Since 2016 has started T&T has been left without a Commissioner of State Lands and according to sources at the Ministry of Agriculture, Lands and Fisheries, there is no idea if that position will be filled any time soon. It is the fear that given the vacant position, the land grabbing issue will go out of control.

“People are grabbing state lands like if it is going out of style,” the source said. The source added that it is also the fear that the existing illegal squatters may now be seeking to “boldface” expand their illegal boundaries on state lands, example putting up additional annexes, structures and/or farming the lands.

According to the State Lands Act 57:01—The Commissioner shall have the management of all lands of the State, and shall be charged with the prevention of squatting and encroachment upon the same and of spoil and injury to the woods and forests on such lands, and shall superintend the settlement and allotment of State Lands and the laying out of village lots in such districts as the President from time to time directs.

It also states that the Commissioner shall also take possession of, and shall be charged with the care and letting and the collection of the rents of, all lands which may belong or escheat to, or which by virtue of any Act may be forfeited to and become vested in, the State.

When contacted for comment, chief executive officer of the LSA, Hazar Hosein, would only confirm that there was no Commissioner of State Lands.

However, Minister of Agriculture, Lands and Fisheries, Clarence Rambharat not only confirmed the vacant position but also added that the position of Director of Surveys was also pending to be filled.

Rambharat explained that the position of Commissioner of State Lands became vacant in May 2015 with the retirement of Ian Fletcher. He added that the Public Service Commission appointed someone to act and that ended on December 31, 2015.

Rambharat said it was very critical for both positions to be filled as soon as possible.

“We await a further acting appointment and we await the advertising of the vacancies in the critical positions of Commissioner of State Lands and Director of Surveys. Numerous problems are faced without these two positions being filled.

These positions have to be advertised and filled by the Public Service Commission,” Rambharat said. On the issue of illegal squatting, Rambharat said it continues to be an issue that affect State Lands across the country and as an attempt to further address this, the use of technology may most likely come into play in the very near future.

The minister also stressed on the fact that current enforcement strategies are expensive and ineffective and added that there was need to review strategies.

“Most affected are sites being developed by the Land Settlement Agency (LSA) (this is under Housing); former Caroni (1975) Limited lands and lands being developed by EMBD,” Rambharat said.

“I have advised our Lands Division (former Ministry of Lands and Marine Resources) that we need to review strategies and consider the use of technology including drones to manage State lands,” he said.

Hosein also confirmed that they were in the process of working on proposals and policies and therefore could not divulge further information. In several forest reserve areas, including North East Trinidad: Aripo Savannas in Valencia and along the Toco Road, squatting is said to be particularly severe.

Other areas include: Pine Settlement in Sangre Grande, Melajo, the Northern Range, Nariva, the Caroni Bird Sanctuary and Point Fortin. A source at the ministry said that currently, the use of a combination of patrols and private security in an attempt to alleviate squatting, over time, have proven very ineffective.

Former minister Jairam Seemungal had revealed last year May, that it was going to be a task to regularise the existing 60,000 squatters, some of whom have been living on state lands for as long as 60 years. There are approximately 350 squatting sites in T&T.

MORE INFO
The LSA is authorised under the State Land Regularisation of Tenure Act number 25 of 1998 to prevent and contain further squatting on state lands and to regularise eligible existing squatters. A person who is eligible for regularisation must have occupied a dwelling house on the property prior to January 1, 1998, and applied for a COC before 2000.

To many, Anjanie Chattergoon is known simply as the sweet, little, old lady driving the old car along the quiet back road between Waterloo and Perseverance mornings and evenings on her way to and from work at Carillion Caribbean Ltd.

Not many, however, know Chattergoon is a fiesty and fearless rescuer of puppies abandoned along the lonely stretch of former cane fields she traverses daily. At great personal effort, time and resources, she rescues the puppies, and their mothers if they are around, and keeps them at home until she finds homes for them.

“One day I stopped to feed some dogs in the cane and a carload of men pulled up and said, “Don’t feed any dogs here. They killed a lady here.

“But I am fearless,” she told the T&T Guardian as she stopped to feed two puppies who emerged from the canefield when she called out to them. Chattergoon left food for them and a makeshift cardboard kennel but plans to go back for them. They will join other dogs she is keeping at home until they are adopted. 

There is always a large bowl of home cooked rice and meat on the backseat of her car, a bucket of dog chow, canned food like sardines, tuna and corned beef, and hotdogs, medication, sedatives and water for any dogs she sees. “My car is a dog car,” she said, adding she also picks up abandoned kittens.

Chattergoon also goes to the Waterloo Cremation Site every evening after work to feed strays. At her Claxton Bay home, some of the rougher dogs are kept in a huge cage while the rest roam around freely in the yard or lounge on chairs.

“This is a dog house.”

Many of the puppies picked up are ill and together with help from daughter, Annisa, who has a Port-of-Spain job, and son, Andrew, a University of the West Indies student, she tenderly nurses them back to health.

“The whole family’s into animal rescue and homing. Even my husband Sonny supports us, sometimes grumblingly, by cleaning up the yard.”

They spend a sizable part of the household income caring for the dogs. “When we pick up the dogs we take them to the vet for their vaccinations and to get checked out.

“We get the adult mothers spayed and keep them until they are adopted. If we release them they will get pregnant again. Or the dog catcher will get them or they will starve to death.”

Chattergoon said the family cooks hundreds of pounds of rice and meat weekly for dogs and purchases a similar amount of dog chow. If you think you can adopt a dog easily from the Chattergoons, think again.

“We place ads in the newspapers and conduct interviews with people who answer to make sure the dogs are going to good homes. These homes must be fenced, for instance.”

Annisa delivers adopted dogs to their new owners all over T&T (and picks up strays she sees on the way) and visits the Claxton Bay Fishing Depot daily, another dog dumping site. And if no one takes a dog? “We keep him until he dies.” She has been rescuing dogs for over ten years.

