OPPOSITION UNC members who described the Kidnapping Bill as “disastrous” and filled with loopholes to protect kidnappers rather than victims of kidnapping, were yesterday sternly warned not to speak of the Caroni issue when debate began on the Bill in the House of Representatives.

The Bill was presented for debate by Attorney General Glenda Morean, instead of National Security Minister Howard Chin Lee. Morean in outlining the purpose of the Bill clause by clause, said while the Bill imposed on persons  enshrined constitutional rights, it was necessary in the interest of kidnapped victims and to impose order in society. In light of the Opposition’s stated “non support” of the Bill, which requires a special majority to become law, Morean called for all reasonable persons who were about the interest of people and maintaining law and order, to support it.

Opposition’s Chief Whip, Ganga Singh, in his short contribution reiterated the UNC’s stance. Telling Morean she did not have a “grasp of the issue”, Singh said he and his colleagues would withhold support until there was a detailed and documented plan for the restructuring of Caroni (1975) Ltd. He was immediately warned by the Speaker Barry Sinanan, to stick to the Bill. Sinanan sternly warned members that they were not to bring up the Caroni matter unless it related to the Bill.

Singh said he was merely explaining the UNC’s position. He insisted the party would only support the legislation after a comprehensive Caroni plan was put forward and after a proper Kidnapping Bill was presented. MP for Pointe-a-Pierre Gillian Lucky in her contribution, was severely critical of the Bill. She felt an explanation was owed as to why Chin Lee did not present the Bill, especially since he was responsible for National Security and had been urging citizens to be “calm” in the face of increasing crime and kidnappings. Lucky, a former State prosecutor, described the Bill as “disastrous and could never be justifiable”. She said Prime Minister Patrick Manning had accused the UNC of being in some way behind some of the kidnappings, describing the situation as part of a “political agenda” and felt he could fool the population every time his government was ineffective.

Lucky said it was “sheer nonsense for you to pretend you’re protecting citizens when you are only convoluting the offence”. She said because the Bill didn’t separate the charges of kidnapping and false imprisonment there would be stumbling blocks and hiccups, which could result in police not knowing what charges to lay which would frustrate victims and see kidnappers walking because of loopholes. Lucky accused government of not “really”consulting with the Director of Public Prosecutions and the Law Association. She also took issue with Clause Six of the Bill which proposes 25 years jail for those negotiating or assisting in negotiations to obtain ransom for the release of a kidnap victim. Lucky said government didn’t want to understand the implications of the clause, since relatives of victims get involved in the negotiation process. She advised government to get off the propaganda and deal with the “meat” of the issue rather than fool the public.

During Morean’s presentation, UNC MP for Siparia, Kamla Persad-Bissessar asked for clarification  on how the law would deal with family members getting involved. The AG promised an answer but later said it would be given during the Committee stage of the debate. Among the measures proposed in the Bill are 25 years and no bail for kidnappers; 15 years jail for those making demands by menace; 15 years jail for receiving, possession or disposing of money/property delivered as ransom and five years jail for disclosing information to kidnappers relating to bank accounts and other personal information of a kidnap victim.

PRIME MINISTER Patrick Manning yesterday remained silent on a global alert issued by the Federal Bureau of Investigations (FBI) on a suspected Al qaeda operative, but warned the Opposition United National Congress (UNC) against using ongoing military action in Iraq to spread rumours of terrorist activity in Trinidad and Tobago.

Speaking with reporters at the Cascadia Hotel and Conference Center, the Prime Minister was mum on an FBI worldwide terror alert for Saudi national, Adnan G El Shukrijumah who is reported to have a Trinidad and Tobago passport.  Noting reports on the matter yesterday, Man-ning said: “There is a Minister of National Security, you have the police authorities and all of that. Certain things are drawn to my attention, but I have correspondence I have not seen since yesterday.

The Court of Appeal in majority landmark judgement delivered yesterday by Chief Justice Sat Sharma,  settled a controversy among judges, when it ruled that exemplary or punitive damages could be awarded in constitutional matters. The Court also said that the sums initially  paid out by the State for punitive damages could be recovered from the offending police officer or State official. On a second ground of appeal, the Court also awarded costs for both senior and junior attorneys. 

