A 25-year-old Tunapuna man was killed in a head-on collision involving two cars in the vicinity of WASA, St Joseph, early yesterday.

Reports revealed that around 2.05 am,Vaughn Suchit of Las Lomas was driving a Mitsubishi Lancer car in company with Dion Venus when his vehicle collided with another car driven by Alexis Montani, a Trincity veterinarian. Venus was killed immediately while Suchit and Montani suffered extensive injuries. The body was viewed by a District Medical Officer who ordered the removal of the body to the Forensic Science Centre. The two vehicles were towed to the St Joseph Police Station. Cpl Black of the St Joseph Police Station is investigating.

As far as Trinidad and Tobago is concerned, the jurisdiction of the  International Criminal Court (ICC) is a non-negotiable matter. “It is a matter of principle, and Trinidad and Tobago has no flexibility,” declared Prime Minister Patrick Manning Friday as he restated TT’s position on the ICC.

Reporting to the media before returning home Friday morning, Manning said that to date the Caricom Summit here at the Ritz Carlton Hotel in Montego Bay, raised two major issues that concerned Trinidad and Tobago. On the ICC and the US cut in military aid Manning said discussions on the issue have not yet been completed, which meant that the Caricom heads were still searching for a consensus on the issue. But Manning recalled that it was on the initiative of former president, Arthur NR Robinson, when he was Prime Minister that the initiative was taken, hence largely it was a TT initiative. “For Trinidad and Tobago therefore,” declared Manning, “jurisdiction of the court is not a negotiable matter. We have no intention to sign anything,” he added. Manning said they did not anticipate that this decision on the ICC would have led to any new tensions between the US and TT. He said TT recognises that it is a significant supplier of natural gas to the US and there were symbiotic relations between the two countries that TT would like to preserve. He hoped the relationship will not be disrupted. “We want no fight with anybody,” he added. “The US took a decision to cut off military aid to Trinidad and Tobago, and that’s it. We press on,” he said and hastened to point out his hope that the US move would not lead to any tensions between the two countries.

The idea of the ICC is to create a supra national court that has a jurisdiction to deal with matters of human rights abuse, crimes against humanity and genocide where the national jurisdictions are unable to deal with those matters. The Court has come into some contention because the United States after signing the statute creating the Court announced that it was repudiating the Court and was removing its signature from the Treaty. Since that time the US has sought bilateral agreements with each country in the world, including all Caricom members to have US citizens exempted from the court. It then announced cuts in military aid to several developing countries. Six Caricom countries have been affected by the US military aid cut. They include TT, Barbados, Antigua and Barbuda, Dominica, Belize and St Vincent and the Grenadines. Countries that have signed  the ICC Treaty include St Kitts/Nevis, Suriname and St Lucia, while those that have not yet ratified the Treaty include Jamaica, Grenada, Guyana, Haiti, and the Bahamas. Manning said although he was leaving, the discussions on arriving at a consensus were continuing with the remainder of the TT delegation and other Caricom delegations. Now that Manning has left, Foreign Affairs Minister, Knowlson Gift now heads the TT grouping.

A constitutional mo-tion has been filed against the State by the owners of Pigeon Point challenging the proposed compulsory acquisition of the property “for public purposes” recently initiated by the Tobago House of Assembly (THA). The motion was filed yesterday by property owners Robinson Crusoe Limited (RCL) — a subsidiary of the Ansa McAl Group of Companies, according to a release issued yesterday by RCL.

This is the latest twist in the longstanding impasse between the powerful Ansa McAl Group and the THA over “public access” to the popular beach-front property on which a private members club, Club Pigeon Point, has been established. In an immediate response, THA Chief Secretary Orville London stressed he had no problem with anyone “doing what they think is necessary to protect their interest, in fact, exercising their right to protect their interests by whatever means necessary.” At the same time, London however insisted that the THA, and by extension the State, also has “a responsibility to do whatever is necessary to protect the public interest. One is a right and the other is a responsibility!” he declared.

London told Newsday there will be no retreat by the THA in its quest to acquire the Pigeon Point Estate as the move was all in the public’s interest. With respect to the action taken by RCL, the THA was prepared to respond, therefore a court battle is certainly on. Also commenting on this latest development, Assem-blyman Anthony Arnold, an attorney-at-law, who is assistant secretary in the Office of the Chief Secretary with responsibility for Public Administration and Legal Affairs, told Newsday: “As a citizen of Trinidad and Tobago, if he feels that his consitutional rights are being infringed, he does have recourse to due process of law in the courts.” He, too, conceded that he did not have a problem with the action taken by the property owners.

In the release, RCL claims that the action was being taken “after the rejection of considerable and very generous concessions” offered to the THA by RCL “in order to resolve its four longstanding concerns.” RCL said that after lengthy negotiations between Septem-ber 2002 and April 2003 the four substantive points “were identified and agreed by both parties resulting in an outline agreement published by the THA in the media on April 15, 2003. This was followed by a Draft Memorandum of Under-standing that was expected to be refined into a final implementation agreement,” the release added.

