No-confidence motion against Glenn defeated

The Corporation, which is controlled by the Opposition UNC, is almost equally split between both parties with the UNC having seven council members- (five councillors and two aldermen) and the ruling PNM which has six council members (four councillors and two aldermen).

However, during yesterday’s motion of no confidence, two council members- the corporation’s vice chairman, Leo Doodnath and the PNM’S Gerald Debisette, were absent.

This reduced the sides to five members each with Ramadharsingh presiding over the proceedings although PNM council members objected to him chairing the meeting as the motion was against him.

And when it was time to vote, council members voted along party lines leaving the vote at 5:5. At that point, Ramadharsingh announced that he was voting against the motion and then, while the PNM councillors roared their disapproval, shouted that he was using his second or casting vote to further sink the motion.

“The motion is now defeated,” Ramadharsingh announced.

The chamber then erupted as PNM alderman Christopher Max Encinas, who had filed the motion of no-confidence, jumped to his feet as he shouted that Ramadharsingh’s action was illegal.

His fellow PNM councillors joined in while UNC councillors, led by councillor Doodnath Mayrhoo shouted “Sangre Grande”- a clear reference to what had transpired at the tied Corporation following the 2016 Local Government elections.

In that instance, incumbent chairman of the Sangre Grande Regional Corporation Terry Rondon used his deciding vote as chairman, thus giving him two votes in the process, to break the 4-4 tie in the corporation between the UNC and the PNM.

Ramadharsingh’s action did not sit well with members of the public gallery some of whom “steupesed’ loudly as they left the council hall. Both sides had brought their supporters to the meeting as they sought to drum up support for their respective councillors.

Speaking with Newsday after the vote- La Brea MP, Nicole Olivierre said while she was aware that the PNM did not have the required votes to compel Ramadharsingh to resign, however, she said his action as chairman may not have been legitimate.

“I understand the PNM did not have the majority number of votes for the motion to pass, but I recognise the importance of filing the motion to bring to light the issues they have raised with the chairman acting ultra vires, section 57 of the Municipal Corporations Act,” she said.

“I was really surprised that the chairman continued to chair a meeting which was debating a motion of no confidence in himself and I was even more surprised that he insisted on voting in that meeting as well so, I am really wondering about the chairman’s interpretation of the standing orders of the Siparia Regional Corporation and the Municipal Corporations Act,” she said.

“I do not pretend to be a lawyer by any means but I certainly see a clear conflict in him, one having presided in the meeting and secondly, because there is a clause in the standing order that speaks to a person having a particular interest in a particular matter and voting on that matter and you cannot deny that the chairman has an interest in a motion which names him in the motion itself so, I am very concerned that he felt it was appropriate to not only chair but vote in that motion,” she said.

Tobago in hour

These vessels once underway can lift their hulls out of the water by deploying “underwater wings.” Reduced drag from non-contact with barnacles and the hulls themselves being out of the water result in speed in excess of 100 mph.

Tobago could be an hour away.

MC DONALD JAMES Couva

Pan big bands strike a note for the future

I suspect they were afraid to rock the boat in the lead-up to Panorama 2017, or wanted to be politically correct by playing dumb.

Now that the Panorama is over, five of the big bands — Massy Trinidad All Stars, Desperadoes, BP Renegades, Phase II (supported by Hadco) and Republic Bank Exodus — have taken up their beds and are walking into the future with the International Steelband Foundation.

The foundation’s objectives are noble — to promote opportunities for its members, collaborate with other bands, local and international; to cut a long story short, to promote the advancement of pan.

The challenge facing the foundation is to survive and not end up in controversy and bacchanal, a feature of the pan movement.

I am sure other bands will be watching from the sidelines before they jump on the foundation bandwagon, which could be a vehicle for change.

Who knows where this foundation could lead.

It may well be the idea is a shot across the bow of Pan Trinbago, which is the legal body representing pan and panmen, some of whom, at the top and bottom levels, have been grumbling for change.

Pan Trinbago is going through a torrid time and its image and credibility have taken a beating.

It is regrettable that the Steelband Music Festival, which should be the showpiece of the movement, is dead as a door nail and Panorama elevated to the top shelf.