In the past, some judges had refused to award punitive damages on the ground that in constitutional matters it is just not allowed. Siewchand Ramanoop had asked the lower court in addition to compensatory damages for punitive damages after the State conceded that  PC Rahim had illegally detained and beat him. The court agreed to compensatory damages but refused to award punitive damages. Ramanoop, through his attorneys Dr Fenton Ramsahoye SC and Anand Ramlogan took the matter to the Court of Appeal. Arguments before the Court  were heard by CJ Sharma, Justice Margot Warner and Justice Wendell Kangaloo. Justice Warner dissented.

Sharma in his judgement observed that the notion that somehow exemplary damages is on its way to obsolescence, is not one with which he is prepared to accept in view of the Commonwealth authorities and the judgement of the law lords in the case of Kuddus. He said, In point of fact, it is perhaps more imperative and relevant now than ever, where the Executive seeks to acquire and to exercise wide powers, which are sometimes carried out by high handed officials who act in its name. “These powers must be realistically checked. It is the judiciary’s function to do so; it must take the necessary measures to use effectively and appropriately remedies at its disposal… The greatest irony in all of this is that the Common law itself is undergoing drastic changes and the willingness of the courts in the old Commonwealth not to follow strict boundaries…” He said the undisputed fact in this case shows that the PC Rahim‘s behaviour was “reprehensible and despicable. He showed a callous and shameful disregard for the fundamental rights of the appellant and stripped him of his human dignity. His duty was to protect and serve. Yet he did the exact opposite.”

In the 18-page judgement, the Court said” “It is true that exemplary damages as an award in anomalous, for it goes beyond compensation of injury and vindication of rights. The argument against any award of this nature is based on several grounds. Firstly they exact punishment without the protection which the Criminal Law affords; Secondly, they can lead to multiple sanctions; then there is the argument the aggrieved litigant will receive a windfall. Thirdly, that they should not be awarded when the actual wrongdoer is not before the court and finally the damages are difficult to assess. “On the other hand, they may provide incentive for persons wronged by action of officials to take private action to enforce the Constitution then and in this way may be effective in deterring as well as punishing official misconduct. The question of double punishment , which is one of the main objections against an award of exemplary damages, simply does not arise in this case. The Executive (police officer) will bear the burden of having to pay the sum awarded. The policeman will not. He may be subjected to an internal enquiry and or face criminal charges.

There is strictly speaking no doubt punishment here. In fact at the conclusion of the hearing of this appeal, we  were told by Counsel, that the policeman  was not on any disciplinary charges, nor was he criminally charged although this incident took place in November 2000. The doctrine of Sovereign Immunity does not apply in this jurisdiction.

Two teenagers were yesterday committed to stand trial for the murder of a Sea Lots man by Chief Magistrate Sherman Mc Nicolls in the Port-of-Spain Eighth Magistrates’ Court.

Ricardo Lett, 19, and a 14-year-old relative were charged with the murder of Douglas Alexander, a labourer, at Production Avenue, Sea Lots, on July 30, 2002. Alexander reportedly died as a result of a chop wound by a cutlass to his head. The charges were laid by Sgt Creichton Hudson of the Besson Street CID. Magistrate Mc Nicolls’ decision followed the closing submissions of both the defence and prosecution. The accused were represented by attorney Aden Stroude. Nizam Khan of the Director of Public Prosecution (DPP) represented the State.

Mc Nicolls overruled the defence’s no case submission stating that he was satisfied that a prima facie case had been made against the accused in the matter. He then asked if either of the teenagers would like to give any evidence in their defence upon which they chose to remain silent. They were then advised to submit in writing any names they may wish to call on their behalf to the DPP within ten days. The magistrate then remanded the two teens in custody to stand trial at the next sitting of the Assizes. The 14-year-old was remanded to the Youth Training Centre.

The three male students charged with  wounding  a Maraval man were yesterday committed to stand trial at the Port-of-Spain Assizes by Magistrate Melvin Daniel in the Port-of-Spain Fourth Magistrates’ Court.

