The planned two-day shutdown of Tobago businesses is unlikely to occur following talks yesterday between the Tobago House of Assembly and the Chamber of Commerce’s Tobago Division, Trade Minister Paula Gopee-Scoon admitted yesterday in the Senate.

Responding to queries on the collapse of sea bridge and its ramifications, Gopee-Scoon said, “Government understands the concerns of the business community in Tobago and the effect of the ferries on Tobago’s economy. But there’s really no need for shutdown, even though we admit the situation is critical.

“The genesis is the ferry matter. Government has found solutions to this. One being the Galleons Passage vessel ,whose arrival we expect pretty soon. So there’s no need for a shutdown, which will only have a negative effect on the economy. What’s necessary is constant collaboration.”

Saying the THA had made with the Tobago Chamber, she said, “There were some frank and fruitful discussions. There’s unlikely to be a shutdown because there was engagement yesterday on the issue and the impact of the ferry issue on the economy. I don’t want to pre-empt the outcome, but I doubt very much there’s going to be any question of a shutdown in Tobago for two days.”

Gopee-Scoon said THA Finance Secretary Joel Jack was among those who met the Tobago business community for “deep lengthy discussions on solutions not only on ferry issues, but also how we can move to help restore businesses.”

Works Minister Rohan Sinanan, replying to other Opposition questions, reiterated that the Port Authority had removed the T&T Express from the ferry service for safety reasons until all outstanding work is completed. He said the ferry had been handling the passenger service alone, doing the crossing in four hours and was overdue for statutory maintenance. He said the T&T Spirit was also initially scheduled to resume service yesterday, but there’s still outstanding work to be completed on it. That vessel’s now expected to resume operation on or before March 22, he added.

He said from now until March 23, people can purchase ferry tickets and will be accommodated on CAL flights at no extra cost. Passengers with vehicles will be shuttled to the airports (in Trinidad and Tobago) by PTSC. He said CAL is also putting on extra flights and bringing in additional airlines to accommodate passengers going to Tobago. Over March 13-22, only tickets for the Cabo Star can be bought, he added.

Yesterday also, Senate President Christine Kangaloo allowed a request by UNC Senator Taharqa Obika, who sought debate on the ferry issue as a matter of urgent national importance. He noted the crisis caused for Tobagonians as a result of the ferry problems.

Works and Transport Minister Rohan Sinanan has confirmed that retired Defence Force Commander Lyle Alexander is the Government’s pick to replace Allison Lewis, who resigned as chairman of the Port Authority of Trinidad and Tobago (PATT) board last Friday. But there is no word on when Alexander will take the oath of office.

However, no other members of the board which Lewis chaired are being replaced.

Alexander chaired a three-man committee which was appointed in July last year to examine the general operations of PATT.

The report submitted late last year to Sinanan recommended, among other things, the privatisation of the inter-island sea bridge.

Contacted yesterday, Inter-Island Transport Committee chairman Diane Hadad, who is also a member of the Tobago Chamber of Commerce, said she did not know about the “expertise of Mr Alexander,” but said if there was ministerial/government interference at the Port, “no board chairman will get to carry out their role and function properly.”

She blamed Government interference for the collapse of the sea bridge, saying the “very two people they sidelined and dumped by the roadside, Charmaine Lewis and Leon Grant, had the port running eh! There is no expertise there now, other than the fact that Government officials have put their hand tooth and nail in and totally dismantled the port.”

Hadad said the chamber had also warned the Christine Sahadeo-led board not to “interfere in the manner they were interfering and then Rohan Sinanan stepped in and the Allison Lewis-led board, we told them do not interfere because the sea bridge was holding up by shoestring and crazy glue.”

Hadad said it was disappointing that the “PNM Rowley-led administration has failed Tobago,” adding she did not know what “is their point or course of action to regain the confidence of the business community and the silently pained Tobagonian.”

Prime Minister Dr Keith Rowley has options to stop Chief Justice Ivor Archie from proceeding on a six months sabbatical leave approved by President Anthony Carmona, a decision which has caused a fire storm of criticism within and outside the judiciary.

These options include directing the treasury not to pay the CJ for the six months, or triggering Section 137 of the Constitution, something which the Government has maintained it would not do despite accusations in the public domain about the CJ.

As Carmona responded late Monday evening to Rowley’s request for an explanation on the authority used to grant the sabbatical leave by reaffirming his decision, legal experts maintained the President had no power to approve the sabbatical leave.

Carmona claimed there was a “legitimate expectation of the CJ,” based on the debate in Parliament on the 98th report of the Salaries Review Commission, that he was entitled to the leave.

In a brief press release late last night, Rowley said he had had the benefit of senior counsel advice after receiving the President’s response and will report to the country on the issue tomorrow after Cabinet meets.

The legal experts the T&T Guardian reached out to yesterday preferred to speak off the record, but suggested some sort of collusion between the President and the CJ.

One senior counsel said the CJ “does not report to the President but he knew he could not get the leave through the Government because they would not have approved it, so he got the President to approve it.”

The senior counsel, who has constitutional expertise, said the “President does not have any power to make decisions like the one he made. The President’s powers are limited to what is in the Constitution in respect of appointments. But the Cabinet, under section 75, has the full authority to make decisions on matters of policy.”

He explained that no report of the Salaries Review Commission is law.

“For that to be law, to be acted upon by the government, it has to be approved by the Cabinet and implemented by the Cabinet.”

However, the SRC report, as it related to sabbatical leave for judges, was not approved by the Cabinet and it’s for this reason legal authorities said the “President acted outside of his powers.”

What can happen now, legal experts added, is that the “Cabinet can decide that it is not acting upon the approval and it is not releasing funds for it.”

Legal sources said Rowley now has the authority to say the decision was “unlawful, null, void and of no effect,” and can direct the treasury not to release funds to pay the sabbatical.

“The Prime Minister cannot wash his hands and allow the President to run the country and usurp the functions of the Cabinet,” one senior counsel told the T&T Guardian.

