A HIGH Court judge yesterday ruled that an 11 year old boy, Shawn Supersad, should continue to live with his 55-year-old aunt, Monica Hamilton, who has cared for him from infancy and not with his natural parents. 

The decision was the culmination of a three-month custody battle in which the aunt sued the parents, Sherry Ann and Deoraj Supersad, for their child. Justice Peter Jamadar, presiding in the San Fernando High Court, ruled that the parents be allowed only temporary access to Shawn. They will be able to see him every Saturday for three hours. Justice Jamadar ordered that Hamilton be given care and control of Shawn with whom he has lived since he was a few months old. This arrangement will continue until Shawn is 18 years old. The Supersads resisted Hamil-ton’s application for custody of Shawn and in affidavits filed in court, explained how their son ended up living with Hamilton. The Supersads and Hamilton live a few houses apart at Daloo Road, Gasparillo.

Sherry Ann, 28, stated that they are the parents of two boys, Shawn, 11 and Vishnu, 12. In 1993, both boys fell ill and were warded at the San Fernando General Hospital. Shawn was discharged, but elder brother Vishnu remained at the hospital for a while. Sherry Ann contended that she asked her niece, Nazeema Hamilton to take care of Shawn so she could devote more attention to the ailing Vishnu. Nazeema is Hamilton’s daughter-in-law and they lived in the same house. Sherry-Ann stated that ten days after Shawn began staying with Nazeema, Nazeema began begging her to leave the boy at the house in her care. Sherry Ann said she refused and according to her  affidavit, Nazeema filed an application in the San Fernando Magistrates’ Court for custody of Shawn. The court proceedings showed that Nazeema did not appear and the custody application was dismissed.

Nazeema left the country and Shawn went back to his mother’s home. But Sherry Ann, in her affidavit, stated that Monica Hamilton also began begging her to have Shawn live with her. Sherry-Ann said she obliged because she wanted to devote more time to Vishnu. Sherry Ann stated that although Shawn stayed with Hamilton, she would visit him regularly. “I never wanted to separate him from the rest us and particularly, his brother Vishnu,” Sherry Ann stated. She added that all was running smoothly with Shawn’s stay at the Hamilton’s house and she and her husband expected him to return to live with them on December 31, 2002. “However, we received a summons from the High Court and me and my husband (Deoraj Supersad) are shocked at the numerous lies contained,” Sherry Ann stated.

Hamilton contended in her application for custody of Shawn that Sherry-Ann is her brother’s daughter. She stated that she took care of the boy because he was ill and malnourished. Hamilton said in her application that she took care of the child until he was four and a half years old. Alleging that the mother hardly visited the child, Hamilton stated that she had Shawn enrolled at the Gasparillo Government primary school. Hamilton sought an order asking the court to restrain the Supersads from removing Shawn from her custody. The trial began before Justice Jamadar at which attorney Helen Lochan represented Hamilton and Indrani Mootoo-Persad appeared for the Supersads.

At the end of the trial hearing, the judge summoned Shawn to the court and questioned him in camera. Justice Jamadar ordered that the custody of Shawn be vested in Hamilton and the parents jointly, but that Hamilton continue to take care and exercise control over Shawn until he reaches the age of majority (18 years). The parents, it was ordered, would have access to Shawn every Saturday from 3 pm to 6 pm.

RECENTLY-APPOINTED Inter-national Criminal Court (ICC) Judge Karl Hudson-Phillips QC has come out in defence of Chief Justice Sat Sharma in his battle with the Government over the planned removal of the Port-of-Spain Magistrates’ Court without consultation.

Hours after he returned from the Hague, Kingdom of the Netherlands, Hudson-Phillips put pen to paper to show his disgust that the Government wants to remove the city court house from its present location without consulting CJ Sharma. Hudson-Phillips, President of the Law Association, said “it is inconceivable that any such decision could be made without adequate and meaningful consultation with the Honourable Chief Justice, the Judiciary and in the case of the Magistrates’ Court, the Magistracy, as well as the Law Association.” He said the Council of the Law Association expressed the hope that Government will see fit, even at this stage, to engage in meaningful consultation with all the stakeholders, and in particular the Judiciary, in order to ensure that their concerns and interests are properly taken into account before the plans, which have been announced, move to the implementation stage.