“It started casually. I saw a dog by the Claxton Bay gas station looking like he was starving and started giving him food. 

“Eventually a batch of them came. From there we moved on to other areas.”

So what motivates Chattergoon to devote her entire life to rescuing dogs? 

“I just can’t stand to see anything suffering, whether humans or animals. Animals depend on humans for their lives.”

Chattergoon said she helps out needy humans too but prefers to work with animals.

Rebecca Durant Student, Hugh Wooding Law School

What is Extradition?
Extradition is the legal process by which one country (the requested state) returns a person accused or convicted of an extraditable offence in another country (the requesting state) to that country to stand trial for the alleged offence.

In T&T this process is governed by the Extradition (Commonwealth and Foreign Territories) Act No 36 of 1985 (the Act). 

It is a common misconception that extradition proceedings determine guilt or innocence. They only determine whether it is reasonable for an individual to face trial abroad.

The Request
A request can be made to the Attorney General by any state with which there is an extradition agreement. There are 51 Commonwealth states to which the Act specifically applies. Additionally, there are treaties with the United States and several other countries facilitating extradition.

A request must contain: 
• a description of the individual; 
• an outline of the facts and the law on which the request is based; 
• a warrant issued for the individual in the requesting state; and
• a summary of the evidence against the individual or evidence of their conviction.

Once satisfied with the request the Attorney General will then issue an “Authority to Proceed” in respect of the request and it is sent to a magistrate. 

The magistrate can issue a warrant for the individual’s arrest once satisfied that if another person committed the offence within T&T, the evidence provided would ordinarily justify issuing an arrest warrant. The individual can choose to consent to the extradition and be returned to the requesting state. Otherwise the case is argued before a magistrate.

Hearing before a Magistrate 
In order to commit the individual for extradition the magistrate must be satisfied that:
• The offence is extraditable;
• The individual has been properly identified; and
• Evidence shows the offence was committed on a balance of probabilities (this is lower than the usual criminal standard of beyond a reasonable doubt).
During this hearing the magistrate has the discretion to grant bail at the request of the individual once satisfied that they won’t flee.

Extraditable offences
An offence is extraditable once it is an offence in both the requesting and requested states; and punishable with at least 12 months imprisonment or death. Alternatively, an agreement or treaty can specify offences which are to be extraditable.

Bars to Extradition
Extradition will not be ordered where: 
• The offence is political; 
• An offence is being used as a cover to punish the individual for his race, religion, gender, sexual preference, nationality or political opinions; 
• The trial will be prejudiced because of the individual’s race, religion, gender, sexual preference, nationality or political opinions; or
• The individual has been acquitted or convicted and served his sentence in respect of the same offence.

Discretion to Refuse Extradition
Decisions made can be subject to review by the High Court in habeas corpus or judicial review proceedings. 

Among the factors the court will consider in refusing extradition are: the trivial nature of the offence, the passage of time since the offence, that the request was made in bad faith, individual rights as against international cooperation or any other sufficient cause, making it unjust and oppressive to return the individual. 

The AG can also refuse extradition on the same grounds. Notably, extradition can be refused where the offence could attract the death penalty in the requesting state but would not in T&T. Although T&T allows extradition in respect of death penalty offences, it is limited in this regard. 

Appeals
An individual has the right to appeal extradition proceedings all the way to the Privy Council.

This column is not legal advice. If you have a legal problem, you should consult a legal adviser. Co-ordinator: Roshan Ramcharitar

A murder suspect under police guard at hospital managed to escape and is believed to be responsible for another murder in San Fernando.

The suspect, who police alleged shot and killed Micheal Patterson last Friday on a busy Mucurapo Street, San Fernando, was detained after he was injured on Saturday during a shooting incident which left another of Patterson’s relatives in a critical condition at hospital.

Police remained tight-lipped on the escape yesterday but said an investigation had begun into the circumstance of how the suspect was able to escape.

The feud between warring neighbours has left the community in fear and police are bracing for more reprisal killings.

Police investigators say the suspect on the run allegedly shot and killed Alfredo Patterson at King’s Wharf, San Fernando, hours after he escaped from the hospital on Sunday. 

Alfredo Patterson, 25, of Peter Street, La Romaine, died around 1 am yesterday at the hospital from multiple gunshot wounds.

A manhunt has been launched for the 27-year-old suspect of Upper Hillside Drive, San Fernando. Police said he has a gunshot injury to one of his legs and have alerted hospitals, health centres and medical practitioners to be on the lookout for the suspect who would have suffered heavy blood loss.

The Mucurapo Street murder took place around 4.30 pm and the suspect managed to escape after the killer hijacked a motorist and stole his vehicle along Coffee Street. Police said that shooting incident stemmed from a previous altercation where the suspect was reportedly assaulted by Micheal Patterson at Coffee Street last week.

Police said Micheal Patterson was arrested in the past for drug possession and had been out on bail.

Micheal Patterson, 27, of Medine Street, San Fernando, died on the spot.

Police said one of dead man’s relative went to the suspect’s home seeking revenge on Saturday and was shot in the head during a shootout.

They were both taken to the hospital, treated and warded in a critical condition under police guard. 

A revolver and a shotgun which were recovered after Saturday’s shootout have been sent for ballistic testing.

Southern Division police are continuing investigations.

In a separate incident, officers from central Trinidad went to an open field in Enterprise, Chaguanas, yesterday, where they recovered a quantity of ammunition, a bullet proof vest, a shoulder gun holster and a quantity of marijuana.

Among the items seized were four pistol magazines, two extended, 269 rounds of 7.62 ammunition, 14 rounds of .45 ammunition, two rounds of .40 ammunition, ten rounds of .38 ammunition, five 12-gauge cartridges and 3.38 kilogrammes of marijuana. No one was arrested.

CEO of the South West Regional Health Authority (SWRHA) Anil Gosine said yesterday they have had to increase the private and internal security at all of their facilities to provide safety to both staff and patients.

