Friday, 14 October 2011
Thursday, 13 October 2011
State of Emergency Statistics Revealed by Trinidad and Tobago Police Service reveals Vast Majority of People are Arrested Without Charge
Over 558 people were detained with no charge.
Atleast 658 people were released after being detained.
60% of persons held in connection with gang related crime have been released.
70% of persons held in connection with homicides have been released.
1028 people held for "outstanding warrants"
Other statistics were withheld by the Police, probably because they are even more embarrassing that those already released.
Sunday, 9 October 2011
Port Authority Chairman Refuses to Comply With Minister's Cronyist Orders, Gets Fired Immediately
Port boss axed
October 8, 2011 The Government has decided to terminate the appointment of Port Authority chairman Clive Spencer, who refused to carry out instructions allegedly given by Transport Minister Devant Maharaj to fire all the legal representatives used by the Port and reassign all work to Fortis Chambers and the law chambers of Subhas Panday, according to information received by the Sunday Express.
Sources said Cabinet last Thursday accepted a recommendation from the line Minister Maharaj to revoke Spencer's appointment.Spencer was appointed chairman in January of this year, when Jack Warner was the Minister with responsibility for the Transport portfolio.
Questioned yesterday on whether a decision was taken to fire Spencer, Maharaj said: "Well he was never hired so I don't know how he could be fired". He said the position of Port Authority chairman was an "appointment".Was Spencer to be dis-appointed? Maharaj was asked.
"Well all of us could be disappointed. I could be disappointed. And when you look at the track record you have (former ministers) Therese Baptiste-Cornelis, (Rudrawatee) Nan Ramgoolam and (former Police Service Commission chairman) Nizam Mohammed. Once you are there at the pleasure of the Government you could be replaced in a day or in a heartbeat. Nobody has a mortgage on any position. MPs have a five year contract with the people and at the end of the five years the people decide if they want to renew it or not," Maharaj stated.
So was he confirming that a decision was taken to terminate Spencer's appointment? "I wouldn't comment on that. I run my business with the boards rather than in the media. When there is something to come out, it would come out, alright?". Maharaj had denied in a previous Express article that he had ever issued any instructions to fire all the legal representatives used by the Port and reassign all work to Fortis Chambers and the law chambers of Panday.
But Spencer told the Sunday Express that he was informed that the Cabinet considered Maharaj's recommendation that he be removed as chairman and the Cabinet concurred with the recommendation. Spencer said he was not formally notified by letter but "that's on its way I believe".
"It would mean that my appointment would have been revoked for speaking the truth. I really couldn't care too damns," he said, adding "These people are too vulgar"."When they can't drive you into subordination they try to destroy you," he said.
"I have done nothing wrong. All I have said is I am unable to carry out an instruction because it lacks a number of things with which I would not be associated. And he (Maharaj) got on his high horse and decided to come for the jugular. But I have gotten accustomed to that kind of absurdity," said Spencer, who was a former President General of the Seamen and Waterfront Trade Union (SWWTU) .
He added: "When I was 30 years old I took on Eric Williams (former prime minister) and succeeded, You mean I would take him (Maharaj) on at 75? Come on! Steups. Waste of time!" He said the decision to fire him was the sequel to his questioning the Minister's directive to fire the five law firms currently used by the Port—MG Daly and Partners, Seenath Jairam, Kenneth Thompson, Hamel Smith and Co and Kelvin Ramkissoon—and hire instead "Jagdeo Singh and Subhas Panday".
Singh is member of Fortis Chambers, along with Larry Lalla, Randy Depoo and Derek Ali. Spencer said notwithstanding the Minister's denial, there was a lot of correspondence between himself and the Minister on this issue. He recalled yesterday that at one stage when he asked Maharaj for written confirmation of his directive, Maharaj told him not to expect a reply to this letter."So I wrote him another letter telling him that he told me not to expect a reply to that first letter," Spencer said.
In an exclusive article published on September 12, which quoted a September 2, Spencer in a strongly worded letter told Maharaj: "Minister, notwithstanding my preparedness to comply with all legitimate instructions issued by your good self, it would be entirely remiss of me, in fact bordering perilously on irresponsibility to fail to draw to your attention the potentially and substantially deleterious consequences of my placing before the Authority and hastening to implement your directives without further thought, due care and consideration...The initiative will surely assume the visage of a politically inspired, motivated and propelled witchhunt and especially when viewed against the backdrop of the proposed replacements."
