Self-emancipation, self-realisation

We are so racially sensitive that once “outsiders” or “others” criticise our race, tribal leaders immediately train their snipers at the messenger, in an effort to obfuscate the message.

It, therefore, falls upon someone from within the flock to rise to the occasion and say what needs to be said. This is the only route to self-realisation and self-emancipation.

Barack Obama and comedian Bill Cosby are the most recent examples of hard-talking, frontline black leaders.

I wish to remind readers of Cosby’s historic May, 2004, speech on the 50th anniversary of the landmark racial discrimination decision of the Supreme Court, in the case of Brown v Board of Education. Here goes:

Cosby’s comments:

“Ladies and gentlemen, these people set; they opened the doors; they gave us the right, and today, in our cities and public schools we have 50 per cent drop out.

In our own neighbourhood, we have men in prison. No longer is a person embarrassed because they’re pregnant without a husband. No longer is a boy considered an embarrassment if he tries to run away from being the father of the unmarried child.

The lower economic and lower middle economic people are not holding their end in this deal…I’m talking about these people who cry when their son is standing there in an orange suit.

Where were you when he was two?

Where were you when he was 12?

Where were you when he was 18, and how come you don’t know he had a pistol?

And where is his father, and why don’t you know where he is? And why doesn’t the father show up to talk to this boy?

We cannot blame white people. White people don’t live over there. They close up the shop early. The Korean ones still don’t know us as well…They stay open 24 hours.

I’m telling you, and people in jail, and women having children by five, six different men. Under what excuse, I want somebody to love me, and as soon as you have it, you forget to parent. Grandmother, mother, and great-grandmother in the same room, raising children, and the child knows nothing about love or respect of any one of the three of them.

All this child knows is ‘gimme, gimme, gimme.’ These people want to buy the friendship of a child….and the child couldn’t care less. Those of us sitting out here who have gone on to some college or whatever we’ve done, we still fear our parents.

And these people are not parenting. They’re buying things for the kid; $500 sneakers, for what? They won’t buy or spend $250 on Hooked on Phonics.

Are you not paying attention, people with their hat on backwards, pants down around the crack. Isn’t that a sign of something, or are you waiting for Jesus to pull his pants up.

Isn’t it a sign of something when she’s got her dress all the way up to the crack…and got all kinds of needles and things going through her body.

What part of Africa did this come from? We are not Africans. Those people are not Africans; they don’t know a damned thing about Africa.

With names like Shaniqua, Shaligua, Mohammed and all that crap and all of them are in jail.

(When we give these kinds names to our children, we give them the strength and inspiration in the meaning of those names. What’s the point of giving them strong names if there are not parenting and values backing it up)?"

Start parenting

“I can’t even talk the way these people talk. ‘Why you ain’t where you is go, ra,’ I don’t know who these people are. And I blamed the kid until I heard the mother talk. Then I heard the father talk. This is all in the house.

You used to talk a certain way on the corner, and you got into the house and switched to English. Everybody knows it’s important to speak English except these knuckleheads.

You can’t land a plane with ‘why you ain’t… ’You can’t be a doctor with that kind of crap coming out of your mouth. There is no Bible that has that kind of language. Where did these people get the idea that they’re moving ahead on this?

I just want to get you as angry that you ought to be. When you walk around the neighbourhood and you see this stuff, that stuff’s not funny.

These people are not funny any more. And that’s not my brother. And that’s not my sister. They’re faking and they’re dragging me way down because the State, the city and all these people have to pick up the tab on them because they don’t want to accept that they have to study to get an education.

When you go to the church, look at the stained glass things of Jesus. Look at them. Is Jesus smiling? Not in one picture.

So, tell your friends. Let’s try to do something. Let’s try to make Jesus smile.

Let’s start parenting.

Thank you.”

By Anand Ramlogan

Site Admin Note:

The full text of Bill Cosby's speech is available at: (click) American Rhetoric

The Clinton factor

The success of the Democratic National Convention, during which Barack Obama was confirmed as the presidential candidate for the Democrats, depended on Hilary and Bill Clinton.

A staggering 18,000,000 democrats voted for Hilary during the preliminary internal battle for presidential nomination (primaries).

As a confident Hilary saw the Obama snowflake develop into a huge snowball that gathered strength as it rolled down the hill, as desperation set in, her campaign strategy changed. She broadened her focus to include personal attacks on Obama himself. It was “do or die,” and she had to take off the kid gloves, dip into the political bunker and shoot from the hips with all the ammunition she had. Naturally, this included her husband Bill.

Obama survived and prevailed, converting every crisis into an opportunity to showcase his political dexterity and natural talent. He beat Hilary by a significant enough margin. Many felt Obama had won the battle, but the Democrats would lose the war. Hilary’s attacks against Obama were bound to boomerang and hurt the party.

Unification of the party was imperative, and the Clinton X-factor was worrying. Not any more. No doubt disappointed at not being chosen by Obama as vice president, Hilary rose to the occasion and delivered a masterful speech during the convention. She was gracious, dignified and compelling. She endorsed Obama, but remained faithful to the issues she raised during her campaign (healthcare for all, liberation through education, women’s rights and equal pay for equal work).

She credited herself with nearly breaking the glass ceiling that prevents women from reaching the top in politics, and successfully targeted and connected with the powerful female vote.

Enthusiastic crowd

Her connection with the audience was genuine, as she did not read from a prepared text, and made a lot of eye contact. Most importantly, Hilary managed to do all of this without upstaging or overshadowing Obama.

She seamlessly weaved her unconditional endorsement of him as the party’s presidential candidate into her speech, so that it was well-punctuated by references to Obama’s strengths and ability to lead. She cleverly linked him with the issues that were important to her supporters (“I can’t wait to watch Barack Obama sign a healthcare plan into law that covers every single American”), and hailed his wife as a good first lady.