RCL claimed that shortly afterwards the THA “withdrew from the agreement and announced its intentions to pursue a course of compulsory acquisition.” However, it says that to date it has not received any official notice or communication from the State advising of this course of action, but is informed via media reports that “the THA is progressing rapidly with the acquisition process.” In the circumstances, RCL said it is “compelled by duty and responsibility to its shareholders and investors to take the necessary steps within the laws of Trinidad and Tobago to protect and preserve their rights and assets.” RCL however said that despite this recourse to legal action, it remains convinced that negotiation and dialogue is in the best interest of all concerned and “is committed to pursuing this avenue should the central Govern-ment or the THA see this as appropriate.”

The THA Chief Secretary said he was in no position to comment or respond to RCL’s claims as he was not briefed, officially or otherwise, on the contents of the release. He promised to issue a comprehensive statement on this latest development in the contentious Pigeon Point issue today.

AFTER 170 days of public sittings, the Commission of Inquiry into the Piarco Airport development project ended yesterday.

The Commission began public sittings on August 23, last year. The Chairman of the Commission, retired Chief Justice Clinton Bernard, made the announcement in a 10-minute “thank you speech” during the 20-minute sitting at the Caribbean Court of Justice, Port-of-Spain. When the sitting began, lead counsel for the Commission Theodore Guerra SC said he would not be leading any further evidence. Former NIPDEC General Manager Noel Garcia, present to be re-examined by Guerra, was relieved. Also present yesterday were attorneys for NIPDEC Christopher Hamel-Smith and Jonathon Walker. Hamel-Smith noted that the system put in place which allowed him to challenge evidence worked smoothly and fairly for which he thanked the Commission.

In response, Bernard said the kind sentiments were a consolation to the Commission that it had observed all tenets of fairness. Bernard said now that the public sittings have ended, the Commissioners will proceed to consider the evidence and compile their findings and make recommendations to the President, George Maxwell Richards. The deadline for the submission of the report is August 31. Originally the Commission’s deadline was December last year. Pointing out that it had been a “long and arduous exercise,” Bernard thanked all the attorneys who participated in the inquiry as well as the witnesses who gave evidence. Sixty-six persons gave evidence. He also thanked the electronic and print media for doing the country “great service” in its “very good reporting,” notwithstanding the “occasional and seldom” times he had to criticise certain stories.

The Commission’s staff and the parliamentary reporters who prepared transcripts for the Commission also came in for high praise, as did the police. Bernard said the Inquiry had been a pleasant experience for the Commissioners, who encountered “some storms, but the storms were imperfect, they did not last for long.” Bernard further noted that such situations which occurred at the Inquiry when persons lost their cool were all part of the process. He said some persons who appeared were his friends, and although some were bitter, “rightly or wrongly,” he knew they were still friends and in due course “we will be teasing each other.” The other Commissioners are Marie Ange Knights, Victor Hart, Keith Sirju and Peter Bynoe. Bynoe fell ill in late May and has not attended the sittings since that time. Other attorneys for the Commission were Margaret Rose and Clive and Justin Phelps.

THERE are implications arising out of last Wednesday’s sitting of the Commission of Inquiry into the Piarco airport development project which go far beyond the Inquiry.

That is the view of the Council of the Law Association, which has written President George Maxwell Richards. The letter was copied to both Prime Minister Patrick Manning and Attorney General Glenda Morean-Phillips. Honorary Secretary of the Council, Hendrickson Seunath SC,  told Newsday the contents of the letter were confidential. He did not wish to say if the letter merely expressed concern or called for the Inquiry to end. Told that the Inquiry ended yesterday as was expected, Seunath said the Council hoped that whatever the Commissioners did and whatever report produced would be of some assistance to the country. He however emphasised that the Council has not been pleased with the way the Inquiry was being conducted. The Inquiry ended yesterday.

A release from the Council said members at their emergency meeting on Thursday “gave full and mature considerations” to what occurred at the Inquiry on Tuesday and Wednesday last week. Members also viewed a videotape of the proceedings. The Council said it was “gravely concerned about a number of matters relating to what it saw and heard.”  The specific matters related to the attack on the Director of Public Prosecutions, the late Justice Richard Crane, the impact on the Judiciary and the Caribbean Court of Justice, as well as the impact on the Inquiry itself. The Council said it did not write the Commission to express its views because it did not intend to be engaged in any “unpleasant and unseemly debate with the Commission.” At the sittings on Wednesday, Chairman of the Inquiry Clinton Bernard alleged that former Justice Crane was a drunkard. He also criticised DPP Geoffrey Henderson.

Just half of one percent of complaints against police officers made by the public last year were investigated, revealed the Police Complaints Authority (PCA) Sixth Annual Report (2001 to 2002) laid in the House of Representatives yesterday.