Warning against political meddling, the letter urged the Minister to "consider the nature and potency of the response that would surely emanate from the wholesale removal of the Authority's panel of attorneys, particularly where such removal will not have been effected on the premise of any incompetence, dereliction of duty, lack of professionalism or any other negativity, real or imagined or contrived". Spencer said yesterday he would not be intimidated by any "two by four minister who feels that he can tell me to do things which are improper and that I am going to do it unchallenged".
"He probably thinks that in recommending my revocation he is hurting me but he isn't. He is just letting me go home and rest," Spencer quipped. "At 75 I don't care too damns what they want to do. When the God Lord bless you with 75 years to your credit, 75 good, honest and hardworking years, you don't take on little shrimps like Devant Maharaj. Waste of time!"Spencer said the Board had not been meeting since he and Maharaj were at loggerheads on this matter.
He said four Commissioners—(who he named)—have not been attending meetings, depriving the Board of a quorum and whenever they show up they move motions of adjournment on matters that should not be adjourned. Spencer said the issue of the legal briefs was not the only point of contention between himself and Maharaj. He said the Minister had been using certain board members to go to senior managers demanding information such as how many vacant positions there were, when were they filled, how many were still to be filled, how many were on contract and what salary the persons were being paid.
"The sort of information should be obtained from the Chairman, Secretary or General Manager/CEO," Spencer said."And it was being done in such an unfettered manner- with people saying 'the minister want this...and that...and he want it by Friday'. And it was all in emails," he said.Spencer said, however, "the 'S' hit the fan when the Minister took "the big bite" of instructing the board to fire wholesale the panel of attorneys.
"By which time he (Maharaj) was calling me the following morning, demanding that I expedite this directive, right away." And in another Sunday Express exclusive published on September 12, which quoted Port Authority Board Minute 671/11 of August 25, director Jalim Ramnarine said he had been directed by the Transport Minister to convey the Minister's instructions for the "immediate termination of all legal briefs" and the reassignment of work to the Fortis Chambers and Subhas Panday and Co.
Spencer who served as General Manager of the Port Authority between 1992 and 1997, said he had too much experience as a senior public servant to tell a Minister 'no' rightaway."But you tell him in due course why you can't do it and that if he would clear that situation for you, then you can do it".
Former Government Minister Admits Government Is In An Embarrassing Position With the SoE
Gather evidence before charging someone
By Keino Swamber keino.swamber@trinidadexpress.com
This view was expressed by attorney-at-law and former minister in
the Ministry of National Security, Subhas Panday, in an interview with
the Express on Friday.
"They should have had evidence prior to laying charges against people," Panday said."They (the police) may have had information but information on its own may not be admissible and this cannot be used to arrest anybody because information can include hearsay which cannot be used as evidence."
Panday was asked to outline, from a legal perspective, the elements needed to secure a successful conviction under the Act. He said several pieces of legislation must be used."The most important one is the Interception of Communications Act 2010 which deals with intelligence gathering where, for example, if they decide to target a person, they first have to get permission from the Commissioner of Police, the Head of the Defence Force or the Head of the SSA (Strategic Services Agency).
"They then begin to tape (and) as they are taping they may get information that a person is going to do something. This can be used to go before a judge and an oral application can be made for a warrant to start recording for use as evidence. The evidence is called first-hand evidence and can be taken before a judge to say that the target (the person under surveillance) is a member of a gang."
Panday said because the Anti-Gang Act was proclaimed only on August 15, surveillance gathered before that date could not be used to charge and prosecute individuals. "The State of Emergency was declared on August 21 so, in the space of a week they could not really do any significant recording.
"What they did here is that they went to the Crime and Problem Analysis (CAPA) Unit of the Ministry of National Security and they concentrated on people who have pending matters and they sent the information to the police station to lock up from a side.
Panday reiterated his call for the Anti-Gang Act to be amended to make it compulsory for police officers to consult with the Director of Public Prosecutions (DPP) before laying charges against individuals suspected to being gang members.
"The Attorney General says there is nothing wrong with the legislation. The Attorney General is the legal adviser to the Government and he may know better than I do."