Rowley only found out about the CJ’s sabbatical when the President’s Office wrote to him asking if he was okay with Justice Alan Mendonca being appointed to act as Chief Justice. The PM then wrote to Carmona asking on what authority he approved the sabbatical.

The Guardian was told that having deferred his departure from the country last Sunday on the request of then acting President Christine Kangaloo, the CJ was scheduled to depart for Washington today. But sources in the judiciary questioned the timing of Archie’s departure. If allowed to proceed on the sabbatical leave he will not be in the country for the swearing in of the country’s first female President Paula-Mae Weekes next week.

Ironically, Weekes was the chair of the committee set up by Archie in 2014 to look at the issue of sabbatical leave. The committee came up with a draft document and Weekes herself had applied for sabbatical leave but the request was denied by Archie. If he proceeds on the sabbatical leave, Archie will be the first judge to proceed on sabbatical leave.

KHAN: PARTING SHOT FROM PRESIDENT

Legal sources said Prime Minister Dr Keith Rowley was “quite right to raise the question as to how does this arise, because the money to pay for the judge will come out of the treasury and was this an entitlement of the judge.”

According to one legal mind, the PM had a right to be concerned because the state would be paying money to a judge who is not doing the work he is paid to do.

“Assuming there is no entitlement and the CJ goes away as planned, the Prime Minister can say to the treasury don’t pay him or he can say you have abandoned your job and direct that the CJ come and answer under Section 137.”

It is for these reasons the T&T Guardian was told the Prime Minister is not powerless in the matter.

Israel Khan SC was one of the few legal minds willing to speak on the record.

He said, “If the Prime Minister received strong legal advice that the President had no authority to grant this sabbatical, it means there was some sort of agreement between the CJ and the President to allow him to go on this sabbatical.”

He said if allowed to proceed Archie’s sabbatical will set a precedent for other judges to follow.

Khan was of the view that “both the CJ and the President have outmanoeuvred the Prime Minister.” He said what the President had done “in plain language, is indicate to the PM of this country, who is in charge of the Cabinet which governs the country and is accountable to the Parliament, in this very grey area of granting a sabbatical, that I have done it and there is nothing you can do about it.”

He said “if this is not sufficient to trigger a 137 investigation, well I do not know what will be sufficient. When you take the cumulative accusations which the CJ has not refuted and this, this is the straw that will break the camel’s back.”

Khan described it as a “parting shot from the President, who told us from day one that powers we do not believe that he has, he has.”

The CJ, he said, had not only brought the office of Chief Justice and the judiciary “into disrepute, he has brought the Office of the President into disrepute and now they are ridiculing the Prime Minister.”

But another senior counsel said “the Prime Minister must tell the country that the decision of the President is unlawful and the Government is not going to accept that.”

BACKGROUND

Chief Justice Ivor Archie wrote to President Anthony Carmona in November last year requesting the sabbatical leave, indicating that he needed time to “rest, reflect and undertake a programme of study that will have important implications for the jurisprudence of Trinidad and Tobago as well as other Caribbean states.”

He argued that “academic writing in the particular area of study that I propose to undertake is almost non-existent.” He said the Federal Judicial Centre in Washington DC had approved his application to be its visiting Foreign Judicial Fellow for a period of up to six months.

By letter dated November 6, 2017, the Director of International Judicial Relations Office at the Federal Judicial Centre Mira Gur-Arie wrote to Archie informing him that his application to the center’s Visiting Foreign Judicial Fellows Program had been accepted.

The proposed fellowship she said for a period of 4-6 months beginning in March 2018 was “acceptable.”

Two days later Archie wrote to Carmona seeking permission to be out of the jurisdiction for a six month period from March 11 to August 2018. By letter dated February 5, Carmona approved the sabbatical leave.

However, it was only when the request to the PM was made by President’s House to appoint Justice Alan Mendonca as the acting Chief Justice for the six-month period that the PM became aware that the CJ would be out of the country for the six-month period.

The PM wrote to Carmona asking for answers on his approval of the sabbatical leave.

On Monday in his response, Carmona reaffirmed his decision. On receipt of the response PM Rowley informed the country in a brief press release that he was “examining the situation and will report to the country in short order.”

SECTION 137 OF THE CONSTITUTION

Under Section 137 (3), Prime Minister Dr Keith Rowley has the power to communicate to President Anthony Carmona about investigating whether the judge/Chief Justice should be removed from office.

The process for impeachment of a judge:

The Prime Minister refers a report of misbehaviour to the President.

The President calls a tribunal of eminent judges to investigate the allegation.

The tribunal gets back to the President with the results of their investigation and, if necessary, a recommendation.

Where necessary, the matter is either handled immediately, or taken to the Judicial Committee.

.If suspension of the judge is required, it is at the President’s discretion to revoke the suspension, acting on the advice of the Prime Minister.

The last time section 137 was invoked was in 2006 under deceased Prime Minister Patrick Manning and involved then CJ Sat Sharma.

The President appointed the three-member tribunal comprising Lord Mustill, Denis Morrison and Sir Vincent Floissac to investigate allegations of misbehaviour levelled against Sharma. The Mustil report cleared the CJ of any wrong doing.

The political leader of the United National Congress Kamla Persad-Bissessar said she does not intend to “go backwards,” and in her vision for the UNC “is to marry those with solid experience, with those who have new bright and fresh ideas.”

In one fell swoop, she also made it clear that the UNC will not be going into an alliance with any third party.

The UNC leader made her position clear on the issue in the midst of public statements made by one of her sitting Members of Parliament Dr Fuad Khan that the party needed to unite to win the next election and he had initiated discussions with UNC founder Basdeo Panday, his daughter Mickela Panday and others.

Speaking at a public meeting in St Joseph on Monday night, Persad-Bissessar said while “we welcome anyone who is willing to work for the people of Trinidad and Tobago and in the interest of Trinidad and Tobago, the 1970’s, 1980’s and 1990’s were very different times to today.”

She said the party needed “new faces, new voices, new strength. We need the young people of our party and of our country to come forward. We are not going backwards,” she said.