He said in addition to their own private arrangements, they have also requested help from the police to have a regular presence of officers to provide an additional level of comfort and security. 

Gosine said that was necessary because of the number of criminals seeking treatment at health centres and hospitals for gunshot wounds, choppings and other injuries from gang warfare. 

“Especially on weekends and at the Accident and Emergency (A&E) Department we have patients coming in with gunshot wounds and gangs following them in the A&E.

“This is not only happening at SFGH but also at our district health facilities and even in the Area Hospital, Point Fortin. While we have internal and private security you find that the criminal element would be a little more cautious when there are TTPS officers around,” Gosine said.

He said situations like those have been going on for some time “and we have situations where we have to provide counselling for staff based on what is happening.”

Gosine said the crime scourge in the country “has caused us to spend much more funding on security at all our facilities to protect our staff and patients.”

His comments were made after the escape of a murder suspect on Sunday who was supposed to have been under police guard. 

The escapee was injured in a shooting incident which also left another man in a critical condition at the same hospital. Hospital authorities fear the suspect may return to finish off the job.

Gosine called on staff not to be afraid. He said while police officers normally guard suspects/prisoners, the escape on Sunday was more the exception than the norm.

A prisoner who escaped from the Carrera Island Prison on Sunday remained on the run last night.

Reynold “Bago” James, formerly of Windy Hill, Five Rivers, Arouca, escaped from the prison around 5 pm. He is approximately 166 cm in height with an oval face and dark complexion. He was serving time for a series of robberies.

Last year, Steve McGilvery, of Sea Lots,and Leroy Mohammed, of Gasparillo, escaped from the same prison on Independence Day. They remain at large.

McGilvery was serving 30 years with hard labour for manslaughter while Mohammed was sentenced to ten years for robbery and possession of firearms. 

Like Carnival Monday and Tuesday, and National Panorama finals, the International Soca Monarch (ISM) show is not produced for television. 

This was the view of Nigel Campbell, an experienced music writer and critic, who was responding to a wave of criticism on social media after Sunday night’s show at the Queen’s Park Savannah, in Port-of-Spain.

Campbell, who tuned in to watch the Soca Monarch semi-finals, agreed with some of the views of people in the country who were firing out scathing critiques of the eight-and-a-half hour long show. 

“Everybody was complaining about it being a long show. Soca Monarch is not a great television show. Panorama, Carnival and Soca Monarch are not produced for television. From the lack of rehearsals, to where the camera operators should be, this show was not produced for TV,” Campbell said. 

Campbell lamented that while there were a number of people who were able to perform on stage, many of the contestants in the semis had little to no experience performing in a concert.

“A concert is different from a fete. Some of these artists did not know how to perform on a stage, hold a mic and move around. They may have experience in fetes, but a fete is not a concert. Feting with the Saints is not the same as Soca Monarch, but many performers do not know the difference,” he said.

Campbell also stated that people in Trinidad have grown accustomed to a certain standard of television production, and the viewing audience would not tolerate substandard television production.

Soca Monarch, which had 70 performers on Sunday, received harsh comments from people on social media.

Prestige Foundation chairman Peter Scoon said in spite of the 70 performers, the show was very tight and moved smoothly. The event began at 4 pm and ended around 2 am yesterday.

Defending the decision to have 70 people in the semi-finals, Scoon said he wanted to give the artists who don’t get much air-time on radio an opportunity to become known.

“The problem we have is that we are trying to do two things—produce a good show and develop the industry by giving young people exposure. A lot of the artists who performed last night usually get no radio exposure. If we let only experienced soca performers in Soca Monarch, then we won’t have a future of soca,” he said.

Opposition Leader Kamla Persad-Bissessar says the Parliamentary Orders governing the appointment of a police commissioner and deputy commissioner are unconstitutional and is calling on the Government to engage in consultations with the aim of drafting “a fair, transparent and accountable process and selection criteria for the (appointment) of a commissioner of police.”

“These orders were ultra vires the Constitution and indeed seek to undermine the independent Police Service Commission (PSC).”

Persad-Bissessar spoke during a news briefing at the Office of the Opposition in Port-of-Spain, yesterday.

She said the Government may approve the orders with a simple majority in Parliament “but thank God the Supreme Court of T&T is the guardian of the Constitution and therefore we have already considered that, should the Government not sit down and let us work together to come up with a fair and transparent process, we will take necessary action though the courts of law.”

Persad-Bissessar said the 2009 orders (Selection Process) “although committing the assessment of candidates in the hands of a firm, facilitated a transparent and a fair process for the soliciting of applications.”

She said, it “also gave the PSC the ability to know the details of all persons who applied—not just the ones who were shortlisted (as is being proposed in the 2015 orders).”

Persad-Bissessar said the new orders allowed a contracted firm to decide on the mode of inviting applications. She said it “no longer gives the PSC (the opportunity) to consult and discuss the results of the short-listed process with the firm and binds the PSC to only consider relevant the information provided by the firm in the exercise of its discretion to nominate.”

She said those changes “have removed from the purview of the PSC the power to truly consider and nominate candidates, as envisaged by the Constitution.”

Persad-Bissessar said, the PSC “has a constitutionally mandated role to nominate under Section 123(2) of the Constitution [and] the PSC cannot delegate that function to another person or body unless it is effected and authorised by the Constitution, which would require constitutional majorities (in Parliament).”

The Government says only a simple majority vote is required to defeat or approve the motions to annul the orders, which will be debated in the House of Representatives on Wednesday and the Senate on Thursday.

Even though they were granted bail totalling $4.5 million yesterday, six police officers attached to the North Eastern Division Task Force (NEDTF) spent another night at the Maximum Security Prison, in Arouca, after they were unable to post bail.

