Bajan loses appeal —15-year jail term stands

A Barbadian who claimed incompetence of counsel at his trial,  lost his appeal yesterday and had a 15-year sentence with hard labour for trafficking in cocaine  affirmed.

The court, led by Chief Justice Sat Sharma, also held that there was no merit in Mark Durham’s  allegation that his  attorney Leon Gokool handled his trial incompetently. Gokool, in testimony before the Court of Appeal, revealed that Durham had implicated Prime Minister of Antigua Lester Bird in a drug scandal. Gokool said Durham  told him that PM Bird had paid him US$150,000 to take the wrap for the PM’s brother on a drug charge, and that the Antiguan police were looking for him. Gokool explained that it was only during the trial he was surprised to find out that  Durham was actually convicted by an Antiguan magistrate on May 15, 1998 for importing cocaine, and with intent to sell.

Gokool made the disclosure as he reassured the court  that he had taken instructions from Durham and had  made “copious notes” while taking instructions, but that those notes were destroyed in a fire at his house. He explained that the trial was his first case in the Assizes and he had done it free for Durham. Durham was represented by Gilbert Peterson while Trevor Ward was for the DPP. Durham was asking the court which included CJ Sharma, Justices Anthony Lucky and Wendell Kangaloo, to quash his conviction. His reasons were that he did not get a fair trial and that his attorney Gokool, failed to follow his instructions during the trial to have two documents, the Police Station Diary and the warrant of his arresting tendered into evidence.

Prior to the trial, Durham alleged that he did not give Gokool any instructions, but did give Theodore Guerra SC. Guerra, the court heard,  announced that he was not doing the case. Durham said that Guerra was his attorney,  but during a visit at the court’s holding cell with Guerra and attorneys Margaret Rose, Merritt and Gokool, Guerra withdrew from the case. After the attorneys departed with the exception of Gokool, Durham and Gokool had a conversation. Following several questions to Durham by the court, the CJ observed that Durham was no stranger to the courts and that he was aware of the procedures. Durham was arrested on June 24, 1998, at River Road, El Socorro Extension, San Juan, with four kilogrammes of cocaine. He was charged, convicted and sentenced to 15 years hard labour.

SATT lobbies for lower food prices

THE SUPERMARKET Association of TT (SATT) yesterday pledged its commitment to the delivery of quality goods at affordable prices, and is lobbying the government to review duties on certain basic items.

This call was made by SATT President Heeranand Maharaj at a press conference at the Hilton Trinidad. At present, there is a 25 percent duty on flour and 40 percent duty on oil, Maharaj said, although “exporters were able to bring in and sell high quality brands cheaper than those produced locally, which are exempt from these duties”. In an April 14 letter to Trade Minister Ken Valley, CEO of the Arima Discount Mart and former SATT President Balliram Maharaj asked that government “remove or reduce the duties which vary from five to one hundred and twenty five percent on flour, oils, meats, macaroni, cheese and split peas effective immediately”.

Maharaj asked Valley to remove the 25 percent duty on flour immediately, thus allowing importers to sell it to consumers for less than the existing price and to consider removing these duties on all basic food items. In correspondence forwarded to Valley by SATT on April 30, Heeranand Maharaj expressed concern that “the percentage increase on these products (flour, vegetable oils, milk powder, chicken) without any reasonable explanations to the consuming population is a cause for concern”. He claimed the existing situation did not allow for any input by SATT in determining the final price structure, and recommended that the 15 percent duty on meats be removed as Trinidad and Tobago could not produce enough to satisfy the demand.

Additionally, he asked that all peas and beans be exempt from duty, and that the 91 percent surcharge on poultry, turkey and chicken parts be reduced. At yesterday’s conference, he stated: “While we feel that we have to support the local industry, we feel that the product quality has been to some extent, compromised because of the absence of competition.” However, some imported items have a high grade and are able to compete with locally manufactured products, claimed Maharaj. He said theirs was a “highly competitive industry” and local consumers enjoyed the lowest food prices in the Caribbean. SATT would like Valley to consider removing or reducing taxes on beef, goat, cheese, flour, oil, macaroni, milk (UHT), cereals, canned vegetables, canned peas, rice (out of Guyana) and chicken.