Persad-Bissessar said “there are those who are looking for a place in the sun,” a reference to the party’s political symbol.

She urged supporters not to get “side-tracked,” by “the bleatings and cries of a few who think this party is not united.”

Her response to them was simply “this party has never been more united than it is today.”

The UNC leader said the party was not interested in any alliances, “for those who think we need crutches and props to win, get thee behind me. The UNC can win alone.”

She said some had been “spreading a narrative but I am not falling for third party tricks. You and all your members could fit in one maxi.”

The UNC, she said, had the “confidence” that it can win alone.

Commenting on the statements, Political analyst Dr Maukesh Basdeo said Persad-Bissessar appeared to have analysed the party and had found that it was stronger now, hence her reference to those looking for a place in the sun.

He said “using the concept of the party where it is now coming from the local election and then internal election if you compare the current administration as a party, she could say that the UNC stands much stronger than the governing party.”

Basdeo said Persad-Bissessar had “used the Sunday Guardian polls as a way of benchmarking the role and function of the government and in that context, she said the party is in a much stronger position now than it was since 2015.”

He said she had sent a signal that she was not “keen” on discussions with people who were past or former members, but is placing more emphasis on the younger members “for what we call succession in the future.”

Basdeo said people like Basdeo Panday would come with institutional knowledge of the party but he said Khan who initiated the discussions “may have realised that the time was not right to have such unity discussions.”

Babies develop a resistance to life-saving antibiotics from exposure to bacteria in hospital wards among other places, according to Director of Women’s Health Dr Adesh Sirjusingh.

His comments came days after pre-term baby Isaiah Ram died at the cramped Neonatal Intensive Care Unit of the San Fernando General Hospital, which his parents believe is contaminated with bacteria.

In an interview yesterday, Sirjusingh said that resistance to antibiotics is not a problem for babies alone but also for the elderly.

“This antibiotic-resistant bacteria are becoming more common especially since we are not developing any new antibiotics,” Sirjusingh said.

He said that antibiotic-resistant bacteria are not controlled or killed by antibiotics.

“They are able to survive and even multiply in the presence of an antibiotic. Most infection-causing bacteria can become resistant to at least some antibiotics,” he said.

Asked what was the cause of this, Sirjusingh said the World Health Organization stated that misuse of antibiotics can cause people to develop resistance to antibiotics.

Admitting that T&T’s national infant mortality rate could be improved, Sirjusingh said the rate stands at 12 per thousand live births.

Sirjusingh said this was because doctors do not practice termination of pregnancies, unlike other countries where the rate is lower.

“When we compare the infant mortality figure we are fairly similar to the better countries of the Caribbean like Barbados. We are better than most of Latin American countries and Cuba,” Sirjusingh said.

However, he said T&T is ranked as high income and compared to countries like Japan, the statistics could have been better when ranked on the global scale.

Sirjusingh, a specialist gynaecologist and obstetrician, said the Ministry of Health has been working towards bringing down the maternal morbidity rate.

“Our next project is to reduce infant mortality and this is what we are trying to do,” Sirjusingh said.

He noted that at the Port-of-Spain and San Fernando General Hospitals the infant mortality rate stands at six and seven per 1,000 live births. He said that the Southwest Regional Health Authority has 5,000 live births per year.

On Saturday, baby Isaiah died at the Neonatal Intensive Care Unit (NICU) and his parents, Kurt and Nadie Ram, blamed the Ministry of Health for keeping the babies in a ward contaminated with bacteria.

The child was born on December 27, last year 14 weeks premature and had been kept at the hospital getting treatment since then.

Health Minister Terrence Deyalsingh commenting on the child’s death on Monday said “The underlying problem is babies are being born with antibiotic-resistant bacteria. We have taken immediate measures to rearrange the neonatal intensive care unit.”

On March 5, Randy Jaglal and his wife, Nazaran, complained that their brain-damaged son, Riley, also got a bacterial infection because of unsanitary ward conditions.

Deyalsingh said the matter is already being addressed and NICU will be relocated to a separate location where Wards 15 A and B is currently located. Director of Health Dr Albert Persaud said the existing NICU is being rearranged so there is ample spacing between cots.

Both parents are threatening to take legal action for negligence. Baby Isaiah will be laid to rest today at Belgrove’s Funeral Home.

La Brea resident Jimmy Huggins who spent 13 years in prison awaiting trial on a murder charge was freed yesterday after a jury took less than an hour to find him not guilty.

In an immediate response, his attorney Rekha Ramjit slammed the judicial and legal aid system which she said were in shambles.

Huggins, 33, went on trial last month in the San Fernando First Criminal Court charged with the murder of mini-mart owner Dalip Rambharose who died from a heart attack.

Rambharose, 53, was attacked by two men at his Sobo Village, La Brea business place on May 2, 2003. One of the men, who the State alleged was Huggins, chopped Rambharose on his thumb which had to be subsequently amputated.

Rambharose died 15 days after the surgery from a heart attack caused by a blood clot.

The State, represented by attorney Stacy Laloo-Chong and Shabaana Shah, relied on medical evidence to try to link the injury to his death. The State alleged Huggins admitted to the police upon his arrest in May 2005 that he chopped Rambharose.

Huggins did not testify at his trial but he denied, through his attorney, of being involved in the robbery, making the utterances to the police and signing any documents.

Told by Justice Carla Brown-Antoine that he was free to go, Huggins became emotional and began wiping his eyes. Huggins was first tried in 2016 but a retrial was ordered. Speaking in front the High Court, Ramjit recalled a similar case last month where her client, Ira Mitchell, was freed after spending 12 years in jail on a murder charge. Ramjit said in both cases much depended on medical evidence.

Ramjit, who was instructed by attorney, Hazel Castro, said in such cases the State must ensure it has proper medical evidence before someone is charged.

She said, “It is unfortunate that he spent that many years of the prime time of his life and then to be found innocent and now have to start all over again. And I am sure there are many, many people whose cases have been sitting there 12 to 15 years some of whom may be innocent. It is extremely unfair that the judiciary seems to be finding itself in more and more problems every single day, none of which assist in speeding up the delivery of justice.