Johann Marrin of Greenhill Village, Diego Martin, Christopher Downs of Dixon Avenue, Diego Martin, and Seamus Borde, of Stratford Court, Westmoorings, were charged with causing grievous bodily harm with intent to 26-year-old Jeremy Johnston. Johnston was allegedly beaten with pieces of wood outside of  Pier 1, Chaguaramas, on New Years Day, last year. He reportedly lost his right eye as a result of the incident. The three accused were arrested and charged following investigations by PC Premchand Seepersad of the Carenage CID.
Both Marrin and Downs study at universities in the United States, whilst Borde attends a tertiary-level business school in St. Augustine.

Magistrate Daniel’s decision followed the closing submissions of both the defence and prosecution. Theodore Guerra SC appeared on behalf of Marrin, attorney Gilbert Peterson represented Downs and Borde was represented by Vernon De Lima. Israel Khan SC, was granted special permission by the Director of Public Prosecution (DPP) to prosecute on behalf of Johnston in the matter. De Lima was the only attorney to make a closing submission in the matter. He told the magistrate a case had not been made against his client and Borde should be discharged. However, Khan responded that Borde was just as responsible as the other two accused. He submitted that the incident was a joint enterprise and a prima facie case had been made out against all the accused.

Magistrate Daniel stated that after reviewing all of the evidence, he believed that a case had been made out against the defendants. He then asked the accused if they would like to give further evidence in their defence but they chose to remain silent based on the advice of their attorneys. They were also advised to submit in writing any names they may wish to call on their behalf to the DPP within ten days. Marrin and Downs remained silent. De Lima stated that Borde will not rely on an alibi but on self-defence.

The defendants initially remained silent, then began whispering amongst themselves. The magistrate then granted the students bail with a surety of $60,000 each which were taken by their fathers. He also gave the accused permission to continue their studies and ordered that the addresses of their schools be provided to the court. As Marrin, Downs, and Borde attempted to walk out of the courtroom, they were recalled by police officers to wait in the prison docks whilst their bails were being taken. This was the first time the accused showed any signs of fear as they walked towards the docks. They were committed to stand trial at the next sitting of the Assizes.

HALFWAY homes are expected to be introduced by the middle of this year to help the reduction of the recidivism rate, which will eventually assist in the decline in crime, Anthony Roberts, Parliamentary Secretary in the Ministry of National Security and Rehabilitation said yesterday.

Speaking at the handing over ceremony of Professor Ramesh Deosaran’s report on Prison Recidivism, Roberts said that it is generally known that a reduction in the recidivism rate will result in a decline in the crime rate. In the circumstances, Roberts said, urgent consideration is being given to an aftercare and resettlement programme for ex-inmates, a substantial number of whom do not have a home or any living accommodation to return to, after serving their period of incarceration. “These inmates do not possess the financial resources to purchase food, clothing and basic commodities and such a situation can only lead to a feeling of alienation and low self-esteem that inevitably leads to the return to the life of crime,” Roberts said.

The Halfway Homes, Roberts continued, is aimed at developing literacy and numeracy skills which the ex-inmates may have started during imprisonment; the development of life skills such as self-esteem; anger management and conflict resolution, family life education, coping and problem solving skills and spiritual development. Roberts went on to say that the government is committed to the war against crime and will fight on every front.  To this end, he said, penal reform, transformation and government’s programme for prisoner rehabilitation are being undertaken. He added that Cabinet has recently approved the recommendations of the Task Force on prison reform and transformation.  Retired Prisons Comm-issioner Cipriani Baptiste is head of that Task Force. Some of the Cabinet’s recommendations include the introduction of the  philosophy of restorative justice, the youth justice system and the introduction of a parole system.

Roberts also said that advances for improving facilities for prison officers have been made in a number of areas.  Outlining them, he referred to the dormitory at the Golden Grove Prison, which  is 90 percent complete. He also said that preparation is being made to commence construction of administrative facilities at Golden Grove Prison.The construction site has been fenced and foundation is being prepared for the construction of the workshop which will facilitate rehabilitation programmes for inmates.  Roberts added that refurbishment work is presently taking place at the Youth Training Centre (YTC).

Roberts said further that discussions have begun between officials of the Ministry of Education and the Security Ministry concerning the construction of a school at the Golden Grove Prisons. The school’s curriculum, he said, will be specifically tailored to meet the needs of inmates and the Ministry is looking forward to expanding the programme to other prisons. In closing, Roberts said the Ministry is aggressively addressing the situation of overcrowding.  He said they are actively pursuing efforts to ensure the full occupation of the Maximum Security Prison in the shortest possible time and that Cabinet will receive a note to that effect within a month.