The officers: Steve Williams, 35, of Heights of Guanapo Road, Arima; Brandon Thompson, 25, of Seeyjagat Trace, Tumpuna Road, Arima; Ronald Samuel, 32, of Duncan Trace, San Juan: Kevon Patrick, 30, of Kingdom Avenue, Bypasss Road, Arima: Ryan Grandison, 27, of Tunip Lane, La Horquetta; and Dion Ottley, 31, of Bon Air Gardens, Arouca, are charged with a combined 46 offences.

Each officer was granted bail and ordered to report to a police station nearest to them every Monday and Thursday between 6 am and 6 pm and surrender their passport. Ottley was granted $650,000 and is to report to the Arouca Police Station; Grandison had the lowest bail of $500,000 and is to report to the La Horquetta Police Station. Williams was granted the highest bail of $950,000 and ordered to report to the Arima Police Station, while Thompson, Patrick and Samuel were each granted $800,000 bail and ordered to report to the Arima and San Juan Police Stations, respectively.

Williams, Thompson, Samuel and Patrick are charged with misbehaviour in office, false imprisonment of four people and robbing one of them of $53,000 and $4,200 worth of jewelry. The offences allegedly took place on January 5, at Kelly Village, Caroni.

Williams, Grandison and Ottley are charged with threatening to falsely charge three people for possession of cocaine, marijuana and a gun. The officers were also charged with robbing one of the trio of $125,000 and $55,000 worth of jewelry. All offences took place on December 12, last year, at Frederick Settlement, Caroni. Ottley faced two separate charges of attempting to pervert the course of justice on December 13 at the Santa Cruz Police Station and on December 12, last year.

Before granting bail Chief Magistrate Marcia Ayers-Caesar said she wanted to clarify ambiguity under the Bail (Amendment) Act which caused the officers to spend four nights in jail last weekend. On the last occasion, court prosecutor Insp Winston Dillon objected to bail citing the amendment to the Bail Act as the reason. Yesterday, Ayers-Caesar said that the officers were entitled to bail given the allegations made against them. She added that she wanted to clarify the legislation after seeing “some views on the matter.” 

Ayers-Caesar said: “It is clear from reviewing the Hansard that the legislation was aimed at targeting the illegal firearm holders and not lawful gun holders.”

She added that the while the officers were charged with misbehaviour in office for allegedly committing armed robbery, that was different from a direct charge of armed robbery. She highlighted that there was a distinction between the two and that must be clarified.

Prior to the chief magistrate’s ruling, legal officers Insp Richard Taylor and Cpl Keston Abraham withdrew the original objection to bail. Taylor said after some research the State was of the view that the men were entitled to bail. Taylor said that the offence of misbehaviour in office was not one of the offences which denies bail for 120 days; however, perverting the course of justice is listed as a non-bailable offence according to the amendment. He pointed out though that the officers, in allegedly committing that offence, did not use their firearms and were therefore eligible for bail.

After adjourning the matters to February 15, Ayers-Caesar was thanked by defence attorneys Vince Charles and Sterling John, who represent the six officers, for “interpreting the law.”

Sister Paul D’Ornellas, a tenured educator and Sister of St Joseph of Cluny, passed away yesterday at the age of 85 from cancer.

Paul, who had 35 years of teaching experience, had been principal of St Joseph's Convent, San Fernando, and St Joseph's Convent, Port-of-Spain.

Education Minister Anthony Garcia considered Paul an education icon and close comrade in the teaching profession.

“She was an educator par excellence. She was a mentor of thousands of students in the country and she shaped St Joseph’s Convent into the excellent school it is today. Under her leadership St Joseph’s blossomed,” Garcia said.

Garcia, who was also a former president of the T&T Unified Teachers Association (TTUTA), said Paul broke the glass ceiling in education—particularly when TTUTA was trying to establish itself as an official labour union.

“I remember when Sister Paul led the teachers of St Joseph’s to march around the Red House. Back then it was unthinkable for certain schools to march, but Sister Paul saw the plight of TTUTA as an important cause and she boldly led her teachers,” Garcia said.

“I was saddened to hear of her passing. I knew that she was terminally ill, and I spoke to Archbishop Joseph Harris to see how we could help make her life easier and more comfortable,” he said. (RE)

A Gasparillo man died on Sunday when his Nissan Tiida car flipped while he was heading south along the Solomon Hochoy Highway.

According to reports, Ashay Jaggan, 52, was driving along the south-bound lane of the highway near the Claxton Bay overpass around 4 pm when the accident occurred.

Jaggan, of Caratal Road, Gasparillo, was killed on the spot.

A 16-year-old passenger sustained injuries to her body and is receiving treatment at the San Fernando General Hospital.

The T&T Guardian visited Jaggan’s home yesterday, but relatives said they were too distraught to speak.

In a separate incident on Sunday, a Point Fortin labourer was knocked down while trying to cross the same highway, but in the vicinity of Chaguanas.

Reports state Peter Ramlakhan, 48, of Point Fortin, was crossing the Solomon Hochoy Highway when he was hit by a pickup van and killed.

His brother, Mootiram Ramlakhan, who lives in Chase Village, witnessed the incident.

The brothers had reportedly dropped out from a taxi on the shoulder of the south-bound lane of the highway around 10.45 pm.

Peter tried to cross the highway first and was knocked down. He died on the spot.

The driver of the pickup, said to be from St Augustine, was detained for questioning by police.

Their deaths have taken the road death toll to seven for the year.

Implement speed guns—Arrive Alive head

​President of road safety awareness organisation Arrive Alive, Sharon Inglefield, yesterday renewed her call for the police and Government to implement the use of speed guns on the nation’s roads as a preventative measure. 

Speaking to the T&T Guardian yesterday, Inglefield said that the current road death toll had now surpassed the comparable toll for 2015. 

“So far we have had seven road deaths, four more than the same period for last year,” Inglefield said. “I want to urge our leaders and those in authority to launch the speed guns as a preventative measure in light of the fact that more people have died this year so far than last year.” 

She sent out condolences to the families of both men who died in separate incidents on Sunday, but urged pedestrians to use walkovers instead of crossing busy highways. 