“Whether a person is innocent or guilty they ought to know that at an earlier stage that has been happening and it seems to me the time that is being spent in prison is longer and longer before you can get access to justice. I would say that the legal aid system and the judiciary are falling apart and I say that without apology.”

Embraced by his mother, Erica Saunders, and Nneka Sylvan, Huggins thanked God, Ramjit and his family for their support over the years.

He said, “I come in jail 19 going on 20. I is 34 this year. My daughter going on 14 years this year I just want to go home and hug she up and be with my family.”

He said there were plenty innocent people in jail.

“Jail is not a nice place. I will not wish it on my worst enemy.”

Huggins, a fabricator and seafarer, said he intends to look for work to support his family.

Members of the Coastal Protection Unit returned to Bamboo Village, Cedros yesterday to continue ongoing research into the massive erosion which caused the destruction of several homes in the community and threatened a significant segment of the seaside community.

A report is expected to be submitted to the Works and Transport Minister Rohan Sinanan, Siparia Regional Corporation and senior fire officer at the Cedros Fire Station Keith Siberan.

Recommendations made so far suggest that artificial reefs could be used to stop the force of the waves which is causing the landmass to cave into the sea.

Geologist Xavier Moonan said planting of marine vegetation can also assist in breaking the pace of coastal erosion.

Meanwhile, local government councillor for the area Shankar Teelucksingh said two families who were given keys to new homes on March 7, at Lakeview, Point Fortin, have still not moved.

“We are assisting with the relocation.

So far, six families have already left the area but we will be assisting the last two families over the next few days,” Teelucksingh said.

Minister of Housing Randall Mitchell said yesterday that negotiations for permanent resettlement will begin soon and should be completed within the next six months.

On February 26, the families had to be evacuated after massive coastal erosion caused a house to fall into the sea. Four homes belonging to Leroy Joseph, Latiff Mohammed, Deomatie Mohammed and David Samuel were also on the periphery of the 1,000 feet cliff and their families had to be evacuated.

About 400 metres of the Bamboo Village, Extension Road collapsed into the Columbus Bay during the erosion which swallowed a house owned by Charmion Gunness.

Electricity poles were also torn down, rendering the village without power.

The area has since been declared a disaster zone.

The Congress of the People’’s (COP) upcoming national executive election next month is expected to complete the party’s revamping process.

COP leader Carolyn Seepersd-Bachan and COP chairman Jamieson Bahadur both confirmed this.

The election is on April 15 when executive posts will be contested. All members who joined COP on or before October 15, 2017 are eligible to vote or contest posts, a COP statement added.

Nomination day for candidates is March 26. Those who wish to withdraw can do so up to April 10. Only people on COP’s voters’ list will be allowed to vote. A voters’ list will be issued on March 25.

COP will also feature online voting for members. Pre- registration for on-line voting is April 7, the party stated yesterday

Voting for the election will take place in San Fernando, Chaguanas, Tunapuna, Arima, St James and Tobago.

Seepersad- Bachan assumed leadership last year and since then the party has been reformatting systems and party organs.

In synch with the new profile, the COP has also moved headquarters from the Charlieville location it had for years to another location at The Res Integra Building, 151 Southern Main Road, Edinburgh Village,

Chaguanas. Nominations for the upcoming executive elections should be submitted at that location.

Seepersad-Bachan, who is completing law and other studies, said following the executive polls, COP’s external thrust will go into high gear. She said several party organs have been formalised including the parliamentary caucus and units targeting youth input.

Seepersad Bachan panned both the Government and Opposition at the recent mid term mark. She said the Government has particularly failed to cater for youth development while the Opposition has been opposing issues for opposing sake.

A Valencia man has been charged with murder.

Keon Francis aka ‘Boyo’, 21, a mechanic, of Gill Street, Valencia, is also charged with possession of firearm and ammunition following advice received from Deputy Director of Public Prosecutions Joan Honore-Paul on Monday.

He is charged with the murder of Andre Cruickshank, aka ‘Zion’, and three counts of shooting with intent against the victim’s friends.

Cruickshank, 31, a driver, of Flamboyant Crescent, Valencia, was with a group of friends at a bar located at Quarry Road, Valencia on December 14, 2017, when a masked man riding on a bicycle approached them.

The assailant pulled out a gun and fired at the group. The victim received several gunshot wounds to the neck and was taken to hospital, where he died one month later, on January 19, 2018. The victim’s friends escaped unharmed.

Investigations were supervised by Insp Shaun Craig, Insp Christopher Prentice and Sgt Andrew Stanisford, all of Homicide Bureau of Investigations, Region 2, while Francis was charged by Sgt Anthony Pierre, of the Valencia Police Post on Monday.

Police said they have questioned several people in connection with the murder of Melissa Tricia Emmanuel who was shot dead last Friday in a PH taxi along Wrightson Road, Port-of-Spain.

Emmanuel, 36, of Mt Pleasant Road, Arima had moments before collected $7,000 from someone at MovieTowne and police believe she was targetted by an armed robber who boarded the car along the route.

Homicide officers said they were reviewing footage from various CCTV cameras to assist them to solve the case.

Yesterday, Homicide officers said the investigation was at a sensitive point and did not wish to divulge any further information.

However, officers said no suspects had been arrested and an active investigation was ongoing.

Prime Minister Dr Keith Rowley yesterday signalled that it was time for the contracts of multi-nationals in the energy sector to be re-opened and re-negotiated, so that citizens can reap the rewards from energy revenues. He added that as a country, we had incentivised ourselves into a financial loss position and it was time to change.

Rowley’s statement comes after stakeholders and commentators had called for the arrangements within the Supplemental Petroleum Tax to be changed because multi-nationals in the energy sector were no longer enjoying revenue from an oil price of more than US$100 per barrel.

