley disagreed with Bernard’s decision to strike certain parts of his evdience off the record. Before that however, Riley too broke down in tears during his disclosure about injustices against it by the then government in favour of BHC. Another JCC member Emile Elias in his testimony said Panday knew of the “feeding frenzy” on the project, but yet he did nothing about it. Another JCC member Brian Lewis said a layman could have designed the airport. There was also evidence about Baksh increasing a contract to Calmaquip from $20 million to $50 million and David Scott the principal of Scott Associates Inc, which competed with BHC for the job of project designers, saying that he was mamaguyed by Edoo who was Chairman of the Cabinet appointed task force. His claim stemmed from the fact that when he was invited to make a presentation, he was under the impression that his company had been having exclusive negotiations with the AA.There was also evidence that Cateau, BHC and former Nipdec Director Trevor Romano called the shots on the project.

Court rules against CoP’s decision to sack SRP

Justice Mark Mohammed ruled Friday that the decision of Commissioner of Police Hilton Guy to fire Theresa Joseph, a female Special Reserve Police (SRP) officer,  was “irrational.”  The judge also quashed the decision of the Commissioner to do so. Justice Mohammed further ordered that Joseph’s application to become a police constable in the regular police service be remitted to the Commissioner for consideration. Joseph, an SRP since 1986, had received a letter from the Commissioner in 2000 offering her the opportunity to be absorbed into the regular police service. She immediately indicated in writing her acceptance of the offer. The offer was made following a Cabinet decision on July 12, 2000,  to absorb the SRPs into the regular police service. However, one of the requirements was that the SRPs pass a medical examination. At the time this requirement came into effect, Joseph was on sick leave, having been injured in a motor vehicular accident while on armed duty escorting prisoners.

Her injuries required medical attention locally as well as in Canada, which she sought, following permission from the Commissioner.  She resumed duties on September 10, 2001 and tendered a medical certificate of fitness issued by the police doctor. Although she continued working, she heard nothing about her absorption except that she was assigned regimental number 15424.  After exhausting all efforts to find out more about her absorption, Joseph sought help from her attorney Rajmanlal Joseph, who wrote the Commissioner on the issue in November 2001. The Commissioner responded by letter, stating that according to Cabinet minute 1279/2000 there would be no further absorption of the SRPs. Joseph was also instructed to proceed on all vacation leave from November 27, 2001, at the expiration of which, she would no longer be eligible for further employment in the SRP.  It was then Joseph took the Commissioner to court.

Caribbean Archbishop wants pro-gay Bishop to go

The Bishop of Reading has been called to stand down by two senior archbishops from the worldwide Anglican movement because he is a passionate advocate for gay rights. The Archbishop of the West Indies, Drexel Gomez and the Archbishop of Nigeria, Peter Akinola, have called for the appointment of Canon Jeffrey John to be revoked because of his support of same-sex blessings. Archbishop Gomez said, “I was surprised by the appointment of Jeffrey John and I think it is going to do a lot of harm.” Archbishop Gomez, who was the author of a report to the recent meeting of the 38 Archbishops in Brazil which influenced them to oppose the sanctioning of same sex blessings also said, “It would help the Church if he did stand down. His appointment places the Church of England in an invidious position.” Archbishop Akintola told the Church of England Newspaper that Canon John’s appointment would have damaging repercussions globally. Canon John, Chancellor of Southwark Cathedral, was selected to be Suffragan Bishop of Reading by the Bishop of Oxford, Reverend Richard Harries.

Canon John’s previous support for gay and lesbian Christians includes contributing to a prayer book for homosexuals which includes prayers for situations not covered by standard prayer books, such as same-sex blessings and trans-gendered people going through surgery. He is also a co-founder and trustee of Affirming Catholicism, the Church’s liberal movement which was established in 1990. Canon John is due to be consecrated in October, although a petition against his appointment signed by 100 clergy and lay people has been sent to Bishop Harries. Bishop Harries has also received letters in support of Canon John. Reverend Richard Thomas, spokesman for the Oxford parishes, said that John was a fine priest whose focus has been entirely on church growth and mission and because of this “the Diocese of Oxford has welcomed his appointment.”