Cheaper flour from Monday

Flour prices are due to drop on Monday, National Flour Mills (NFM) announced yesterday.

Corporate communications manager Donna Cox did not give a breakdown of reductions but she said there will be different price reductions for the different grades sold by NFM. The company increased prices by 22 percent in January as a result of rising prices on the international market. The move was criticised by the Supermarkets Association which queried the size of the increase. At the time NFM chief executive Michael Potella said the company would lower prices when international prices went back down. Cox said yesterday while international prices have gone down, they have not returned to the levels in September when prices began to rise steadily. Customers were informed by letter yesterday.

Borrowing countries get more say in IMF

BORROWING countries are better off in their dealing with multilateral agencies, Central Bank Governor Ewart Williams said Wednesday night. The Governor was speaking at the Clifford Sealy Memorial Series at the Simon Bolivar Auditorium.

He said, though, that the outlook is dimmer in some ways because of drop in international aid from developed countries and, in the downturn in the global economy. Focusing mainly on the International Monetary Fund (IMF), where he worked as deputy director, Williams said borrowing countries have more say in how the Fund’s programmes are implemented. Williams was also advisor to then Central Bank Governor William Demas in the late 1980s when this country was preparing to enter into an IMF programme. The move towards reform began after the crises in Mexico and Asia in the late 1990s. Williams    said critics of the IMF and World Bank pointed to those crises as failures. “The Asian crisis undermined the mystique and self confidence of the IMF and World Bank because even they began to second guess themselves,” he said.

In response, he said, the IMF said while its model was sound, it had made some mistakes. Those included insufficient understanding of the international capital market, not enough poverty alleviation programmes and excessive focus on fiscal policy and not enough on the financial system. The Fund has also moved towards more transparency. Williams said the move to bring insurance companies and pension funds under the Central Bank is part of the new thinking that looks closely at maintaining the strength of the financial system. He added that with more say in IMF programmes, borrower countries also share more of the responsibility.  “You can no longer justify unpopular measures by saying the IMF forced you to do it,” he said.

There is now a move to give borrowing countries more say within the IMF. That is part of a broader movement which includes debt forgiveness. Some issues still have to be resolved, though. Williams said while the Fund is more transparent, that could impact on sovereignty issues. He said if the IMF mandates that a borrower country seek consensus from all stakeholders, that could go against the country’s right to handle its own affairs. Williams also said there was a question as to whether sensitive issues like privatisation plans should be included in publicly accessible IMF documents.

British Gas on mission to make science fun

BRITISH GAS, in collaboration with the Ministries of Education and Energy Industries, is on a mission to make science education more fun and interactive.

They have embarked on a programme which will allow primary and secondary school students a more hands-on approach to learning science, British Gas President Peter Dranfield announced on Wednesday. The programme involves two buses outfitted with scientific equipment and gadgets which will be going around to schools. Education Minister Hazel Manning said the Ministry wanted to generate increased activities and programmes to stimulate students. She said teachers would be trained to better understand and deal with these activities, so that they can incorporate the exercises into their daily classes.

Manning added that there was an added need to make education fun and expressed the hope that this would lead to a decrease in violence and indiscipline in schools. She said the Education Ministry recently took a proposal to Cabinet to change the current curriculum, and it had been “well received”. However, she did not offer details of the proposals put forward by her Ministry. Energy Minister Eric Williams , said another component of the programme,  the interactive website EnergyAlive.com combined two ingredients that were important to him — energy and education of the people. He commended British Gas for their vision in supporting a project which allowed students and the general public to learn about the energy industry.

AG: Caribbean Court by Nov…if Opposition agrees

By November our highest court of appeal will no longer be the British Privy Council but the new Caribbean Court of Justice (CCJ), disclosed Attorney General Glenda Morean-Phillip.

She was addressing a media conference at her office yesterday after the first meeting of the task force formed to organise the court’s inauguration. Eight task force members were also present, including ACP (Special Branch) Frank Diaz. Saying that the agreement to establish the court had been signed by the former UNC government in 2001 and ratified by the current Government in 2002, she effused: “We are now in the home stretch of establishing the court.” Morean-Phillip said the court would not only be regional countries’ highest appellate court, but would also be an international court to adjudicate on issues on the treaty which establishes Caricom. 