FRESH inmates are being taken advantage of sexually in the nation’s prisons, Professor Ramesh Deosaran, director, Centre of Criminology and Criminal Justice of the University of the West Indies said yesterday.

As a consequence of the finding, Deosaran has recommended that the matter of a well-regulated system of conjugal visits as a mode towards rehabilitation, at least for certain prisoners, be urgently considered. Deosaran said it is time to face head on, the peversity of forced homosexuality and infectious diseases in the country’s prisons.  This problem, he said, is common knowledge to those in authority, and added that the conjugal visits are not meant to make the prisons a hotel, but is an appropriate platform for rehabilitation. Deosaran was speaking during the handing over ceremony of his 260-page report on Prison Recidivism to Anthony Roberts, parliamentary secretary in the Ministry of National Security and Rehabilitation. 

The ceremony took place at the offices of the Ministry of National Security. The audience included Commissioner of Police Hilton Guy, Deputy Commissioner of Police Everald Snaggs, ACP Winston Cooper, retired Prisons Commissioner Cipriani Baptiste and former Anglican Bishop, Clive Abdullah. The report has 42 recommendations.  Heading the list is the appeal for upgrading and streamlining the information and data base systems in the prisons service. Deosaran has also suggested more targeted training for prison officers as well as some psychological and vocational testing for inmates to help determine aptitudes for rehabilitation. He has also proposed a clear separation of what he describes as “hardened recidivists” from the first-time offenders, especially those with relatively short sentences.

Deosaran has also said that the physical conditions at the prisons are in a sense a nightmare for both prisoners and prison officers. “This is a matter needing urgent attention and no doubt will form part of the government’s follow-up action on the Task Force’s own recommendations,” he said. The study on Prison Recidivism began in May 2002, after government asked the UWI Centre for Criminology and Criminal Justice to identify two specific areas which require immediate attention and which could help reduce in the long run, the crime rate in the country. Deosaran said the current recidivism rate of 56 percent for the 4,500 prisoners examined for 2002 is too high, especially when many of them return to prison as many as four or five times for serious offences. “The question therefore arises: ‘Is imprisonment in itself acting as a deterrent for crime, especially serious crimes?’  The answer is, not really.”

Deosaran went on to say that enough data has been found in the study, to indicate that the person most likely to enter our prisons more than once, or even once, is a young, very poor, single, poorly educated African male living on the East/West corridor.  The typical prisoner is also quite deficient in functional literacy, he added. Quoting statistics, Deosaran said over 80 percent of the inmates are under 40 years; 45 percent are under 30; while 98 percent are males. Also, he said, 98 percent are from poor or unemployed backgrounds and about 50 percent live in districts from Carenage to Toco, mainly along the East/West corridor, 70 percent of the inmates have a five-year or less sentence, while 40 percent have a two-year or less sentence. Given the nature and distribution of sentences, Deosaran said much more use should be made of the 12 community mediation centres in the country.  He also urged judges  to “properly carry out your sentencing” since it would be helpful all around.

Giving reasons for incarcerations, Deosaran said 35 percent of the highest proportions of the 4,500 inmates are in jail for narcotic offences, another 35 percent are in prison for larceny, house-breaking and robbery. He continued that among the 2,500 recidivists, 44 percent are in prison for larceny, robbery and house-breaking.  “While we do expect convicted criminals to be punished, we are also being confronted with the growing reality that once in prison, a more hard-line criminal career becomes nurtured,” Deosaran said.

In commemoration of World Water Day and World Meteorological Day, the Ministry of Public Utilities and the Environment in conjunction with several other stakeholders, held a three day exhibition on the Brian Lara Promenade.

The culmination of the exhibition yesterday, saw many students on hand, some of whom performed, to the delight of the audience. The performances all dealt with water conservation and environmental awareness, a testament to the fact that our environment will be in good hands. WASA CEO, Errol Grimes, spoke on the negative impact of the present international conflict on the world’s natural resources, water in particular. He urged all present to conserve water, indicating that it was the responsibility of both WASA and the public to engage in conservation efforts.