But speaking at a conference hosted by the Ministry of Energy and Energy Industries yesterday at the Hyatt Regency, Port-of-Spain, Rowley noted that revenues from the energy sector had moved from $20 billion to $1 billion and T&T was justified in wanting to re-negotiate contracts which multi-nationals now hold.

“As we put our acreage out (for bidding) and they are successful or the major investment is successful, we get our return in taxes, we ought not to shy away from the business of the market place. We got ourselves into this situation because we shied away from knowledge of the marketplace-that is coming to an end,” the PM said at the conference, titled “Our Oil, Our Gas, Our Future, Spotlight on Our Energy.” (See Pages A13 & A15)

“It is against that understanding that we have worked for the last year and a half with Poten and Partners (a consultant), and we are ensuring what is the best advice available, so when we come to the table to talk in a zone of mutual respect, T&T is not disadvantaged. We welcome the investment into our country.”

What is clear, Rowley said, is that he is confident the multi-nationals will be receptive to the re-negotiated contracts.

“There is a willingness not to treat contracts as cast in stone. While contracts bind us to terms and conditions, if the conditions (in the global energy market) have changed dramatically, then the re-opening and the renegotiation is a reasonable demand of the people of T&T. We anticipate that our partners in this business will see our claim as a fair and just one. We anticipate that there would be some re-opening of contracts, so that at the end of the day, we can all benefit from the riches of T&T.”

Representatives of several multi-national energy corporations reserved comment when contacted yesterday on the Prime Minister’s statements.

Addressing the issue of well-educated young people who can’t get jobs in the energy sector, he said the Government has set out to look for young people and to find places for them in the energy sector.

Rowley also said there is need to diversify the economy, but said we should not turn our backs on the energy sector since it is a sector that must be anchored properly.

Also addressing the issue, former Energy Minister Conrad Enill said T&T cannot be giving fiscal incentives at a time when revenues are down.

He said,”If your revenues are down, your production is down, then you give fiscal incentives, it means you put the country at risk. I think today for me, re-confirms the fact that energy and finance must always be on the same page. If you go after energy and you try to explore, you try to go after acreage and you do so at a time when the country’s resources are low, you are going to put the country at risk.”

He added that at a time when T&T finds itself in the position it is in now, with changed conditions in the energy market, the only decision that must be made is to, “re-negotiate contracts. It means you are making sure that the companies are competitive, they are viable, but at the same time the share of profits need to be looked at.”

NGC/CNC RESOLVE IMPASSE

Prime Minister Dr Keith Rowley also announced yesterday that a new arrangement between the National Gas Company and the Caribbean Nitrogen Company (CNC) has been negotiated.

While he did not give the details of the arrangement, he confirmed NGC would resume supplying gas to CNC.

In a release last evening, NGC confirmed a new deal had been reached with CNC, adding they were now in the process of formalising the required legal agreement. It added that both companies thanked Minister in the Office of the Prime Minister Stuart Young and Minister of Energy and Energy Industries Franklin Khan for their support in resolving the matter.

CNC had shut down its operations in January after NGC cut its natural gas supply because the two could not agree on a new supply contract. CNC, which employs close to 400 people, eventually took the matter to the UK Court of Arbitration. The two companies eventually returned to the negotiation table last month.

Tempers flared at the Piarco Airport on Tuesday night as two domestic flights to transport ferry passengers who had been waiting for hours to get home were cancelled.

The passengers were offered a meal of fried chicken and chips as consolation.

Among the passengers affected were businessman James Lowry.

“Imagine after all them hours I waiting on standby and thinking I finally get through with a flight to Tobago I was told twice the flight delay. Then in two blinks, I find myself sleeping at the airport. Real pressure these people have to go through. It sad,” Lowry recounted yesterday.

“It had quite a few ferry passengers who were now forced to overnight like me. It must be frustrating,” he said.

At 5 am yesterday the passengers were given their boarding passes for the first flight out BW1500 which was expected to depart at 5.45 am, however, another incident onboard the aircraft led to further delay.

An overhead locker broke, the passengers were told.

“When we ready to roll and the airhostess was closing the overhead lockers one broke causing the overhead lockers to break down so we were told that we had to disembark for the maintenance crew to fix it. I must say they did well and we were back on the plane at 7.30am. We landed in Tobago minutes to 8am,” Lowry said.

“This is the frustration we can’t take...what is Rowley doing for we? It is Trinidad and Tobago...what going on in this place?”

Those were some of the remarks made by angry, frustrated and exhausted passengers who were in the Domestic Departure Lounge at the Piarco International Airport waiting to board a flight to Tobago on Tuesday night. Cell phone video footage of the incident was shared on social media.

Passengers were told that their 7.45 pm flight BW 1540 was delayed to 9.15 pm but they found it strange when they saw Caribbean Airlines’ (CAL) crew members walk through the door and headed out the terminal.

At about 10 pm, according to Lowry, a CAL counter attendant told the awaiting passengers there would be no more flights to Tobago for the rest of the night.

Already irate ferry passengers whose names were listed on the standby list since 3 pm responded in anger.

The stranded passengers were then instructed to go to the airport’s KFC outlet for a $40 complimentary meal.

Yesterday, through the collaborative efforts of the Port Authority and CAL the operation seemingly went smoother than Tuesday. Shuttled ferry passengers were brought to the airport and placed on standby, however, they were quickly accommodated on the domestic flights.

A Port customer service desk was also fixed opposite to the Domestic Ticketing Counter 2 where a Port representative was stationed to assist ferry passengers. This system is expected to continue until March 22 when the T&T Spirit will resume the sea run after its maintenance works would have been completed.

On Monday, the lone passenger ferry, the T&T Express, was pulled off the route because of maintenance issues. Since then, CAL has been called in to transport ferry passengers at no additional cost. Ferry passengers pay $50 for a one way trip, one-third the cost of a one-way airline ticket.

CAL’S RESPONSE

CAL’s Corporate Communications Head Dionne Ligoure said that there was a problem outside of the control of CAL on Tuesday night and added that there were no ferry passengers on that flight. She said the last of ferry passengers were moved before 6 pm on Tuesday.