Hudson-Phillips pointed out that the Council viewed with great concern the recent announcement by the Government of its plans with regard to the development of the capital in so far as they impact upon the Judiciary and the delivery of justice to the citizens of Trinidad and Tobago. Hudson-Phillips noted that the initial announcement by the Government was made without consultation with the Judiciary and without even the courtesy of informing the Chief Justice, the head of the Judiciary. “This situation has been exacerbated by the latest announcement of the Honourable Prime Minister with respect to a plan to relocate the Port-of-Spain Magistrates’ Court from its present location to Trinidad House on lower St Vincent Street.” CJ Sharma said the executive has shown disrespect by moving ahead with the plans without informing him — the head of the judiciary. But Newsday was informed last night that Prime Minister contacted the CJ by telephone yesterday “to discuss” the matter. Speaking in Parliament late yesterday, PM Manning indicated his intention to consult with the interested parties.

SAN JUAN teenager Zaheeda Mohammed was released unharmed by her kidnappers early yesterday morning, police sources told Newsday.

Mohammed, 18, of Globe Lane, was reportedly kidnapped by four men in a white vehicle from outside Mario’s Pizzeria, San Juan, on Tuesday night. The kidnappers had made a ransom demand of $50,000 and five kilogrammes of cocaine which would have an estimated street value of $700,000. Neither the cocaine nor the cash was paid, police said. Police sources told Newsday they have their own views on the kidnapping but are keeping an open mind on the matter. Yesterday, Mohammed told Newsday she did not know any of the four people who snatched her since they were masked.

Mohammed, a former student of Eastern Community College, said her captors did not harm her and during her time in captivity they told her certain things which she refused to reveal. Police said Mohammed was released around 1.40 am yesterday. She was reportedly dropped off at the Himalaya Club, Third Avenue, Barataria and told to go home. However, she did not want to go to a doctor for medical examination, which is customary, police sources said. She told the police her captors tied her up, but lawmen said there were no marks on her hands.

Police also said Mohammed told them she left her home around 8.30 pm Tuesday to purchase Pizza and was abducted by four men in a white vehicle.  Mohammed told police she was driven around for about 45 minutes after which the kidnappers took her to a wooden house in an unknown hilly area. The kidnappers made several calls to Mohammed’s relatives demanding cash and cocaine. 

Police said the kidnappers probably released Mohammed after they realised neither was forthcoming. Mohammed’s aunt Zamina Hosein, a nurse at the Port-of-Spain General Hospital, told Newsday on Thursday that she would have made an effort to raise the cash but wanted no part of the cocaine request. No arrests were made up to late yesterday and the Anti-Kidnapping Squad headed by Snr Supt Gilbert Reyes and Cpl Tom Bernard of the San Juan CID are continuing investigations.

POLICE Commissioner Hilton Guy said yesterday the Police Northern Division, which encompasses Arima, Arouca, Tunapuna, Curepe, St Joseph and parts of Caroni, should be split into two divisions so crime control in those areas could be better managed.

Guy expressed his opinion during a special luncheon at Officers’ Mess, Police Headquar-ters, to honour two veteran officers — Deputy Commissioner of Police Alexander Charles and Snr Supt Lloyd Coutain — who have retired from active duty. Commissioner Guy also used the occasion to hand out Letters of Promotions to four officers. Two other promoted officers were not present yesterday. The promoted officers were Winston Cooper, Nazamul Hosein, Nevin Wilson, Philip Carmona, John Travajo and Barnet Mayers.

Cooper and Hosein were promoted from the ranks of Senior Superintendent to Assistant Commissioner of Police, Wilson and Carmona were promoted from Superintendent to Senior Superintendent while Mayers and Travajo, were promoted from Assistant Super-intendent of Police to Superintendent. Commissioner Guy said he felt Northern Division (where Coutain was last posted) had too large a population and geographic area to be under the jurisdiction of one Senior Superinten-dent. “This has been one of my more troublesome Divisions and I feel it is high time it is split into two separate Divisions so that the police can more effectively manage the levels of crime.” Currently Trinidad and Tobago has nine Police Divisions, with a Senior Superintendent of Police in charge of each divisions. They are Northern, Eastern, Central, Western, North-Eastern, Port-of-Spain, Southern, South-Western and Tobago.