Who are these UNDP medics? Rafeeq wants to know

Saying that there were horror stories involving foreign doctors,  former minister Hamza Rafeeq on Friday called on Health Minister Imbert to lay in Parliament, the agreement under which the UNDP doctors would be coming to Trinidad and Tobago. He was speaking during the debate on the Pharmacy Board Amendment bill in the House of Representatives yesterday. He also called on Government to subsidise the more expensive drugs under its Chronic Disease medication programme. The programme allows for free medication for pensioners with chronic diseases such as diabetes. Noting that under the programme only the cheaper drugs were listed, he said the programme was not freeing up the public pharmacies and the public clinics. It was impractical to ask a pensioner to pay $70 to a  private doctor to get a prescription for drugs worth $30,  he said. Therefore, people were still going to the public sector pharmacies. Rafeeq also accused Imbert of “mamaguying” the population with his promise since six months ago to bring Cuban doctors within a short time. “It is either the minister is mamaguying us or the Cubans are mamaguying him,” Rafeeq stated.

On the UNDP doctors, Rafeeq said the population should know what countries the UNDP doctors were coming from, what medical schools they were trained in, how many years experience they had, could they speak and understand English properly, how would they be supervised and monitored, are they to be paid any stipend and how long they are being employed for. Health Minister Colm Imbert, in piloting the bill, said that it would reduce the period of internship for pharmacists from three years to one year. He said the bill would also formalise a category of persons called pharmaceutical assistants. The bill also increases the penalties for breaches of the act and the regulations. Rafeeq noted that the bill would immediately elevate a number of pharmacists. He said it would allow a number of pharmacists who are currently employed in the public service to become available to the private sector. This, he said, could cause an exodus from the very sector Imbert was trying to help. Rafeeq also called on Imbert to ensure that the flow of herbal products coming into Trinidad and Tobago were being properly regulated. “We have a vulnerable population,” he said, adding that many of the products were making claims that were “outrageous.” He said some products claimed to solve sexual problems while others claimed that they cured diseases like cancer. Rafeeq said the Health Sector, which was “buzzing with activity” under the UNC, was now collapsing.  He cited the ambulance services, which went from 55 working ambulances in 15 centres under the UNC, to six to eight working ambulances under the PNM.

AG: Family court on the way

ATTORNEY GENERAL Glenda Morean on Friday said that the Government subscribes to the view that children are our most valuable resources and stated that the PNM would continue to work towards protecting the nation’s children in every way possible. She made her remark while ad-dressing the closing ceremony of a two-day workshop hosted by the Inter-Ameri-can Commission on Human Rights on “The Inter-American system of human rights and the promotion and protection of the rights of the child,” held at the Hilton Trinidad. The AG noted that as a member of the Organisation of American States (OAS), the country had given its commitment to uphold the principles enshrined in the Charter of the OAS and the American Declara-tion of the “Rights and Duties of Man.” The workshop, which was a collaborative effort between the IACHR and the Government of Trini-dad and Tobago, focussed on several issues including the establishment of a family court in TT, children and violence, children and guns in school, health and family environment, children and HIV/AIDS and children’s education.

On the issue of the establishment of a family court, Morean explained that when the present Govern-ment came into power in 2002, the office of the AG immediately took the initiative to appoint a committee to look into the establishment of a family court. The committee presented a report to Government in July 2002 in which it recommended that a well-resourced Family Court Pilot Programme be established in Port-of-Spain. She said Government agreed to accept the proposal. The AG explained, “The Family Court Pilot Programme will represent a radical departure from the traditional procedures in which family disputes are resolved within the existing legal systems. It is intended that a non-adversarial approach will be adopted when dealing with family issues.”

Court rules for ex-Port workers

THE INDUSTRIAL Court has ruled in favour of seven Port Authority workers who were suspended by their bosses. The dispute was between the Port Authority and the Seamen and Waterfront Workers Trade Union, on behalf of the workers. The workers are Desmond Johnson, Allan Hart, Vishnu Samlal, Anthony Carrington, Keyon Phillips, Arnold Carmichael and Wayne Wiltshire; They were described as “port followers”, meaning they were not permanently employed on a day-to-day basis. The dispute between the parties had its genesis on Novembere, 2000 when, they were requested by the Deputy General Manager, C Mendez to board a vessel to assist in the discharging of cargo. The workers feared for their personnel safety, and did not comply with the request.

Charges were laid against the workers and a decision was taken to suspend the workers for three months without pay. The Court said: “The suspension action against the workers was manifestly unfair” and that the workers’ suspensions must be set aside and expunged from their personnel files. Also, their compensation package must cover the period of suspension and the number of days they would have been employed. Members of the Court comprised Sandra Ramparas, Chairperson; Sam Maharaj and and Paul Lai who delivered the judgment.