A booklet issued to reporters stated: “The Caribbean Court of Justice will be called on to apply and interpret the Treaty of Chaguaramas as revised to create the Caribbean Single Market and Economy.” Morean explained that to give effect to this treaty locally, our Parliament had to pass enabling legislation. She said: “We are in the process of having that drafted. It should be brought to Parliament in the next two or three months.” Later she was asked whether she expected she would require Opposition support for such a bill. Morean-Philip replied: “If – and we expect we will do that –  it contains provisions for the court to be the last or appellate court, then we would need a special majority, which would mean that the cooperation of the Opposition would be necessary. This is part of their own process, a process that was actually continued during their term. I don’t think this would be an apt case to say ‘constitutional reform’ before the court is established. So we would look forward to their cooperation in this effort.”

Task Force co-ordinator, Sheldon McDonald, a Jamaican attorney based at Caricom headquarters in Guyana, interjected that by May the 11-member regional judicial services commission would be established and would start recruiting judges and by November there would be a functioning court. How momentous an event would the establishment of a Caribbean top appellate court be? Morean-Phillip replied: “That’s the moment of the century. That should be our final act towards full sovereignty.” McDonald added: “I can think of no other event outside of the founding of the Caribbean Community itself which will be as epoch-making. It will be the first court which will be a municipal tribunal of last resort for probably 10 or 12 sovereign states as well as being an international judicial tribunal charged with interpretation and application of a regional economic integration regime.”

Business as usual

INSTEAD of being sharply focused on the weaknesses and dubious decisions of the Government, the UNC Opposition seems to be flapping about like a headless chicken. The party has apparently lost whatever cohesion it once had and its parliamentarians now present the picture of a string of loose cannons shooting off in different directions. The evidence seems clear that the UNC has yet to recover from the trauma of losing the elections last October and is still reeling from the failure to deal with its urgent leadership problem and to reform and refresh itself to meet the challenges of the future. As in every organisation, the time and the opportunity had come for change — even the old leadership had recognised and accepted the necessity. But the UNC has failed that test of courage, it has settled for its beaten image, and the consequences of that are now painfully obvious; the party has lapsed into greater disarray and the erstwhile capriciousness still rules.

Instead of fulfilling his post-election promise to dismount, Mr Panday has characteristically changed his mind and is back fully in the saddle. What UNC members believe he can still offer the party or the country is not clear, but such is their state of dependency that no one seems prepared to challenge the leader or remind him that, yes, it was time for him to go. Mr Panday, no longer seeking his long-professed goal of national unity or a ruling coalition partnership, has now espoused the cause of an “alternative government” which, he says, would be established to see to the needs of a marginalised section of the national community. We can only presume that this gambit will have the same result as Mr Panday’s call for a campaign of civil disobedience; so the less we should say about it, the better. How constitutionally averse the party is to changing its image can also be seen in the continuous ranting against three of its former ministers, Maharaj, Sudama and Maraj, rather than accept the now well-established fact that its fall from power was caused by the pervasive corruption within its ranks.

Now we come to the sad spectacle of UNC senators not being prepared to debate the motion of no confidence in President Baboolal moved by one of their most vociferous members, Robin Montano. As Independent Senator Eastlyn McKenzie pointed out, the Commonwealth practice is to have a censure motion against a presiding officer dealt with as expeditiously as possible. Senator Mark, who is yet to back up his charge of electronic spying against the government, compounded the delinquency when he declared there was a “dangerous expose” to come about the President. Can Senator Mark make such serious innuendoes about the Senate President, abusing the privilege of Parliament, and get away with it? In the interest of the country, the UNC must realise the grave responsibility it bears in fulfilling its function as the Opposition party. The society as a whole must be more than weary of the old modus operandi of making wild and unfounded charges, issuing foolish threats, calling for disruptive campaigns, all with the hope of impressing gullible followers. The irrelevance of all that is agonising when compared to the vital issues that affect the country, issues requiring an insightful contribution from the Opposition. What, for example, is the UNC’s view of the dubious CEPEP initiative or the determination of Prime Minister Manning to shift the seat of parliament so he can have the Red House all to himself or to his addition of another member to his already over-loaded Cabinet? Sadly, Mr Panday’s style still overshadows the UNC and the hope for a progressive change in the party’s image has faded into oblivion. It’s UNC business as usual.