By Keino Swamber keino.swamber@trinidadexpress.com
THE failure of police officers to follow a fundamental principle
of criminal law, which is to gather evidence before charging someone,
played a significant part in several cases taken to court under the
Anti-Gang Act 2011 being discontinued without prosecution.
"They should have had evidence prior to laying charges against people," Panday said."They (the police) may have had information but information on its own may not be admissible and this cannot be used to arrest anybody because information can include hearsay which cannot be used as evidence."
Panday was asked to outline, from a legal perspective, the elements needed to secure a successful conviction under the Act. He said several pieces of legislation must be used."The most important one is the Interception of Communications Act 2010 which deals with intelligence gathering where, for example, if they decide to target a person, they first have to get permission from the Commissioner of Police, the Head of the Defence Force or the Head of the SSA (Strategic Services Agency).
"They then begin to tape (and) as they are taping they may get information that a person is going to do something. This can be used to go before a judge and an oral application can be made for a warrant to start recording for use as evidence. The evidence is called first-hand evidence and can be taken before a judge to say that the target (the person under surveillance) is a member of a gang."
Panday said because the Anti-Gang Act was proclaimed only on August 15, surveillance gathered before that date could not be used to charge and prosecute individuals. "The State of Emergency was declared on August 21 so, in the space of a week they could not really do any significant recording.
"What they did here is that they went to the Crime and Problem Analysis (CAPA) Unit of the Ministry of National Security and they concentrated on people who have pending matters and they sent the information to the police station to lock up from a side.
"You may have observed that only persons who have matters pending
or have convictions were locked up. The real people who are importing
and are really behind the scenes are not being picked up. That is why
they are only picking up these little peewats all over the place."
Panday reiterated his call for the Anti-Gang Act to be amended to make it compulsory for police officers to consult with the Director of Public Prosecutions (DPP) before laying charges against individuals suspected to being gang members.
"This will ensure that another layer of checks and balances is put in place to prevent abuse of people's rights."We would not have found ourselves in an embarrassing position
(had this been done). We could have filtered out all the cases which
had no evidence and those that had evidence we could have gone before
the courts and dealt with them quickly.
"The Attorney General says there is nothing wrong with the legislation. The Attorney General is the legal adviser to the Government and he may know better than I do."
Tuesday, 20 September 2011
Rest of the world regards exiled Ex-FIFA VP Jack Warner as a disgraced accomplice in bribery and icon of FIFA corruption, People's Partnership puts him to be Acting Prime Minister
Acting Prime Minister and Minister of Works and Infrastructure Jack Warner on September 19, 2011 toured the city of San Fernando. The Minister's tour started at the San Fernando City Hall, Harris Promenade, San Fernando where he met with the Mayor Marlene Coudray.
Still no valid evidence for State of Emergency
In the aftermath of the extension of the state of emergency “8/21”, the defence proffered by the People’s Partnership Government’s declaration of the state of emergency presents a rather blurry and increasingly nebulous picture. It has become very clear that transnational organised crimes constitute a growing threat to national security, democracy and the rule of law as opposed to the PP’s invocation of a state of emergency based on apparent foggy intelligence reports. It was anticipated that such a state of emergency would have averted a major crisis or catastrophe that would threaten the life of the nation (the European Court of Human Rights in the Lawless case, defined what is a public emergency).
To date, there is still no valid evidence given by the executive to substantiate that action. Emergencies can be corrosive of democracy if they are claimed “on grounds that involve bad faith, manipulation of evidence, exaggeration of risk or the prospect of political advantage.” Any assessment of emergency action obliges three questions—Is the action authorised by law? Are the extraordinary measures authorised by this law proportional and adequately linked to the assessment of these threats? Does the law contain provisions for the review and termination of these powers?
In addition, the European Commission in the Greek case described four characteristics of a public emergency as follows (a) it must be actual or imminent; (b) its effects must involve the whole nation; (c) the continuance of the organised life of the community must be threatened; and (d) the crisis or danger must be exceptional, in that the normal measures...are plainly inadequate. Furthermore, the International Law Commission looked at the definition of public emergency to constitute four basic elements—territorial scope, magnitude of the threat, temporary status of the public crisis and official proclamation. Given the above in international law and in accord with Section 4(1) of the International Covenant on Civil and Political Rights, and to which we are a signatory, there may be some difficulty in such a proclamation of a state of emergency in Trinidad.