PCA chairman, Justice Jim Davis, bemoaned, “The question is ‘How do we get out of this morass?’” He said the PCA, which is supposedly independent under the national Constitution, was being “strangled” by the inability of the Police Service’s Complaints Division to investigate forwarded complaints. Davis stated: “In the Authority’s three previous reports the most critical concern expressed was the inability of the Complaints Division to investigate and report on complaints expeditiously. The statistics of this reporting year reflect an unacceptable situation that has literally strangled the operations of the Authority…”

The Report revealed that as against 2,103 complaints received in 2001- 2002, the Complaints Division had investigated and reported on just 112 complaints. Justice Davis said: “The large number of outstanding complaints (from all years), 2,726, indicates how endemic the problem of tardy investigation/resolution of matters has become. “Even more telling is the number of complainants who continue to actively pursue their complaints and therefore visit the office frequently seeking some form of relief. There were 900 such visits for the year under review. Hamstrung by legislation, the Authority feels frustrated at times.” He concluded: “The answer lies in amendment to the existing legislation to permit the Authority not merely to receive complaints and monitor/ensure that investigations are conducted thoroughly and impartially, but to investigate all complaints thoroughly and independently.”

Caroni workers lost their legal battle yesterday to force the company to pay them arrears amounting to $235 million which belonged to their pension plan.

Justice Humphery Stollmeyer refused to continue an injunction the workers had obtained restraining Caroni (1975) Limited from disposing its assets in any way. Employees Eric Roberts and Edul Mohammed had obtained the injunction on behalf of  “the Caroni (1975) Limited Daily Paid Employees’ Contributory Pension Plan.” By a writ filed on February 17 of this year, the workers sought a declaration that Caroni (1975) Limited had breached its agreement to pay the trustees of the pension plan monies deducted from the workers’ wages as contributions to the pension plan particularly since December 2000, and that arrears now totalled a sum of $235 million.

The pension plan was established after negotiations between the All Trinidad Sugar and General Workers’ Trade Union and Caroni (1975) Limited. Roberts and Mohammed also sought verification of all contributions to the Pension Plan, and an order that Caroni (1975) Limited pay up all arrears. Justice Stollmeyer determined that there was nothing to demonstrate that the trustees had breached their duties in terms of the pension plan and its rules. He also ruled that Roberts and Mohammed were not proper parties to the action. Stollmeyer also ordered that there be an enquiry into any damages suffered by Caroni (1975) Limited as a consequence of the injunction granted in 2002 and that they pay the costs of Caroni’s actions, including the costs of the summons on February 17, 2003. Seenath Jairam SC, Gillian Lucky and Derek Ali represented the workers while Caroni (1975) Limited was represented by Alan Alexander SC, Reginald Armour and Kerwyn Garcia.

The High Court yesterday granted an order against the Teaching Service Commission (TSC) directing it to stay all disciplinary hearings against nine teachers of the Arima Senior Comprehensive School (ASC) until a judicial review proceeding is heard and determined.

The teachers were suspended by the TSC last December. Justice Mark Mohammed, sitting in the Fifth Civil Court, Port-of-Spain, gave the TT Unified Teachers’ Association (TTUTA) and the teachers leave to seek judicial review, challenging the decision of TSC to lay disciplinary charges against the teachers. The Court also granted the teachers leave to challenge the failure of the TSC to act on numerous complaints against principal of ASC, Cheryl-Ann Wilkin-son. The teachers are alleging that the Commission was biased against them and acted unfairly and in bad faith. Speaking to the media outside the High Court yesterday, TTUTA President Trevor Oliver said the decision of the Court gives both parties a chance to “sit and talk.” He hoped that the matter could move forward with dialogue.

Two of the suspended teachers are union representatives and Oliver expressed concern that their absence would leave a void. “We want the suspension lifted so this can be resolved. It is not a question of nine teachers, but overwhelming support of staff shows if you don’t deal justly with nine teachers, you won’t have normalcy.” Attorney for the teachers, Anand Ramlogan, said the nine teachers had collectively 250 years’ teaching experience and continued suspension prejudiced their careers. The TSC had recommended arbitration to solve the problems between the teachers and the principal, but Ramlogan said the TSC “back peddled” and time had been wasted. He reminded that despite serving with distinction, eight armed police officers were sent to deliver the letters of suspension to “law-abiding citizens.”

THE Education Ministry has been accused of “cooking” the Secondary Entrance Assessment (SEA) examination results to favour children of PNM supporters.

Former Education Minister in the UNC government, Kamla Persad-Bissessar, levelled the charge during a mobilisation meeting in support of the Opposition party’s Local Government candidates for Siparia and Penal/Debe last Thursday at Unity Court, Fyzabad. Addressing a medium-sized crowd, Persad-Bissessar, in congratulating the over 20,000 pupils who wrote the SEA exams, said her office had been bombarded with calls from anxious parents who indicated that while their children had all been placed in secondary schools, the majority had ended up in Junior Secondary schools. “Many UNC supporters’ children have ended up in Junior Secondary schools, and you know why, because the Ministry of Education deliberately cooked the results to give their PNM friends’ children places in the best schools,” Persad-Bissessar thundered.” “But we will not let that rest there,” she said, as she called on aggrieved parents to contact the Opposition Leader’s Port-of-Spain offices to lodge an official complaint. “Collect your children’s performance reports then use the hot line so that we can take up this issue,” she said.