Regrettable also is the fact that after all these years pan is without a home and the iron monster in Trincity is a monument to pan shame for which the present executive cannot be chastised.

KEITH ANDERSON via email

Liquor seized by Customs

The exercise was conducted in Tacarigua.

Police are working on the theory that the liquor was illegally imported from Miami.

Police sources said they were on patrol on St Michael Road at 2.30 pm, when they saw six men off-loading cases from a container and putting them in another vehicle. Police asked the men where they got the liquor from and when none could answer, they were arrested.

Police and Customs officials later went to Bahrosa Street in Tacarigua where several properties were searched.

Police found 637 cases of Absolut Vodka, 40 cases of Johnny Walker Scotch Whiskey, a generator and a power washer.

State holds off on Valencia squatters

This undertaking was given on Wednesday to Justice Frank Seepersad in the San Fernando High Court by attorneys acting on behalf of the State at the hearing of an injunction filed in the name of Pine Avenue residents Annesa Maharaj and Ashminee Joseph and granted during an emergency sitting on Sunday.

Fifteen squatters were met with an excavator and workers from the Ministry of Agriculture accompanied by police at about 5 am on Monday.

About 15 homes were demolished.

During the demolition, several residents formed a human barricade in an attempt to prevent further demolition of houses. UNC Senator and attorney Gerald Ramdeen filed the injunction last Friday against the Commissioner of State Lands.

Justice Seepersad heard the matter ex-parte on Sunday and granted a conservatory order preventing the Commissioner her agents from encroaching onto land for the purpose of demolishing houses.

The effect of the judge’s order saw residents being allowed to return to Pine Avenue and some have since rebuilt their houses. The value of these squatters’ houses range from $90,000 to $800,000.

Ramdeen contended that the residents have occupied land at Pine Avenue for the past 30 years and have nowhere else to live. He said the State’s action was unlawful, oppressive and breached the residents’ fundamental right not to be deprived of their property, except by due process of law.

On Wednesday, Justice Seepersad heard the matter in San Fernando while attorneys for the State participated via video conference from the Hall of Justice in Port-of-Spain. Attorney Terrence Bharath instructed by Tamara Toolsie, appeared for the Commissioner of State Lands.

Justice Seepersad directed that filing of evidence commence on both sides and adjourned the case to July 25 to be heard in the Hall of Justice.

START OVER

A brief statement from the Judiciary’s Court Protocol and Information Manager Alicia Carter-Fisher yesterday said “consensus” was reached at a meeting on Wednesday between key stakeholders to have all 53 matters restarted de novo (a fresh).’ Acting Chief Magistrate Maria Busby-Earle Caddle will preside over all indictable cases, while all summary matters will be taken over by an assigned magistrate at the Port of Spain Magistrates’ Court.

All other Eighth Court matters which were not started will be managed by Earle Caddle. The judiciary statement said priority will be given to the 53 matters which will be actively case managed using the new Criminal Procedure Rules (CPR) of 2016, “having regard to the hardships already experienced by the incarcerated, accused on bail, victims, witnesses and other stakeholders within the system.” Present at the meeting on Wednesday were Chief Justice Ivor Archie, Director of Public Prosecutions Roger Gaspard, SC, Law Association vice president Rajiv Persad, members of the Criminal Bar Association (CBA), the acting chief magistrate, senior magistrates and the Registrar of the Supreme Court.

This decision comes almost a month after former chief magistrate Ayers-Caesar resigned on April 27 as a judge, when it was revealed by the Chief Justice that she misrepresented the number of cases left unresolved before her elevation to the High Court. It comes a week before attorneys are expected to debate a motion of no confidence in CJ Archie and other members of the Judicial and Legal Services Commission (JLSC) over the bungling of Ayers-Caesar’s appointment.

WHY SO LONG TO RESOLVE? President of the Criminal Bar Association Pamela Elder, SC, whose Chambers has five cases now in abeyance by Ayers-Caesar’s appointment and subsequent resignation, asked why it took so long for the Judiciary to arrive at a solution. “What were they waiting on? The case law is clear,” she said.