Issues of legitimacy, necessity, proportionality and discrimination are bound to arise. Fuelling that public perception is the lack of cohesive statements emanating from the Government’s side, together with the perhaps less than inspirational and convincing arguments following the parliamentary debate for an extension to the SoE.
Strategic targets
What is of urgent and compelling public interest and needs attention is the apprehending and incarceration of all the major players—small to large—involved in the illegal arms and drug trade. This brings me to the arguable point, that this alleged governmental “war on organised crime” ought to be waged in a precise and strategic manner, with no friends or favours. But does this Government possess the political will to do so? Unlike the US which prepared the USPATRIOT ACT before 9/11 and then legislated quickly after, the anti-gang legislation was passed around August 15, and effected immediately on August 21, based on so called intelligence reports. However, in the Government’s attacks on criminals and gangs, it seems to have forgotten those who are allegedly involved in sophisticated “white collar criminal operations,” or is it that they are above, beyond and out of reach of the law?
In the interim, what the nation has observed thus far like the elimination of the Dole Chadee and Aldwyn King gangs, is Phase Two of the elimination of some competitors involving gangs in the illegal drug trafficking, and known to the law enforcement authorities, whilst the hegemonic structure of who’s who in control and facilitate the illegal trade remain intact. In essence, the so called “state of emergency” whilst not meeting the threshold test of what constitutes a genuine state of emergency is in essence a fight against organised crime. The challenge with this fight is very complex as there may very well exist a hybrid connection between financiers of political parties, bankers, government officials, politicians, and in turn the business facilitators involved in the greed for filthy lucre.
Look for example at the involvement of officialdom in the diesel racket trade, in the human trafficking trade. Who from the national security agencies use to rent weapons to criminals to “put down wuk?” Who are accustomed to facilitating arrivals of unchecked containers? With all the local, regional and international treaties and legislations that we have signed and ratified, why are there so much drugs and guns entering the country? Why are the official facilitators from the Government side not arrested by any counter-intelligence sources?
What we have is a nation seduced by the international criminal networks, with local connections that have since passed the predatory state and have been promoted from the parasitical state. According to Peter Lupsha, “They develop a corruptive interaction with legitimate power sectors and mold their control of a territorial base) to the symbiotic state, where the equal parasitical bond between organised crime and the political system becomes one of mutuality.” In this way, Lupsha states that “the host becomes dependent on the parasite to sustain itself. When organised crime reaches the symbiotic stage, it is no longer a law enforcement problem, it is a matter of national security.”
To date, there is still no valid evidence given by the executive to substantiate that action. Emergencies can be corrosive of democracy if they are claimed “on grounds that involve bad faith, manipulation of evidence, exaggeration of risk or the prospect of political advantage.” Any assessment of emergency action obliges three questions—Is the action authorised by law? Are the extraordinary measures authorised by this law proportional and adequately linked to the assessment of these threats? Does the law contain provisions for the review and termination of these powers?
In addition, the European Commission in the Greek case described four characteristics of a public emergency as follows (a) it must be actual or imminent; (b) its effects must involve the whole nation; (c) the continuance of the organised life of the community must be threatened; and (d) the crisis or danger must be exceptional, in that the normal measures...are plainly inadequate. Furthermore, the International Law Commission looked at the definition of public emergency to constitute four basic elements—territorial scope, magnitude of the threat, temporary status of the public crisis and official proclamation. Given the above in international law and in accord with Section 4(1) of the International Covenant on Civil and Political Rights, and to which we are a signatory, there may be some difficulty in such a proclamation of a state of emergency in Trinidad.
Issues of legitimacy, necessity, proportionality and discrimination are bound to arise. Fuelling that public perception is the lack of cohesive statements emanating from the Government’s side, together with the perhaps less than inspirational and convincing arguments following the parliamentary debate for an extension to the SoE.