She said yesterday morning’s flight was delayed because “of an issue that had to be rectified.” However, she said it departed at 7.13 am.

In a subsequent statement, the airline said its domestic operations have been enhanced to support the number of passengers affected by the disruption of the ferry service and to reinforce its regular schedule on the air bridge.

On Tuesday, CAL said it operated 38 flights on the domestic route which accommodated 2,756 passengers—1,148 on stand-by flights.

It said all passengers with confirmed ferry tickets were able to board flights. A total of 40 flights were expected yesterday.

A man from Valencia appeared in court yesterday charged with murder and other gun-related offences.

Keon Francis, a 21-year-old mechanic of Gill Street, appeared before Senior Magistrate Debra Quintyne in the Sangre Grande First Magistartes Court yesterday where he was remanded into prison custody after the charges were read to him.

He is charged with the murder of Andre Cruickshank, aka “Zion”, in addition to the possession of firearm and possession of ammunition and three offences of shooting with intent against the victim’s friend.

Police reported that on December 14, Cruickshank, 31, a PH driver, of Flamboyant Crescent, Valencia was liming with a group of friends at a Bar at Quarry Road Valencia, when a masked man riding on a bicycle approach them.

The assailant whipped out a gun and fired at the group. Francis received several gunshot wounds to his neck and was rushed to the Sangre Grande Hospital where he remained warded for one month after which he succumbed to his injuries.

His friends escaped unharmed.

Investigations were supervised by Insp Shaun Craig, Insp Christopher Prentice and Sgt. Andrew Stanisford, all of the Homicide Bureau of Investigations, Region 2. The charges were laid by Sgt Anthony Pierre of Valencia Police Post, following instructions from the Deputy Director of Public Prosecution Joan Honore-Paul on Monday.

Francis will reappear in court on April 11.

RALPH BANWARIE

Fishermen pulling in their nets in the Gulf of Paria yesterday got a shocking catch when they dragged in a mutilated corpse.

A report stated that around 6.30 am, the Coast Guard contacted the La Brea police to relay the information of a decomposed corpse found at sea.

The message stated that the captain of a fishing vessel was fishing off the coast of La Brea when he found the corpse tangled in his net.

When Coast Guard officers arrived at the body 3.2 nautical miles off the Brighton Port, they realised that the body had no head, hands and feet, and it was tied by a rope attached to two sandbags.

The body was brought to the shore were it was examined by a District Medical Officer but because of the state of decomposition, he could not determine the sex or ethnicity.

The body was taken to the Forensic Science Centre. PC Swan is continuing enquiries.

The Chief Justice, in a press release to the media yesterday, said he did not want the issue of him utilising his “sabbatical option” to “derail from truly important national business,” and will no longer be going on sabbatical leave. Instead, he said he be leaving the country on 35 weeks unutilised vacation.

He said “conscious of the consternation” which had been caused by the decision to “access my sabbatical option,” and in a “clear desire” to ensure that the heads of all arms of State are “not derailed from truly important national business by the issue, I have opted not to proceed on sabbatical leave.”

Up to late yesterday the CJ was still in the country. The T&T Guardian understands he has rescheduled his flight to the US for March 20. That means he will be in the country for the inauguration of the new President, Paula-Mae Weekes, on Monday.

The development came mere hours before Prime Minister Dr Keith Rowley is due to address the nation on the issue of the sabbatical leave approved by Carmona and which the PM had sought answers from Carmona on the authority under which the leave was granted.

Carmona has stood by his decision, saying Archie had a “legitimate expectation,” based on the recommendation in the report of the Salaries Review Commission and statements made in the Parliament by then leader of government business Dr Roodal Moonilal.

Rowley, who sought and received legal advice from a senior counsel, is widely expected to announce today that a tribunal will be set up to investigate Archie on the grounds of misbehaviour in public office. The decision, according to sources, will likely be on the basis that Archie had “misled” the President into granting approval to leave the country for six months, since he knew he was not entitled to sabbatical leave.

But Archie threw another salvo in the mix with his vacation announcement, adding: “I trust and pray that in my absence, in the interest of the country and of all judges of the Supreme Court, the issue of legal interpretation of the 98th Report of the SRC will be ventilated and clarified without ad hominem consideration.”

Webster dictionary defines ad hominem as— appealing to feelings or prejudices rather than intellect.

A new controversy began brewing last night after Chief Justice Ivor Archie suddenly shelved his six-month sabbatical leave, in the face of public query by Prime Minister Dr Keith Rowley over its legality, and announced he intended to proceed on over eight months accumulated vacation leave.

The announcement triggered an almost immediate response from Supreme Court judges and other legal observers about the vacation leave entitlement of the CJ.

The 98th Salaries Review Commission Report details the leave available to the Chief Justice. It states that the CJ’s vacation leave coincides with the “court vacation” for Christmas and Easter and an additional six weeks when the Supreme Court law term closes at the end of July.

Archie’s announced intention yesterday to proceed on 35 weeks unutilised vacation came hours before the PM is due to comment on the issue.

Last week, the Office of the President had approved Archie’s approval of his own sabbatical leave to pursue a fellowship at the Federal Judicial Center in Washingtion DC, United States.

Archie’s decision to head on sabbatical followed an unprecedented position where he took the Law Association to court over the body’s role to investigate serious allegations of misconduct against him, including the recommendation of people for State-subsidised housing and change of security arrangements for judges.

Senior Counsel Martin Daly yesterday described the Chief Justice’s move as “a surrender obtained as a result of the pressure of public opinion expressed through a few resolute voices.”

Daly said the concession does not put the Chief Justice “in the clear,” and “one only hopes,” that the Government “will find the capacity to be resolute regarding the outstanding issues surrounding the office of the Chief Justice in the public interest.”

On the vacation issue, meanwhile, Senior Counsel Avory Sinanan said: “Archie gets vacation every year just like any other judge during the court vacation. That does not amount to 35 weeks. Where in his contract of employment under the Judicial and Legal Service Commission Regulation is he entitled to 35 weeks?”