Elder said it is extremely offensive that no consultation was held with attorneys involved in the 53 cases.

“The Chief Justice should have done the courteous thing. Courtesy demands the attorneys involved be consulted especially when they sought constructive suggestions from interested parties,” Elder said yesterday.

And now that a decision has been taken to restart the cases, Elder wonders who will pay the legal fees of accused persons who have been without bail; some for over half a decade. “Do they expect attorneys to just roll over and continue (with the cases)? Perhaps those attorneys from the CBA who came to this decision would do these cases pro bono (free),” she said.

Elder emphasised that the Judiciary’s statement was confusing as it is a total shift from the initial press release which indicated no case would be affected as all that was left behind were paper committals, which could be continued by another magistrate.

She said Ag Chief Magistrate Earle Caddle has repeatedly told attorneys the new CPR does not apply to preliminary inquiries.

She intends to write to the acting chief magistrate asking for clarification on the position but she also wants to know who will foot the bill for the transcripts of the cases to be started afresh.

DALY: JLSC MUST LEAVE For his part, Martin Daly, SC, yesterday called on members of the JLSC headed by CJ Archie to do the honourable thing, “and and pack up and go.” He said it was absolutely shocking that yesterday’s media statement offered no apology by the JLSC, which he said was refusing to accept responsibility for the imbroglio.

This, he said, has only hardened his position that the entire JLSC must resign.

Admitting he is not a criminal attorney, Daly said the decision taken on Wednesday could give rise to those who have been incarcerated without bail on capital offences, to argue that they have been deprived of protection by the law.

“You are prolonging the incarceration of presumed innocent people.

This (the decision taken) is unsatisfactory as it is just aimed at keeping the status quo,” Daly said, adding the question of legal fees now arises.

Daly, one of eleven senior counsel who called on the JLSC to account for the administrative blunder of Ayers-Caesar’s elevation, said while there is a need to examine the process of appointment of judges, “we have an injustice on our hands now.”

KHAN: THEY KNOW NOT WHAT THEY DO Another attorney, Israel Khan, SC, who was the first to label the imbroglio caused by Ayers-Caesar’s elevation as a “scandalous state of affairs”, yesterday said the judiciary’s statement was an admission that the JLSC does not know what it is doing. “It is an admission that they were wrong,” Khan said, adding that Ayers-Caesar should not have been made to resign as a judge.

He is still calling for an investigation, adding that the decision taken on Wednesday should have been implemented immediately following the former chief magistrate’s appointment as a judge. “Under the Criminal Procedure Act they would have known right away that these cases would have had to be restarted.

A serious study of criminal procedure should have taken place. They have said they will be expedited but this entire thing has cost millions,” Khan said.

Newsday understands that the Legal Aid and Advisory Board’s tenure came to an end on May 15 and a new board is yet to be appointed by government.

As a result, the Legal Aid and Advisory Authority cannot appoint attorneys to represent accused persons nor can they approve legal fees.

Also speaking yesterday was Opposition Senator and attorney Wayne Sturge who said, “This was the obvious way forward as there was literally no other option. Sadly in TT, paper committals don’t work the way they are meant to and with the criminal bar being so small, delay is inevitable.

The other obvious issue is the hardship which would be occasioned by the accused who will have to find money to pay for the new proceedings.

“I am sure that legal proceedings will be brought to reimburse them for the cost incurred which has been wasted by no fault of their own. Don’t be surprised if there is mayhem. You can’t expect a man to lose seven years of his life in custody and simply accept that the administration of justice ‘made a mistake’. We are all enjoying our liberty while they are suffering

Ex-NP CEO wrongfully dismissed

His contract was terminated on April 15, 2011 after NP claimed (as its reason for firing him) that credit was extended to one of the company’s former gas station dealers without appropriate approvals. NP also claimed the Board had lost confidence in Callender.

In their ruling yesterday, Justices of Appeal Allan Mendonca, Prakash Moosai and Andre des Vignes set aside a previous ruling of Justice Carol Gobin who in 2013 dismissed Callender’s wrongful dismissal lawsuit.

The three found that Callender was wrongly dismissed by NP and is now entitled to three months’ salary in lieu of notice.