Strategic targets
What is of urgent and compelling public interest and needs attention is the apprehending and incarceration of all the major players—small to large—involved in the illegal arms and drug trade. This brings me to the arguable point, that this alleged governmental “war on organised crime” ought to be waged in a precise and strategic manner, with no friends or favours. But does this Government possess the political will to do so? Unlike the US which prepared the USPATRIOT ACT before 9/11 and then legislated quickly after, the anti-gang legislation was passed around August 15, and effected immediately on August 21, based on so called intelligence reports. However, in the Government’s attacks on criminals and gangs, it seems to have forgotten those who are allegedly involved in sophisticated “white collar criminal operations,” or is it that they are above, beyond and out of reach of the law?
In the interim, what the nation has observed thus far like the elimination of the Dole Chadee and Aldwyn King gangs, is Phase Two of the elimination of some competitors involving gangs in the illegal drug trafficking, and known to the law enforcement authorities, whilst the hegemonic structure of who’s who in control and facilitate the illegal trade remain intact. In essence, the so called “state of emergency” whilst not meeting the threshold test of what constitutes a genuine state of emergency is in essence a fight against organised crime. The challenge with this fight is very complex as there may very well exist a hybrid connection between financiers of political parties, bankers, government officials, politicians, and in turn the business facilitators involved in the greed for filthy lucre.
Look for example at the involvement of officialdom in the diesel racket trade, in the human trafficking trade. Who from the national security agencies use to rent weapons to criminals to “put down wuk?” Who are accustomed to facilitating arrivals of unchecked containers? With all the local, regional and international treaties and legislations that we have signed and ratified, why are there so much drugs and guns entering the country? Why are the official facilitators from the Government side not arrested by any counter-intelligence sources?
What we have is a nation seduced by the international criminal networks, with local connections that have since passed the predatory state and have been promoted from the parasitical state. According to Peter Lupsha, “They develop a corruptive interaction with legitimate power sectors and mold their control of a territorial base) to the symbiotic state, where the equal parasitical bond between organised crime and the political system becomes one of mutuality.” In this way, Lupsha states that “the host becomes dependent on the parasite to sustain itself. When organised crime reaches the symbiotic stage, it is no longer a law enforcement problem, it is a matter of national security.”
Ministry of Tourism omits the national instrument from a Tourism month ad.
Pan Trinbago president Keith Diaz has slammed the Tourism Ministry on an advertisement for national tourism month in T&T because of the lack of a depiction of the national instrument, the steelpan. The ad appeared in a daily newspaper last week. At a press conference at Pan Trinbago’s Park Street office on Friday, Diaz said other Caribbean islands used the pan symbol to promote their festivals and culture yet T&T was neglecting pan when promoting tourism. “How can other countries use the instrument that was founded in T&T and we don’t?” asked Diaz. He added that the advertisement would go online for the world to see without steelpan being represented. Diaz also called on the Government to fulfil its promise of funds for the building of Pan Trinbago’s headquarters.
He said it had been over a year since Prime Minister Kamla Persad-Bissessar had made the promise to financially assist with the construction of the organisation’s headquarters in Trincity. “We have found a contractor but we need to still wait for money to be released to us so that we could start the project,” he said. Diaz revealed that he had a meeting scheduled with officials from the Public Transportation Services Corporation (PTSC) to discuss the more than $100,000 in damage to the Arima Golden Symphony Panyard. He said he objected strongly to the treatment of T&T’s national instrument. He described the situation a disrespect. Both Minister of Arts and Multiculturalism Winston Peters and Tourism Minister Rupert Griffith could be reached for comment yesterday and messages left were not returned.
Monday, 18 April 2011
Wendy Fitzwilliam Gets Fired
Wendy Fitzwilliam is Fired by People's Partnership Government
Almost 13 years after Miss T&T Universe 1998 Wendy Fitzwilliam made this country proud, the beauty queen is set to be sacked from her government job. Fitzwilliam, 38, is the vice president (VP) of Investment Promotions Division at Evolving TecKnologies and Enterprise Development Company Ltd (e-Teck). The company formed part of former prime minister, Patrick Manning’s brain child Vision 20/20 plan. It was aimed at becoming a significant partner in the sustainable development of T&T by diversifying the country’s non energy sector and export base.
When contacted last week, a free spirited Fitzwilliam confirmed that the position she currently holds at e-Teck was advertised. Asked if she was given an opportunity to re-apply, the beauty replied: “No.” “We were told it is a restructuring exercise. I am just observing and looking on. I am waiting to see what is going to transpire. I am continuing to work as normal until otherwise.” The beauty, who also holds a LLB and was admitted to the Bar in 2000, however, suggested that a policy decision should be taken regarding recruitment at state enterprises.