“I want to once more urge pedestrians to use the walkovers that are in place. It is almost impossible to cross a major road when there is traffic, much less for trying to cross a busy highway where there are three and four lanes of cars passing at high speed.”

The fifth evidence hearing of the Las Alturas commission of enquiry got underway yesterday with chairman of the Urban Development Corporation of T&T (Udecott), Noel Garcia, being ordered to give evidence next month.

Garcia, who recently returned to T&T and was installed as the Udecott head, turned up at the Caribbean Court of Justice, Henry Street, Port-of-Spain, yesterday, accompanied by his attorney Colin Kangaloo.

His appearance sent a quiet stir among those gathered as several attempts had previously been made to have Garcia appear before the commission.

Two summons were issued in June and July last year for Garcia, who was at the time living and working in Ghana.

This, even after the lead attorney for the Housing Development Corporation (HDC), Queen’s Counsel Vincent Nelson, had informed the commission that Garcia had declined to submit a witness statement when contacted.

Garcia was a former managing director at the HDC.

Minutes after Kangaloo’s submissions, commission chairman, retired Justice Mustapha Ibrahim, granted an extension for Garcia’s witness statement to be filed on or before January 29, with Garcia being ordered to attend court to give evidence and be cross-examined on February 15.

Among the other procedural matters addressed yesterday was the filing of a witness statement by a former expert witness for the HDC, Frank Arland.

HDC’s attorney Larry Lalla informed the commission that the geotechnical engineer from the US would be recalled to respond to parts of the testimony by Martin Andrews of Geotech Associates Limited (GA).

At the close of the fourth evidence session last year, Andrews was on the stand.

He is expected to be recalled to continue his testimony today, while Arland’s response will be done via video link.

Objecting to Arland’s supplemental witness statement being submitted, Andrews attorney Justin Phelps argued that Arland had already been cross-examined.

Requesting the commission to refuse and even resist the application by Lalla, Phelps described it as “extraordinary” that a witness could be cross-examined and allowed to “wash his mouth” on GA and now be allowed another opportunity to question the evidence of Andrews.

Ibrahim later agreed to grant Phelps leave to cross-examine Arland on the supplemental witness statement.

The enquiry continues today.

Stalwarts behind regional Carnival across the country vow they will do all that is necessary to keep traditional mas alive in rural communities despite the dip in funding and lack of interest from the younger generation.

Although the weeks of hype and pomp culminate on Carnival Monday and Tuesday (February 8 and 9) with the main stage revelry downtown of the capital city of Port-of-Spain, for the thousands who have never ventured into the city, their main stage jump-up is equally anticipated.

Regional carnival has been the main affair for residents of 57 different communities across the country for many years, but when oil prices dipped, the National Carnival Commission’s (NCC)’s budget also took a hit and so did community carnival events.

Of the $314 million allocated last year to the NCC, a mere $9.5 million was allotted to regional carnival and of the $270 million allocated for 2016, $8.5 million was apportioned to regional carnival bodies.

Despite the million-dollar cutback, chairman of the NCC Kenneth De Silva said people have been very receptive to the economic situation.

“I think we have a very educated population and I think we short sell them. They understand the realities of where gas is, where oil is and even where the production level is of both gas and oil. It will put T&T in some financial difficulties which will affect not only this year but some years to come. It can't be business as usual. It will not be intelligent to think it will be the same as it was yesterday, today.”

When cheques were distributed to regional carnival organisations on January 8, some regional bodies in Cumana, Petit Valley and Maraval got as little as $50,000 and others in Carapichiama, Couva and Mayaro got as high as $300,000 to fund their various carnival events.

Keeping the culture alive

More than one NCC official has admitted that regional Carnival is significant for its ability to represent and paint a historical picture of the festival.

Chairman De Silva told the GML Enterprise Desk that regional Carnival played a very important role in keeping T&T history and culture alive with characters like the Midnight Robbers, Sailors, Chief Indians, the various Devil mas and elements such as Stickfighting and Canboulay re-enactments.

However, he expressed some concern that these foundational characters and traditions were dwindling away in the national showcase in Port-of-Spain.

“Regional Carnival is extremely important, it preserves what we know as Carnival for many years. The traditions of Carnival, there exists a creativity. I would love to see more traditional mas in Downtown Carnival but we have gone to more skin [though] sure that has its role also,” said De Silva.

In San Fernando, one of South Trinidad’s veteran mas makers, Jaqui Koon How, has been vibrantly involved in fashion and mas for 50 years now.

Designing and portraying a mix of traditional and modern pretty mas, Koon How is especially known for her representations in both Marabella and San Fernando.

She said it was crucial not just create to mas, but to teach members about the meaning of each piece and its historical significance in order to keep traditions alive.

“I realise now staying in South you don't miss it, because we have fun, we are with our own and our mas is up to standard; there is nothing inferior about south mas. You have both schools, you have the people who really enjoy the traditional mas, from the young to middle aged to the old. You have to know where you came from to know where you heading, so the traditional mas is always important.”

Koon How said she understood that the economic turmoil would affect participation in festivities for at least 2016, but it would not stop the show.

Give us small state contracts

In the second largest city of San Fernando, which falls under the regional subsection of the NCC, its allocation for the mas comes from the pool of the $8.5 million grant.

On the outskirts of San Fernando is Marabella, and president of the Marabella Festival Council, Allen Campbelle, said they have been struggling to put out their Kiddies and Monday Night events in recent years.

He said sponsorship was harder to come by as businesses were less generous and with a cut to the subvention this year he feared they would be struggling even more.

Campbelle wrote to the Minister of Community, Culture and the Arts Dr Nyan Gadsby-Dolly in November 2015, proposing a plan he believes could see regional bodies become “self-reliant” and eventually financially capable of sponsoring their own events.

He suggested that community groups be offered a small number of medium-sized government contracts which could help fund community events. Campbelle suggested contracts such as school cleaning and maintenance, cutting and maintenance of public parks and grounds could be farmed out within the community.