Sinanan also felt Archie’s latest position was “an admission that he was not entitled to sabbatical leave under the SRC Report and that is why he is now backtracking and claiming 35 weeks.”

“If it is that he has abandoned the idea of sabbatical leave, that is almost an admission and concession that he misled the President and is now asking for 35 weeks in terms of his entitlement. Why didn’t he not apply for the 35 weeks in the first place?” he asked.

He said Archie “should not have put the country in this position. He has again brought the judiciary into disrepute. If he was interested in country in the first place he would have decided whether he was legitimately entitled to sabbatical leave.”

Sinanan said Archie had “misrepresented to the President that he was entitled to sabbatical leave which is not true.” He said although the recommendation contained in the 98th Report of the Salaries Review Commission was passed by the Parliament “it is not law.”

He said when Archie informed the President that he had a “legitimate expectation,” based on the recommendation and the statement made by MP Roodal Moonilal, the President should have said to him “go to the High Court and get an order from a judge on the issue of legitimate expectation and I will give you leave.”

As far as Sinanan is concerned, “the President cannot decide what is, or what is not legitimate expectation. That is for the High Court to decide.”

He said, “If you go to the President and you tell the President I am entitled to a sabbatical, then you have misrepresented what is your entitlement and that needs to be investigated to determine whether it constitutes misbehaviour in public office.”

Sinanan said he again believes that “the door has been opened for the Prime Minister to invoke Section 137 of the Constitution. It is not a question of locking down the Treasury, two wrongs don’t make a right. The question should be whether you should be adjudicating on matters if you make a case on a false premise.”

Government sources yesterday said Chief Justice Ivor Archie’s decision to take vacation instead of his planned sabbatical to study in the United States had “somewhat” changed the situation for Prime Minister Dr Keith Rowley. They said the sabbatical was under heavy discussion by Cabinet officials since Carmona’s reply to Rowley on Tuesday.

Archie’s change on the sabbatical came on the eve of today’s Cabinet meeting, following which Rowley is expected to address the nation on the sabbatical issue. The PM refused to answer questions from the media on the issue during yesterday’s energy conference at the Hyatt Regency, saying he will deal with it today. What he may now say this afternoon is left to unfold following Archie’s change.

In a release on his decision yesterday, Archie said he would be “returning from time to time to T&T” during the period of his study. He said he had no outstanding judgements but didn’t say exactly how much of “a portion” of the vacation he’d use or when he’d begin vacation.

But a legal official said like the sabbatical, Archie again had to apply to the President for vacation, seeking appointment of an acting Chief Justice before he leaves. This again has to involve the Prime Minister. The T&T Guardian confirmed a letter from the CJ was sent to the Office of the President around 5.15 pm yesterday.

The legal source added, “His vacation is an entitlement. There should be no problem. If it’s acted upon speedily, he could be on vacation by weekend.”

If that materialises, Archie won’t be present to swear in President-elect Paul-Mae Weekes on Monday.

The sabbatical issue - the latest controversy following Archie - was particularly urgent since a chief justice was needed to administer the oath of office to Weekes.

But the legal source said, “The Chief Justice has acted to defuse the furore and relieved authorities of issues since he’s recognised this situation was being used for mischief-making in some spaces.”

Israel Khan SC meanwhile says Archie’s shift hasn’t convinced him.

“He’s making a mockery of the Office of the President, from whom he’d sought sabbatical and whom he convinced it should be granted on the basis of the SRC report. The President seems to have gone along with him and further told the Prime Minister he (Carmona) wasn’t changing it.

“But this ‘vacation’ tack is damage control on the CJ’s part. We need to know if he’s informed the President of withdrawal of the sabbatical application and applied for vacation now,” Khan said yesterday as a new controversy over whether the CJ was entitled to such vacation leave - including a potential stand-off between the PM and President - brewed.

Last week, Office of the PM spokesman Stuart Young had said if hurdles arose or the occasion called for it, Rowley would not be afraid of challenging the status quo and invoking Section 173 of the Constitution. This triggers the process to investigate if a chief justice has misbehaved in office.

Although T&T joined the world in celebrating the immense value of women last week, the issue of domestic violence rose to the forefront once again as La Brea mother Abigail Jones-Chapman, her daughter Olivia Chapman and friend Micheala Mason were murdered, allegedly by a rejected lover.

It is believed Jones-Chapman’s courageous landlord Michael Scott, 69, attempted to rescue them from their killer, but he too was beaten to death.

Police said around 9.30 pm Tuesday, a group of men who worked with Scott went to his Khani Settlement, Sobo Village, La Brea home after numerous calls to his phone went unanswered. Suspecting that something was wrong, they went to the La Brea police seeking help.

When they returned with Woman Sgt Taitt and Cpl Ramsaran, they found Jones-Chapman’s other two children, Kacy, 12 and Amy, eight, in Scott’s apartment. The officers became suspicious after calls at Jones-Chapman’s apartment went unanswered and attempted to force the door open. However, Scott’s body was slumped behind the door, blocking the officers from entering.

When they eventually got into the house, Scott, a retired and beloved history teacher of the San Fernando Central Secondary School, was found with his head bashed in. Jones-Chapman, 41, a Spanish and Physical Education teacher at the Southern Academy of the Seventh Day Adventist, La Romaine and Olivia, 16, a Point Fortin East Secondary School student, were found beaten to death in the living room.

Crime Scene Investigators were called in and while searching the apartment they found Mason, 14, in the kitchen with her throat slit. Police believe the murders occurred on Tuesday afternoon. Officers also found a cricket stump in the house which they believe was used on at least three of the victims.

Yesterday, relatives said Jones-Chapman split from her husband two years ago and when she needed a place to stay, Scott, who attends the La Brea Seventh Day Adventist Church with her, provided refuge. A year ago, she got together with the man suspected of the murders, but decided to break off the relationship a week ago.

Mason, who lives in another part of Sobo Village, had been visiting Olivia.