“The performance of none of the executive members were called into question. Normally before positions are advertised, interviews are conducted internally. I am of the view that some policy decisions should be put into place regarding state enterprises to ensure that such actions do not come across arbitrary,” the former beauty queen said.
Defending the decision to recruit new staff, line minister for e-Teck Minister of Trade and Industry Stephen Cadiz said decisions were taken based on evaluations. “Evaluations were conducted and if it was felt people were not suited for the position, the posts were advertised. From what I understand the company that was hired to deal with recruitment has almost completed the job. “We advertised for a number of senior executive positions and created some new positions because when we came into office there was a number of things that had to be done. There were huge cost overruns and we had to do a complete reorganisation.” Cadiz, however, denied allegations that existing staff was not given the opportunity to re-apply for jobs.
Saturday, 16 April 2011
Constituents Angry at UNC Couva North MP Ramona Ramdial : "No performance, motorcade and that was it, we get a nice bye bye"
Verbal blows for MP Ramdial
Couva North MP Ramona Ramdial came in for some verbal blows from Carli Bay, Couva resident, Mahadeo Ramdeen, 47. Holding posters of former Couva North MP Basdeo Panday and Ramdial, a disgruntled Ramdeen started demonstrating yesterday morning in front of Chin’s Grocery. It was before the start of a walk in the area by Ramdial and Dr Glenn Ramadharsingh, the Minister of the People and Social Development. Ramdeen accused Ramdial of non performance and only making campaign promises. He said his community suffers from a plethora of infrastructural problems and was not being assisted by Ramdial. He said: “Since the general election she pass in the motorcade and that was it, we get a nice bye bye.” Ramdeen said Panday should have stood on as the Couva North MP. He, however, did not elaborate. Ramdeen, 47, who works on the Point Lisas Industrial Estate, continued his demonstration on the bridge in front of his house.
Ramdial: Everybody will be represented
Ramdial said Ramdeen’s claims were not true. “That is not true, he did not speak with me. Everybody who speaks with me will get representation.” Ramdial said there are plans to regularise the squatting community in Carli Bay, fix the infrastructure and assist residents living below the poverty line. She said the Government was also to bring relief to the residents living in the nearby Couva North Housing Development. The residents at the HDC have complained of bad roads and drains in the area. Sean Anthony, resident of the HDC Phase 2 development, said they are only getting excuses, “old talk” and promises from the relevant authorities; no action.
Vasant Bharath Says Its OK to Illegally Occupy State Lands.........Once You Plant Something
OK TO SQUAT
Agriculture Minister tells farmers already on State property:
THE Government has given the green light for farmers to squat on State lands. However, they must plant the land if they intend to occupy it, Food Production Minister Vasant Bharath said yesterday. He made the statements during an interview with Fazeer Mohammed on TV6's Morning Edition.
Tuesday, 1 March 2011
Property Tax Lies
COP leaflets against tax
October 8 2009
COP deputy leader, Prakash Ramadhar, and party official Dr Navi Muradali at City Gate yesterday led party members to protest the Government’s planned hike in property tax by distributing leaflets titled, “Axe the tax — Leave my home alone!” A similar exercise was also conducted yesterday at the same time at Chaguanas, said Ramadhar.
Back to the old law
February 24 2011
Hours after Opposition Leader Dr Keith Rowley broke news of the Government’s move to introduce and approve legislation to approve a new property tax bill, Legal Affairs Minister Prakash Ramadhar said he fully supported the initiative.
Ramadhar had been among the leading critics of the Property Taxes Bill introduced by the former PNM government in 2009. Ramadhar said it was not true to say that the Government was reintroducing the property tax. “The property tax which they (PNM) envisaged, we have removed that.”
Told that the new bill proposed a SEVEN-AND-A-HALF PER CENT RATE OF TAX for residents as opposed to THREE PER CENT under the PNM bill, the Legal Affairs Minister said: “Well, I am saying that we are returning to what was there before, which the population had found comfort in and had found great fear in the legislation they brought. “That’s as simple as I could put it,” he insisted.
Kamla Persad-Bissessar believed there weren't enough 'Indian' Judges in the Caribbean Court of Justice
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