“There are a number of benefits that can be achieved including the financial savings from not only culture but also sports and education ministries since there will be a significant reduction in the allocations given to these community-based organisations.”

To date, Campbelle has not received feedback on his letter.

Biche struggling to survive

​Kelly Ramdass has been playing traditional mas in his hometown of Biche, in East Trinidad, since he was eight years old and 55 years later he is still passionate about the culture, but has grown extremely concerned over its future.

“Soon it won't have anything because the youths, they are not learning, it have no one to show them.”

The small eastern village nestled centrally between Sangre Grande and Rio Claro hosts a Sunday Kiddies spectacle, J’ouvert, Monday night, calypso competition and a Tuesday parade of the bands.

Their NCC allocation remained the same as for 2015 and president of the Biche community development committee, Aldwyn Harris, said most businesses assisted each year.

Harris admits, traditional Carnival is carried on by only a few in his community.

“Most of the young people, they not into this traditional mas, is mostly like the older folks you will get playing traditional mas. Most young people now they like the beads, the bikini and beads,” he said, chuckling.

Although traditional mas has been fading away gradually in Port-of-Spain, communities like Biche, Marabella and 55 other communities—even amid economic challenges—continue to do much toward its revitalisation and preservation year after year.

Three men were shot dead in separate instances and the handless body of a man was found under a burning heap of tyres as the murder toll galloped to 29 in just 18 days.

For the comparable period last year the murder toll stood at 24.

In Chaguanas, within a space of six hours, two families were left grieving after gunmen struck in unrelated shootings. One of the victims was mentally ill, police said.

According to police reports, around 12.20 am yesterday, Lisimba Daniel, 34, was walking along Mc Carthy Street, Chaguanas, when neighbours heard gunshots and called the police. Residents later found Daniel's bullet-riddled body. 

The resident of Chrissie Terrace, Enterprise, was a plumbing student at the Multi-Skills Training (MUST) programme. He was shot in the head and right leg.

His father, Simon Daniel, speaking with the media at the Forensic Science Centre, St James, said his son was mentally ill and never troubled anyone.

“That’s so senseless. This morning I met a big man who crying more than me because he (Daniel) don't interfere with anyone. So everyone want to know why. We don't know if it was the wrong place or what. He said resident nicknamed his son “mad child”. 

“Life and death is two friends walking together. It shocking and senseless to me but I have to take it. The men who kill him have to die just like I will have to die. I will leave it up to God. I not on earthly justice.”

Five hours earlier, Maurice Douglas was killed just outside his home at Hummingbird Drive, Edinburgh 500.

Police said around 7.30 pm on Monday, Douglas, 28, was at his home when he walked to the front of the house. 

A short while after gunshots were heard. His mother, Janice Douglas, 54, found her son dead on the ground. 

The shooter, eyewitnesses reported, was a slim-built man who was masked and wore a red and white jersey and grey three-quarter jeans.

The mother was too overcome with grief yesterday to speak. A female relative described Douglas as “a very quiet man.”

Later that night at Princes Town, gunmen shot and killed Jeremy Hernandez, 31, and wounded his former girlfriend, Tia James.

The attack took place hours after Hernandez was released from jail.

Police believe the gunmen followed him to his former girlfriend’s home in Princes Town. According to reports, around 10 pm Hernandez and James, were at her home located a short distance away from the Iere Village Branch Road. 

Two gunmen, who are believed to have followed Hernandez to James’ home, began shooting.

James' screams prompted neighbours to call police. Hernandez died at the scene and James, who was also shot several times, was taken to the San Fernando General Hospital where she is warded in a stable condition. 

The T&T Guardian understands that Hernandez was originally from Henry Street, Port-of-Spain, but moved to the area during the state of emergency in 2011.

His mother, Hazel Guerra, said her son, a father of three, knew his killers but could give no insight into why they wanted him dead. 

She said her son was shot in the shoulder and back.

Hernandez became involved with a then 15-year-old James, who would drop out of secondary school within months.

When her family disapproved of the relationship, James left with Hernandez and lived for sometime in Port-of-Spain.

However, a close relative told the T&T Guardian that James was abused by Hernandez and lived her life in fear of him.

“She used to be pulling out her hair when she knew he was coming. For the last few days she was jumpy and uneasy but we didn’t know he was coming out of jail,” the relative said.”

The relative, who asked not be identified, said James was tormented by Hernandez.

“Even when he wasn’t here, he had people looking over her all the time. She wanted to get a job and work but he would always make her leave after a few weeks. When he came yesterday (Monday) he was cursing and saying he would burn down her house.

“Later in the night, we heard ‘Pax, pax, pax!’ and then we heard her screaming,” the relative added.

Police say Hernandez had previous convictions for narcotics possession and driving without a permit and insurance. 

There were also several warrants out for his arrest for armed robberies.

CORPSE FOUND IN BURNT TYRES

In another unrelated incident, the partially burnt body of a man was found covered in burning tyres in Tortuga on Monday.

According to reports, around 9.40 pm, passersby observed a light coming from some bushes at Garden Trace, Tortuga. 

On checking, they found a human body on fire, partially concealed by the tyres.

Police say the body was badly burnt and could not be identified but they were able to determine it was that of a man. 

There were pieces of wire from the tyres around the neck and on the body.

Both of the man’s hands were severed, police said. Southern Division police are continuing investigations.

Two shot in ambush

Two men remain warded at the San Fernando General Hospital in critical condition after they were both shot several times in Gasparillo on Monday night.

Keron Archer and Damian Mottley were sitting in Archer’s car in front of Mottley’s home at Caratal Road, Gasparillo, around 10.45 pm when a vehicle pulled alongside them and two men with guns began shooting at them.

Archer was hit on his shoulder and stomach and Mottley was hit on his stomach and leg.