Guy told Newsday while he was expressing a personal opinion, the Ministry of National Security ultimately had the power to make the necessary changes to Northern Division. First Division officers applauded loudly when Commissioner Guy welcomed Senior Super-intendent Randolph Protain back into active duty. Protain had been on leave for some months dealing with a private matter. He will be head of Eastern Division from Monday. Commissioner Guy also thanked Alexander Charles and Lloyd Coutain for giving yeoman service. Charles has served for 41 years, while Coutain has been a policeman for the past 31 years.

EARLY morning police raids in Laventille resulted in the arrest of six persons, four of whom were held for three murders. Similar raids in Arima and South Trinidad yesterday, led to the arrest of suspects for firearms, ammunition and illegal drugs.

The murder suspects held in Laventille are to be placed on several ID parades this weekend. Sources told Newsday once there are strong cases against them, police will seek directions from Director of Public Prosecutions (DPP) Geoffrey Henderson, on whether charges should be laid. ACP (Crime) Oswyn Allard coordinated the exercises, with Ag Supt Errol Denoon and ASP Alfred Sealy leading the Laventille raids. Besson Street and Port-of-Spain CID officers under Insp Manechand Ramnarine, started the exercise at 3 am yesterday and executed warrants in Upper St Barb’s, Laventille and Duke Street, Port-of-Spain, within a four-hour period. Several drug dens were raided. Accompanying the officers were heavily armed members of the Trinidad and Tobago Regiment. Two men, aged 23 and 32 and both from Belmont, were held in connection with the murder of a man, who was found shot to death  and his body dumped behind a woman’s house at Bath Street, Laventille. The officers also arrested a 29-year-old man from Buller Trace, Laventille for the murder of a relative of a policeman.

A SHOOTING incident in Mt D’Or on Tuesday, ended up being a murder when the victim who was taken to hospital suffering from gunshot wounds to his shoulder and leg, succumbed to his injuries and died on Thursday night.

St Joseph police who are investigating the murder of David Deveaux, 31, spent most of yesterday revisiting the shooting scene as the murder investigations picked up pace. An autopsy will be done on Deveaux’s body on Monday at the Forensic Sciences Centre. Deveaux, also called “Toby”, is the 40th person murdered for the year. According to police reports, around 10 am on Tuesday, Deveaux, of Spring Valley, Mt D’Or was liming on Mt D’Or Road with a group of men, when a man walked up to the group, pulled out a gun from his waist and opened fire. The limers scattered in different directions while Deveaux slumped to the ground as the gunman ran off.

Villagers took Deveaux, to the Eric Williams Medical Sciences Complex in Mt Hope, where he was treated and transferred to the Port-of-Spain General Hospital. A team of St Joseph police led by Ag Insp Michael Modeste and including Sgt Don Lezama, Cpl Aldwin Collins, PC Nirmal Ramjattan and PC Remy visited the scene, questioned several persons and carried out an unsuccessful search of the area for the gunman. When they went to the Port-of-Spaini General Hospital sometime later to record a statement from Deveaux, they were met by another man who had been brought to hospital suffering from gunshot wounds. However, officers later learned that this man was not involved in the Mt D’Or shooting, but in fact, was shot in Laventille. Around 8 pm on Thursday, Deveaux slipped into a coma and despite frantic efforts by doctors to revive him, he stopped breathing at 8.30 pm and was pronounced dead.

JUST HOURS after he had to be escorted from a stormy meeting with sugar workers at the Rudranath Capildeo Learning Resource Centre on Thursday night, Agriculture Minister John Rahael declared that he would be “down in Central Trinidad again”.

Rahael mentioned the unexpected presence of union officials at the meeting. “Obviously their agenda is to continue to feed the workers misinformation so that the workers would not get a good picture of what is being offered,” he said. Rahael was escorted out of the meeting by his security personnel after a question-and-answer session got out of hand. The meeting was organised to explain details of Government’s VSEP offer to employees of Caroni (1975) Limited. Tempers flared soon after Rudy Indarsingh, President of the All Trinidad Sugar and General Workers Trade Union (ATSGWTU), expressed dissatisfaction with the Minister’s response to a question about the VSEP and demanded an apology.