In his wrongful dismissal and breach of contract claim, Callender sought damages and special damages in excess of $1.7 million.

He claimed NP breached the contract of employment by its own conduct toward him, which was calculated to destroy the relationship of trust and confidence between the himself and the company.

NP contended that under Callender’s watch as CEO, Trebro managed to rack up a debt of $1.6 million despite all in-built checks on the digital system, despite all processes and rules under the policy to secure and protect the Company from harmful credit exposure. In their ruling, the judges disagreed with all of Justice Gobin’s finding except for the facta relating to the variation of Callender’s contract of employment which he sought months before the 2010 general election.

They also held that Callender’s role in the implementation of the Board’s decisions should not have been construed as a repudiation of his contract of employment but as a demonstration of his effort to ensure that the board’s decisions as it related to Trebro were complied with.

“We think the judge was plainly wrong to find otherwise,” the appellate judges said. Callender was represented by attorneys Douglas Mendes, SC; Elton Prescott, SC; and Shelly Ann Daniel while attorneys Seenath Jairam, SC; Kelvin Ramkissoon and Shobha Persad represented NP.

2 men gunned down in Arima

Autopsies at the Forensic Science Centre were postponed to today after no relatives visited the centre in St James to positively identify both bodies.

Police identified the victims as Keon Carr of Santa Rosa and Anderson Alexis of Maloney. Police said that despite their best efforts yesterday they could not locate any relative of the two to have them go to the centre to identify the bodies.

Carr and Alexis were shot dead at 10.05 pm on Wednesday while liming with another man Andrew Pyle. The trio was standing in front of the Ali Bocas car care centre near The Crossings on Tumpuna Road, when they were approached by three masked gunmen, who opened fire.

Both Carr and Alexis were struck several times and died at the scene.

Pyle was struck in the buttocks and was later taken to the Eric Williams Medical Sciences Centre in Mt Hope for treatment. The killers escaped in a black Nissan Tiida car.

Artisan market in Arima

The event takes place tomorrow at the Arima Tennis Club, 3 Robinson Circular from 9 am – 3 pm. It will include shopping, workshops, children’s activities, live performances and local treats.

East Village brings together offerings that represent the ideals of Caribbean craftsmanship and patrons will enjoy a showcase of the best locally made products from Harvey Robertson, Ecliff Elie, Akimbo, AI Naturals, Al-Stair, Art on Purpose, Stacy Smith, The Linen World and Farm and Function. Among other exhibitors are Divine Chic Hair & Image, Body Frosting New Fire Festival as a collaborator, providing technical support on the day and bringing a message of sustainability to the East.

For more info on East Village or general inquiries about Caribbean Fashion & Arts Feature Festival: 491-3684, email- caribbeanfaff@ gmail.com, visit www.

caribbeanfaff.com/eastvillage, Facebook-@caribbeanfaff or Instagram- @caribbeanfaff

Officer confesses to leaking, ‘in error’

The constable expressed remorse claiming when the document was made available to him by seniors, he was supposed to save it and place it in a file. But in error, he sent the document to a chat group via WhatsApp.

The memo went viral on social media.

The constable said when he realised his error, he was at a loss on what to do. He reiterated that the message was not leaked deliberately.

He said when the leak was detected by Division Head, Snr Supt Kenny Mc Intyre and an investigation launched, he decided to come forward and disclose what he had done. Two weeks ago, a file was submitted to the Office of the Director of Public Prosecutions by officers of the Professional Standards Bureau.

According to reports, Senior Superintendent Kenny Mc Intyre had outlined certain police duties and exercises to be carried out in the Central Division between the extended weekend of Holy Thursday and Easter Monday. The document was emailed to police who were supposed to take part in these exercises.

The constable received a copy of the instructions for the exercises and when it was discovered that it was leaked, Snr Supt Mc Intyre was forced to change the time and areas just in case criminals read the leaked memo via social media.

Mc Intyre, in an earlier interview, told Newsday the leak had left him very embarrassed and brought the Police Service into disrepute.

Officers of the Cyber Crimes Unit assisted in the enquiries and the cell phones of several police officers were seized as part of the investigation.