Residents alerted the police and the men were taken to the San Fernando General Hospital where they both underwent emergency surgery.

A murder suspect with a gunshot injury to the leg overpowered his police guard at the San Fernando General Hospital, says the Police Service public information officer ASP Michael Pierre.

He said the suspect, who is wanted in connection with the shooting death of Michael Patterson and shooting of one of Patterson’s relatives, who is warded in the Intensive Care Unit of the hospital nursing gunshot wounds to the head, “used the ruse of wanting to use the washroom and executed his escape plot.”

Pierre said he outwitted and overpowered the young officer who was keeping watch over him.

Since then police have increased security on the compound of the hospital.

Pierre said the Southern Division Police had launched a manhunt to recapture him. 

Police are working on several theories for the murder of Patterson, as well as his cousin Alfredo Patterson, who was shot dead on King’s Wharf on Sunday and later died at the hospital.

One of the theories is that Patterson and the suspect had an altercation at a casino on Coffee Street recently. Micheal Patterson, 27, was shot dead last Friday around 4.30 pm on Mucurapo Street, San Fernando. 

The suspect was shot by one of the dead man’s relative on Saturday during a shootout at his home. 

Both men were injured in that shooting and taken to hospital.

The International Soca Monarch semifinal competition took place on Sunday. 

Seventy soca artistes, some untested in a live milieu, performed for judges to seek a place in the final on Fantastic Friday. It was also televised on CNC3, and streamed live on the Internet for a local market that chose not to or could not go to the Savannah, and for an overseas market in need of soca satisfaction.

With such a large cast performing for over eight hours, this was not your average TV show. This was an experience that had social media abuzz, complaining about the quality of performances, the quality of broadcast and the standard of our soca industry.

If the International Soca Monarch (ISM) is the acme of this music, this genre, the performances showed a rift between the few soca artistes with experience in live performance and the others, who are guaranteed appearance fees, but failed to deliver on the promise of a performance that subliminally exceeds our expectations. Soca deserves better. We deserve better.

Local audiences of television have seen and have become accustomed to live performances that accent the standard parameters of good musicianship, voice control, stage presence and the intangibles like the “it factor.” 

Soca in 2016 is more than a fete. But to hear and see the performances, one is left wondering if any rehearsal towards excellence was part of the mindset of many artistes. The few standout performers like Third Bass, Chucky Gordon and Blaxx certainly set a bar that could have been easily topped, but was not. 

There is a difference between a recording and a live performance. There is also a difference in performance between a fete and a concert. ISM is presenting a concert—a stage, an audience in a prescribed area looking at the stage—but the idea of a fete—a stage, an audience in flux—has become so common for soca artistes that the shouting to inspire audience attention and participation supersedes any notion that performance standards differ between the two. 

The social media buzz about sub-standard performance and the growing indifference of audiences towards this show and a number of carnival staples—statistics have shown a decline in carnival tourist arrivals, and audiences at calypso tents and in the stands at Panorama—point to an awareness by the public of what sells and what does not, and a failure of industry stakeholders in the production and promotion sector to keep ahead of the curve of global trends. Long concerts without variation is not a festival, it is a tedious event.

One is also left wondering at the decision of televising a marathon show as entertainment. Caribbean Prestige Foundation (CPF) chairman, Peter Scoon, at the launch of the ISM a few weeks ago, noted that “the familiar seven-plus-hour final show was not deemed television-ready by media broadcasters—the shorter, the better.” Television production standards, again, were apparently below those of what is now served up as basic for live concerts. A bad performance can be well-televised, a bad television production can obliterate any idea that performance was the selling point of this marathon.

Our music industry needs new ideas beyond simply putting a camera on unprepared performers for hours. The work behind a performance of Machel Montano at his Machel Monday concert, for example, is long, it is repetitive towards excellence, it is expensive. 

The simple standards that were on display at the ISM semi-finals are not what this industry needs as a benchmark for moving towards any diversified industry. We don't have the numbers so we better have the superior standard of production and performance to make an economic difference for television and live audiences.

The Children’s Authority is calling on the public to be more vigilant in spotting and reporting suspected cases of child abuse. 

Responding to media reports of a 13-month-old baby girl from Rio Claro being a victim of sexual abuse, the authority yesterday issued a press releasing calling on anyone interacting with children to immediately report any suspected instances of abuse to it or the police. 

“The Authority notes that by becoming aware of the signs of child abuse, we can protect our children from continued mistreatment. Therefore, the public is reminded to report any sign or suspicion of child abuse to the Police or to the Authority’s hotlines at 996 or 800-2014,” the release said. 

Stating that there is an “acute and disturbing problem of child cruelty in T&T”, the authority expressed shock and horror over the report of the toddler allegedly being abused by a 48-year-old neighbour and her mother’s 20-year-old boyfriend, who remained in police custody up to late yesterday. 

“The Authority is currently working with the Child Protection Unit of the Trinidad and Tobago Police Service to provide support services to the baby and her family. As usual, the Authority is treating the matter with the sensitivity and confidentiality it deserves,” the authority said as it noted that its Emergency Response Team was called out yesterday to rescue two other victims of sexual abuse. Those victims will remain under the care of the authority while their case is being investigated by police. 

The authority also commended the baby’s grandmother, who reportedly realised that the child had been abused and reported it to police. 

“Since child abuse often occurs in the home, it is important for everyone to be aware that they have a responsibility to protect children,” the release said. 

According to reports, the child’s 42-year-old grandmother became suspicious after the child became irritable while having a bath. 

The incident was reported to police and the child was taken to the Sangre Grande District Hospital where she received treatment and it was confirmed that she had been sexually assaulted. 

The two suspects were subsequently arrested. They had not been charged up to late yesterday.

Several veteran soca artistes will be notably missing from this year’s International Soca Monarch finals. 

Among those who missed out on a place in the finals following Sunday’s marathon semifinals at Queen’s Park Savannah, where 70 people competed, are Denise “Saucy Wow” Belfon and former repeat winners Neil “Iwer” George and Austin “SuperBlue” Lyons. 