When some workers began shouting and appeared to be moving towards the head table, Rahael was quickly whisked out of the auditorium through a back door. Rahael later said he never felt physically threatened and was confident he would receive the cooperation of the workers. He said he planned to continue talks with the Caroni workers. “At no time had I felt insecure or threatened by anyone or any of the circumstances,” the Minister insisted, adding that the decision to leave the meeting was taken by his security staff.

Rahael, who referred to VSEP packages offered to PTSC, WASA and Port Authority workers, said he was confident the sugar workers would come to accept it since they will be receiving better severance packages than any other workers before them. “People in Caroni and people in Central Trinidad are very enterprising and resilient people,” he said. According to the Minister, all Caroni lands will remain under agricultural use and first preference for leasing of the lands will be given to Caroni workers who are serious about farming. He added that the farmers will be given advice and support by government agencies.

CHAGUANAS Mayor Orlando Nagessar has described the restructuring programme at “Caroni (1975) Limited as a “volcano ready to  erupt”.

“What you saw happening at the Rudranath Capildeo Learning Resource Centre on Thursday is the tip of the iceberg. The situation would escalate with greater intensity and the Government better open its eyes and see what can be done to reduce the tension before it is too late,” he warned. “I could feel negative vibes and in fact I could feel it in my  bones that the Caroni volcano will erupt.  You know what it is to place 9,000 workers on the breadline — such a situation must have social and cultural implications, and people will act accordingly as a hungry man is an angry man.”

Nagessar offered to serve as a mediator in the matter. He said he  was  against violence of any sort but Agriculture Minister John Rahael  must take full blame if anything should go wrong as a result of Government’s insistence in carrying out the restructuring programme. “Over 100,000 people living in the country would be affected in one way or the other if 9,000 sugar workers were to go home and this would  hamper the country in a big way,” Nagessar said. He said Government should have held discussions with all the stakeholders in the industry before embarking on the exercise. “They handled the matter the wrong way and in that regard were antagonising about half of the population of the country,” he said.

GOVERNMENT yesterday tabled Kidnapping bill, which would now impose a 25 year sentence for kidnapping.

The Kidnapping Bill 2003, which seeks to punish all those who engage in kidnapping, would punish those who knowingly receive or negotiate to obtain a ransom. The bill would expose those persons who receive, “have in their possession or dispose of money or property which was delivered as a ransom in connection with a kidnapping”, to 15 years imprisonment. Those who negotiate or assist in the negotiations to obtain a ransom would receive a 25-year sentence.  The bill also targets persons who provide information “whether directly or indirectly” to any accused person, relating to the bank accounts, monies or property of a kidnapped person or his relative or any other material personal information of the kidnapped person. The penalty for this offence would be imprisonment for five years.

The Bill, which requires a special majority, would deem a person under 18 years “incapable of consenting to being abducted, seized, detained or held”. The Bill also imposes a duty on any person who is aware of the commission or the intention to commit a kidnapping to give information to the police. A person who fails to comply is liable to a fine of $50,000 and imprisonment for six months. The Bill makes the assets of anybody involved in kidnapping liable to confiscation or forfeiture. It would also allow for the evidence of pecuniary resources or property of an accused person, for which the accused cannot satisfactorily account, to be taken as corroborating evidence of any witness in the trial or enquiry that the accused person has received the ransom for the release of a kidnapped person. The Bill makes kidnapping a non-bailable offence. And it allows the Director of Public Prosecutions to apply to a Judge in Chambers for an order to inspect books, accounts, receipts, vouchers or other documents where he considers evidence of the commission of an offence, conspiracy to commit, or an attempt to commit, or an abetment of that offence is likely to be found in such documents.

A person who fails to produce such documents would be liable to a fine of $100,000 and to imprisonment for one year. The DPP can also apply to a Judge in Chambers for an order to obtain information requiring:
1) a person to furnish a sworn statement enumerating all property belonging to or possessed by him, his spouse or child and specifying the date on which such properties were acquired;
2) a person to furnish a sworn statement of monies and /or properties disposed of by him during the period specified in the order;
3) a person to furnish a sworn statement enumerating all property belonging to or possessed by him, where the DPP has reasonable grounds to believe that such information may be relevant to an investigation or proceedings. A fine of $100,000 would be imposed on a person who wilfully neglects or fails to comply with an order.