Raping the Northern Range


When I wrote the following piece in May,1979, I thought someone might take notice of what was happening to the Northern Range. I hoped the word “rape” might alert others to the dangers of bush fires. But it didn’t, so, 24 years later, I’ll try again when that word applies not just to the Lady Young that gave the piece its headline, but to the whole Southern Face of the Northern Range from Chaguara-mas to Arima.

Here is what I wrote then about the Rape of the Northern Range. “Ever since Independence, and even more- so since Trinidad and Tobago became a Republic, there has been a move to abolish the old colonial names. Times change yet many of the old names linger to haunt us with memories of Hanoverian kings and queens in Frederick, George and Charlotte Streets (but, no longer, Brunswick Square). Kitchener, Baden-Powell and French are relics of the Boer War and the old West India Regiment fighting in the First World War. The Churchill Roosevelt and Princess Margaret (2003 now Uriah Butler) Highways are reminders of a more recent past.

Nelson had some connection with the West Indies. Lord Harris’ painted statue in his square is (2003 was — courtesy a demented vagrant) a memorial to a long-dead colonial governor — and we have kept the name Columbus gave this island five hundred years ago. However, were I the ghost of Lady Young I’d be the first to congratulate Trinidad on changing the name of the road that bears my name. Why? Perhaps you’ve not travelled that desolate strip of road in the past few weeks? Garbage trucks, trucks hauling logs, sweet drink trucks, trucks carrying sand and gravel and every old crock around Port-of-Spain slow traffic to a crawl on that road.

Eight or ten weeks ago motorists admired the view as they ground up or down the hill in low gear. At various twists and turns on the road there was the panorama of the city, ships in the Gulf, the Five islands, Gasparee, and, on a clear day, Venezuela in the far distance. In the foreground were the glory of the pouis in full bloom, the fresh green leaves on trees and shrubs; grass-grown verges hid the roadside litter. It was devastatingly beautiful (it was, indeed, in 1979 before the blight of squatters’ shacks ruined that scenic route); any Lady would be proud to give her name to such a road.

Today the view is devastatingly drear (but nowhere near as drear as it is in 2003). Weeks of hot, dry weather have given firebugs the chance they were waiting for through the unseasonal rains of March (1979, remember). Scorched fronds of gro-gro boeuf droop in mourning over bare, cremated earth, burned black tree stumps stand out like headstones in a desert cemetery, the high, dry winds scatter the fast-food boxes, napkins, plates and cups. To drive from the first hair-pin bend above the Hilton to the Morvant walk over is to see the abomination of desolation (I wasn’t to know, then, how much worse it could get, it would be in 2003).

Day after endless, hot, dry, windy day the smoke rises from fires set by those intent on destruction for its own sake. The stink of woodsmoke chokes the lungs, ash and dust whirl in wind-eddies. Soon the rains will carry off the soil, sweeping away the shreds of  flesh from the hills, leaving bare skeletons of rock and scree, and dumping tons of silt and debris in city flood-drains far below. To lift one’s eyes to the hills to west and east beyond the Lady Young Road is to see the same holocaust and threatened flood disasters repeated on every mountainside. From Cocorite and Diego Martin to Mount Saint Benedict and beyond, not one mountainside has escaped the wilful, deliberate rape of our land.

Rape is not too strong a word to use for wantonly set, deliberately destructive bush fires. And rape has been very much in the news this past week. So much so that the Attorney General rushed through new legislation on rape — just as last year new laws were rushed through to revive the fire wardens who were going to stop the rape of the land. In our lifetime this land can never fully recover from the ruthless rape of bush fires, just as no woman or girl can entirely forget the horror of violation that can leave permanent scars on both herself and family.