Responding to the news last night, George said his elimination from the competition was an “opportunity to raise his game” for next year. 

“If you look at the history of Soca Monarch I have made the most finals. This is a chance for the youths to sing,” George said.

The 17 finalists will compete on Fantastic Friday, February 5, against reigning monarch Olatunji “Ola” Yearwood and two National Lottery Control Board (NLCB) wildcards who will be selected by a public vote from a four-member shortlist of artists who barely missed out on securing a spot in the final. 

The four wildcard contestants are Kernal Roberts, Peter Ram, M1, aka Mennace, and Jaiga. 

Two artists have been selected to compete for the Carib Breakout Artiste of the Year—Jadel and Salty. Both artists will perform at the finals with public voting for the artistes beginning last night and ending at 6 pm on February 5. 

The winner will receive $100,000, which is being sponsored by Honda City and radio station Slam 100.5 FM.

International Soca Monarch finalists

​1. Voice

2. Third Bass

3. Preedy

4. 5 Star Akil

5. Hypasounds

6. Farmer Nappy 

7. Lyrikal

8. Blaxx

9. Cloud 5 

10. Sekon Sta

11. Patrice Roberts

12. Ricardo Drue 

13. Pternsky

14. Rikki Jai

15. Shurwayne Winchester

16. Shal Marshall 

17. Teddyson John 

Defending Monarch-Olatunji “Ola” Yearwood

NLCB Wildcard contestants

1. Kernal Roberts 

2. Peter Ram

3. M1 aka Mennace

4. Jaiga 

Carib Breakout Artiste of the Year

1. Jadel

2. Salty

Contractors who are owed billions of dollars by the State are likely not to see one red cent following a decision by the High Court yesterday to uphold the limitation defence used by the State to avoid payment to a contractor.

The High Court dismissed the claim by contractor Terrence G Wiltshire, of the Bynoe Rowe Wiltshire Partnership, to recover $14 million from the State for construction work he did eight years ago on the basis that the four-year limitation period to initiate the lawsuit had expired.

However, in dismissing the matter which Wiltshire had brought against the Attorney General, Justice Frank Seepersad acknowledged that the limitation defence to avoid payment had caused a kind of disquiet.

He said it also had the ability to erode the public trust and confidence in the executive and urged the State to do what was right. 

Wiltshire had gone to court seeking a mandate to get the State to pay the sum which represented a ten per cent retention payment on a package of contracts awarded by the Ministry of Education for refurbishment of schools.

Under government contracts the ten per cent is withheld upon completion and handing-over of the project so that any defects can be remedied. The contracts were completed during the period 2008-2009.

The Attorney General’s office moved for the court to strike the matter out on the basis that it was statute barred as Wiltshire waited past the four years legal limit to make the claim.

In an oral judgment delivered at the Hall of Justice, yesterday, Seepersad ruled in favour of the State. 

Submitting that under Section 9 of the Limitations of Certain Actions Act, claims in the contract must be proceeded with, within four years of the accrual of the cause of the action, Seepersad ruled that in this case the court found that the cause of action accrued in 2009 and the claim ought to have been filed in 2013.

In dismissing the claim, Seepersad strongly criticised the action of the State, pointing out that while a party is entitled to raise a limitation defence, the State’s action in the matter had caused disquiet with the court.

“When the State advances a technical legal argument so as to avoid the payment of a legitimate debt, such action can significantly erode the public’s trust and confidence in the executive and can lead to a heightened state of unlawfulness and anarchy.

“The position adopted in this matter also appears to be counter -productive, as such a stance may not lend itself to investor confidence,” he added.

He underscored that in the current economic climate, the inability to recover such a substantial debt could have debilitating consequences for a businessman. 

He suggested: “The symbiotic relationship between the business community and the State has to be nurtured, especially given the prevailing economic circumstances and the course adopted by the State in this case is not consistent with the call for patriotism and for the investment by businessmen in the local economy.

“While the court cannot enforce this debt, the State is urged to do that which is right.”

In the circumstances, the court indicated that it would be oppressive to make a costs order, given the fact that the State had received a substantial benefit from the partnership’s work. He ordered that each party had to bear their respective legal costs.

The Bynoe Rowe Wiltshire Partnership was represented by attorney Fulton Wilson. 

Attorney for the State, Karel Douglas, thanked the court for its comments. The attorneys acknowledged that the decision may impact on a significant number of contractors.

A 42-year-old former employee of the Kiss Baking Company has received $600,000 in compensation for a debilitating back injury he sustained five years ago. 

The company agreed to the settlement yesterday as the trial of the lawsuit brought against it by former employee Parass Poon, of Mon Plasir Road, Cunupia, was set to begin before Justice Frank Seepersad in the Port-of-Spain High Court.

The compensation package took into account general damages for his injury, the cost of his future medical care and his loss of earnings, as he could no longer work since being injured. The company was also ordered to pay Poon’s legal costs for initiating the lawsuit. 

In his lawsuit, Poon, a former machine operator, had alleged that the company was negligent in failing to anticipate the risks and hazards associated with his job and in implementing a safety system to minimise injuries. 

Poon had claimed that he sustained the injury to his lower back because he was required to lift plastic and cardboard packaging bundles, weighing between 50 and 80 pounds, for approximately eight hours a day. 

He also claimed he was required to stand continously for his entire shift. 

Poon, in his statement, claimed he had complained of lower back pain to his supervisor for several months before he was forced to leave the job in November 2010 when the pain became too excruciating for him to continue to perform his duties. 

Poon underwent treatment for his lumbar lordosis for over a year before he was declared medically unfit to work. Before settlement the company had denied Poon’s allegations over its negligence as it claimed he had sustained the injury while working in a second job as a mason. 

Poon was represented by Chris Seelochan while Kerwyn Garcia and Marcelle Ferdinand appeared for the company.