According to Jones-Chapman’s mother Christine Jones, last Thursday the suspect, who lives in Gonzales Village, Guapo, attacked her daughter with a knife. Jones said the police failed her daughter.

“They had a scuffle last Thursday, he tried to put a knife to her throat and he wrung up her hand. When she called and told me, I told her to go to the police and report it and she made the report. She went to the health centre and they said that they were going to pick him up, but they never did.

“Sometimes I don’t understand, when people make reports, look into the matter right away. Don’t wait for a day or two days because you don’t know what the person is thinking,” Jones said.

Jones said her daughter began to feel uncomfortable over the control the suspect wanted to enforce.

“He would tell her what to wear, where to go and who to speak to. To tell you the truth, my family don’t accept that,” she said.

“I as the mother, ain’t accepting that. No one controls me more than God, so I told her, ‘try your best, get rid of that person, get out of that situation fast’.”

Jones said the suspect had even told her daughter that the fate of Margaret Ragoobar-Guevarra, who was killed by a relative in an attempted murder/suicide in Sangre Grande last month, should have been hers.

She said following last Thursday’s scuffle, Olivia berated the suspect for attacking her mother, calling him a little boy. Scott, who heard the commotion, went to the apartment and told the suspect to take whatever he had and leave. For the remaining days, the family lived uncomfortably. Jones said Scott had also told Jones-Chapman to stay at his apartment.

However, it was all in vain.

Neighbours near the house said yesterday they had heard no commotion, but those on another road said they heard screams on Monday night but were unsure where it came from. The news of the murders rocked the quiet community, as neighbour Peter Blackman described them as a nightmare. He said he went to the airport to drop off his wife and when they got the news she cancelled the flight.

“Mr Scott was like a genuine brother, a neighbour you would want to have, a villager you would want to be around. He was loving, respectful and charitable in a Christian way,” Blackman said.

“Abigail was a hard working mother, struggling to see about her children and had now decided to build a little house. That is how tragic it is.”

Scott’s son is expected in the country later this week.

Police were still searching for the killer last night.

WOMEN LOST TO DOMESTIC VIOLENCE IN 2018"

January 2: Arisa Vana David, 25 was strangled at her Chase Village, Chaguanas home, allegedly by her common-law husband, Joseph Bryan Bennett.

January 4: The body of La Romaine mother Vanessa Ali was found in Barrackpore. She was shot in the head allegedly by an ex lover.

February 2: School teacher, Kayla Marie Solomon-Caine was bludgeoned with a hammer in Lambeau, Tobago following a domestic dispute.

Feb 26: School teacher Margaret Ragoobar Guevarra, 42, was shot dead by a relative who attempted suicide at their home in Coalmine Village, Sangre Grande.

March 2: Latchmi Persad, 42, a mini mart attendant, was strangled to death at her Chickland Freeport home following an argument with a close friend.

La Brea MP Nicole Olivierre yesterday suggested that men who face rejection from females when a relationship or marriage goes sour ought to seek help to combat their emotional stress.

She made the comment as she responded to news of the murders of four of her constituents on Tuesday.

Michael Scott, 69, school teacher Abigail Jones-Chapman, her 16-year-old daughter Olivia and Olivia’s friend Micheala Mason were killed Tuesday.

National Security Minister Edmund Dillon, who knew Scott personally, said the murders “touches me dearly. I want to offer deepest condolences to the family. I knew Scott personally. I do not have all the facts right now as the police are still conducting their investigations.”

He said preliminary investigations suggested that the killings were as a result of a domestic situation.

“I do hope that they find the perpetrator as speedily as possible.”

Dillon said as murders of women continue to escalate, one has to look at the challenges males encounter versus the success rate of females.

“We have to do some analysis of that...that sort of violent reaction and its root causes and come to some way in which we can solve them.”

Olivierre said of late there has been a growing trend among men who have been unable to deal with rejection, saying that as a society we need to find ways in which men can get some support so they can react to their feelings.

“In recent times most of the murders of women have been at the hands of estranged lovers and failed relationships. So it seems to be a problem in our society with males. I don’t know if the growing success of women in society is leading to insecurity among men and they are reacting in a violent manner,” said Olivierre, Parliamentary Secretary in the Ministry of Energy.

Olivierre said she too knew Scott, whom she described as a helpful, supportive and kind individual. She said Scott may have been trying to assist Jones-Chapman when his life was taken.

“I am deeply saddened. I can’t image the type of human being that would perpetrate such an act. I hope that God has mercy on him as well. It is disturbing to say the least,” she said.

“It’s still hard for me to deal with. It’s a shock to the country as well. It’s unfortunate that persons choose violence as a way of dealing with feelings they cannot understand. While we are paying attention to empowering women, some attention needs to be given to boys and young men to teach them how to cope with emotional stress.”

She said the Single Fathers Association of T&T and NGOs should also try to reach out to such men and offer programmes to help them cope with their emotions. Olivierre promised to provide counselling to the two children who were spared by the killer.

A soldier was shot dead by his neighbour during an argument which was sparked by a “cut eye”.

Police said the soldier, Sgt Ken Palmer, 42, who was attached to Teteron Barracks, Chaguaramas, was killed in the yard of his common-law wife Radhica Pooran along Dalloo Road, Gasparillo around 6.15 pm.

Investigators said Palmer had an argument with two men, Ravi Pooran, his wife’s brother, and the suspect. Police was told the suspect asked Palmer, “What you watching me so for?” before a fight broke out between Palmer and the suspect.

After the suspect suffered several blows from Palmer, he went to a house at the back of Pooran’s home and returned with a gun to shoot Palmer.

Ravi tried to stop the suspect but the suspect opened fire, shooting Ravi and Palmer multiple times. He then ran off. Police last night launched a manhunt for him. Ravi, 30, was undergoing surgery at the San Fernando General Hospital last night.

Initial reports suggest that Palmer was shot in the head, shoulder and abdomen. ASP Ali Mohammed, Gasparillo police; the Homicide Bureau of Investigations, Region Three and the Crime Scene Unit were at the scene up to press time.