“WASA has accelerated our public education programme,” said Grimes. He went on to address the Tobago issue, offering assurance that WASA was doing all in its power to alleviate the problem. He added, “WASA is charting a clear course for the future. A future where we visualise that 100 percent of our population will be receiving a potable supply of water 24/7.” Minister of Public Utilities and the Environment, Rennie Dumas, was also in attendance. He echoed the sentiments of the WASA CEO, saying that it was up to each and every one of us to preserve our precious water resources. “We are in the process of developing a draft National Water Resources Policy,” added the Minister, highlighting the Government’s efforts in this regard.

CHAIRMAN of the Trinidad Islandwide Cane Farmers Association (TICFA), Raffique Shah yesterday issued a stern warning to the government, that if efforts were not implemented to save this year’s failing sugar crop, “strong measures” would be taken by TICFA.

Shah, however, refused to tell Newsday exactly what these measures would be, saying “a good General never reveals his strategies.” During a telephone interview yesterday, Shah said the decision for the drastic measures was made during a closed-door meeting with canefarmers at the association’s Cocoyea Village headquarters on Thursday evening. He said farmers had “suffered” long enough with “tens of thousands of tonnes” rotting in fields and scale yards, while workers at all levels of the company, including Caroni’s managers, continue to be paid even as the impasse over Government’s VSEP package has forced operations at the State-owned company to grind to a halt. “The only income farmers get is when they actually sell their canes. For them, crop 2003 has turned out to be their worst nightmare,” Shah said. “Farmers have agreed that unless the situation improves by next week, we will take strong actions to shut down the 2003 crop.”

Shah, however, declined to reveal the association’s plans saying “strategy” in times of crisis is never revealed. He also confirmed that the association was holding discussions with a private group of investors who were proposing to acquire the Brechin Castle factory. “Talks are yet to be fleshed out, but continuing operations at Brechin Castle would have to concentrate on all aspects of cane as opposed to sugar,” he said. He said bagasse, a by-product of cane, could be used for a variety of purposes, while the cane tops are a “very good” source of feed for livestock. Efforts to reach Agriculture Minister John Rahael for comment yesterday were futile, since he was attending Cabinet.

THE All Trinidad Sugar and General Workers Trade Union (ATSGWTU) is confident it will obtain an injunction from the Industrial Court that will bring Government’s plans to restructure Caroni (1975) Limited to a halt.

This was the optimism expressed by ATSGWTU President-General Rudranath Indarsingh after the union’s attorneys and Caroni’s attorneys met on Thursday with President of the Industrial Court, Justice Addison Khan. Speaking with reporters outside the Industrial Court, Indarsingh said: “In the circumstances, before the company can go ahead and implement its VSEP, we are also seeking injunctive relief through the courts. The President has fixed that March 28 will be the date to determine whether the injunction will be granted. The substantive matter will be heard on May 7.”

The ATSGWTU leader added that the application for an injunction was filed pursuant to Section 84 of the Industrial Relations Act Chapter 88.01 for Orders. “The company has unfolded a VSEP without meeting and treating with the union and has failed to divulge the true contents of its restructuring plan for the benefit of clarification for all the daily-rated employees of Caroni,” he declared. Asked if the company could continue to offer VSEP to Caroni workers if the injunction is granted, Indarsingh replied: “Well they can continue to ask people. Once the injunction is granted it becomes a null and void.” He also recalled that when workers at Caroni’s Usine Ste Madeleine factory downed tools, they were told workers who did not accept VSEP by the April 3 deadline would not be guaranteed continued employment at Caroni.  The ATSGWTU leader added that workers who signed VSEP under duress are “now free to withdraw letters that they signed”.

Indarsingh declared that the ATSGWTU had not been delinquent in protecting the workers’ interests. “The union had the power to stop the actual letters from going out. We wanted our workers to have first hand information. We did not want to act in a high-handed manner. The union did not delay,” he said. The ATSGWTU was represented by attorneys Douglas Mendes, Dave Cowie and Ashvani Mahabir, while Caroni was represented by attorneys Kerwin Garcia and Ria Ramdeen. On March 25, an application filed by attorney Derek Ali regarding the company’s pension fund will be heard in the High Court.