There is a song composed in Britain (but never heard on the air waves in Trinidad) on the theme of violation — the violation of the land and the fury of indignation we all should feel and express towards the fiends who set bush fires. It begins like this: “If they did to our daughters what they’re doing to our land . . .” Here they are doing it to our daughters and our land at one and the same time. How much protection will the laws passed last week give to our daughters when we can see for ourselves what happened to last year’s laws on bush fires and the state of our land today?” No, I’m sorry, I can’t remember the spate of rapes that prompted the 1979 laws. Perhaps a reader can remind me? And we can see, now, that, laws or not laws, fire wardens failed to quench the flames eating up the land and our water resources so that in 2003 the rape is repeated, sure as dry seasons follow wet seasons. In every dry season the rape continues, year after year; for a quarter century there has been, there is gang rape of the Northern Range with fire, with logging, with development and squatter settlements. And the politicians still say we don’t need, can’t afford to lease water bombers to halt the rape of our own country?

Genes cause differences

THE EDITOR: Mr Arthur Lok Jack in a report under the headline “Lok Jack talks Black Power”, in an effort to win friends and create enemies within the  society, lamented that 45 percent of people representing the Afro society were not nearly involved in business as they should be.

He went on further to say that neither the Indians nor the Chinese nor the Afro themselves are concerned. Mr Lok Jack should be aware of the historical background of the Chinese, Indians and the Afro Trinidadians, their experiences as slaves and indentured labourers to discover that in their new environment they had developed their skills. If he is interested enough he should examine our skilled labour to discover that the Indians, Chinese and certainly not the Lebanese are not among the 80 percent of our skilled labour involved in the building industries and energy sector. The Indians came out of the indentured system and still trade by the use of the hoe and cutlass and neither the Chinese, the Afro the white nor the Indians themselves seemed concerned.

They are family oriented and created employment within the family to keep them employed and together. They are graduated shop keepers who, by dint of hard work and sacrifice became businessmen as indeed the Chinese. The Lebanese should not be envied for their entrepreneurship. Their years as street vendors were long, hard and painful. They stand above all and are exemplars. Prime Minister Manning would have us believe that the CEPEP programme was to give independence and growth for the traditionally disposed element in our society and that it is to “the sons and daughters of the slaves and indentured labourers – children of the Quashies and the Rams!! The fact that there are more Quashies than Rams in the programme should have us question his motives.

The VTEP to be paid to the Caroni workers is of concern to the government. Danny Montano thinks that the monies can be better spent in training the youth when he targetted these youth in the East West Corridor and the Morvant areas. Mr Lock Jack should realise it is the genes that have caused the differences in attitude in the skills of our people. This can explain why Indians and Chinese are not seen on the football fields and that Indians are more often than not on the cricket field. They are never boxers and after Ahamad Charles and Ramjohn who next? Don’t ask me to listen to Ricky Jai when Sparrow is on the air. Lok Jack like the former Colonial master may set about a process of divide.


PAUL V RAMROOP
Curepe

TT too small to decentralise

THE EDITOR: Re Constitutional Flaw

Many people highlight the first-past-the-post system as the key flaw of Trinidad and Tobago’s Constitution, but I would like to point out an even more fundamental problem with the document. The Second Schedule on section 72 says.

“2. Subject to paragraph 3, the electorate shall, so far as is practicable be equal in all constituencies. 3. The number of constituencies in Tobago shall not be less than two.” Compare this with the Commandment in George Orwell’s Animal Farm: “All animals are equal, but some animals are more equal than others.”

The effect of the provision in the Constitution is the same as the Commandment laid down in Animal Farm — that a Tobagonian’s vote carries more weight than the average Trinidadian’s vote. If, for example, there are only two people living in Tobago, then each person would effectively have a 5.5 percent say in who governs the Republic whereas each Trinidadian would have a much smaller percentage say in the outcome. Presumably, the provision was meant to give special consideration for the physical separation of the island Tobago, but surely it is far too clumsy a measure. Tobago already has separate Governance arrangements. Perhaps what is needed, given our propensity to discriminate against the less fortunate, is a guarantee of a certain percentage of State expenditure per Constituency on a per capita basis. It must also be said that Trinidad and Tobago is too small to decentralise to a large degree.  The allocations can be managed centrally with the right systems to prevent misappropriation.


RISHI-NIRVAN BALROOP
Diego Martin