Die-hard Hilary supporters who were reluctant to support Obama were reminded of what was at stake and sternly warned: “I want you to ask yourselves: Were you in this campaign just for me?” she asked. “Or were you in it for that young marine and others like him? Were you in it for that mom struggling with cancer while raising her kids?”

If Hilary was good, her husband was great. Bill Clinton has a charismatic appeal and rapport seldom seen in politics. The thunderous applause and electrifying welcome continued endlessly, and threatened to steal vice presidential nominee Biden’s (who had to speak later on) thunder, until he firmly stopped the enthusiastic crowd from continuing.

At a time when politicians in the US seem to be resigning every day over sex scandals and indiscretions, Bill’s popularity is incredible. One African-American delegate sought to correct history by reminding people that Obama was going to be the second black President of the USA, as he (Bill Clinton) was, in fact, the first black President of the USA.

This underscored the special connection and love Bill had with the black community—one of his strongest support bases during his tenure as president.

Unite party

Whether it’s the rumoured child he fathered with a black woman, or his ability to play the sax, Bill’s legendary relationship with this community was sincerely obvious.  Bill sought to neutralise the attack on Obama’s inexperience (a point he himself made in support of Hilary’s campaign) by reminding the crowd that this was the very criticism made by the Republicans against him when he ran for president.

He hailed Obama’s diplomatic skills because he understood that America needed to lead “not by the example of power, but by the power of example.” He attacked Obama’s Republican opponent frontally, saying he would simply continue the failed policies of the Bush administration:

“More tax cuts for the wealthiest Americans that will swell the deficit, increase inequality, and weaken the economy...

“More going it alone in the world, instead of building the shared responsibilities and shared opportunities necessary to advance our security and restore our influence.”

The Clintons have succeeded in uniting the party. Hilary has made herself critical to Obama’s presidential campaign and demonstrated her value to the White house if Obama wins.

The McCain camp has already started running advertisements with clips of Hilary’s attacks on Obama. The damage this will do can only be overcome by genuine unity.

It is left to Obama now to seal the cracks the Clintons have filled and sell himself as the next leader of the American people. As Bill said, “History is on his side.”

The Scholarship Scandal

How does one describe “political discrimination,” which translates into and necessarily results in racial discrimination or exclusion? This is the dilemma that affects the Indo-Trinidadian community. This question crossed my mind after the scathing Newsday editorial criticising the government for the scholarship scandal. The editorial ended by saying any criticism on the ground of racial discrimination was not justified, as it was a case of political discrimination. The PNM, like the UNC, favours and rewards its own. The UNC, however, ruled the roost for a mere six years, whilst the PNM has ruled for almost half-a-century. The statistics published in my last two columns demonstrated that less than ten per cent of the appointments to state boards and executive management hired by the boards so appointed were Indo-Trinis.

One of the counter arguments raised by way of explanation for the racial imbalance in the public service is that Indo-Trinis do not apply for these jobs, whilst Afro-Trinis conversely gravitated towards the public service. This argument, however, cannot be used to explain the glaring racial imbalance that exists in positions that are virtually a matter of political patronage, because there is no application, as the appointment is in the gift of the Prime Minister. The appointments to state boards and of ambassadors provide ample evidence of the exclusion of the Indo-Trinidad community from the power structure. This pattern of exclusion of the single largest ethnic group in our society is also reflected in state boards, ambassadorial appointments, staffing at our foreign embassies and the hierarchy of the army, Police Service, Fire Service, Prisons Service and the upper echelons of the public service. 

The Express newspaper analysed the list of scholarship recipients and concluded that less than two per cent of the awardees were Indo-Trinis. This scholarship opportunity was never advertised to the population at large, and was, therefore, available to a select few from the bosom of the PNM. It may be quite true to say that this is a form of political discrimination and that the awardees were selected not because of their race, but rather political affiliation. The fact, however, remains over $46 million of state funds were secretly disbursed and the Indo-Trini population was not given an opportunity to share in this pie. Were the shoe on the other foot, and PM Panday authorised the disbursement of $46 million financial assistance to students, 90 per cent of whom were Indians, would the Afro-Trini community say this was a case of political and not racial discrimination. I doubt it. When changes were made at Petrotrin, the cry from the PNM was “another African man bites the dust” and the company was dubbed “Petrosingh.”

No one in the media criticised the intellectuals who were crying racism then, so how is it, when the shoe is on the other foot, Indo-Trinis must sanitise their allegation and speak of political discrimination, when they feel that they are, in fact, victims of racial discrimination. Where does one draw the line between political and racial discrimination? In a society where the political culture is based on race, political discrimination equals racial discrimination, regardless of which of the two tribal parties are in power. Racial discrimination is the natural consequence of political discrimination. This is inescapable and inevitable. We should not bury our heads in the sand and conveniently speak of a rainbow country when our socio-political reality is quite different. The concept of racial equality is reduced to an Afro eating roti and doubles by his neighbour, and whether women will sleep with a man from a different race without any problems or objections.

This simplistic approach might be amusing and entertaining, but devalues an important constitutional right with a different meaning. Equality in this context means equal access to opportunity and the resources of the State. There can be no equality in a society where one major ethnic group does not have equal access to the resources of the state. The inequitable distribution of state resources is at the heart of the concept of inequality. Exclusion of the other tribe from the power structure effectively preserves the Treasury for one group at the expense of the other. The scholarship scandal is but a vivid example of how our politics results in racial discrimination. To expect the victims of this discrimination to see it as merely political, and not necessarily racial, is to misunderstand human instinct and one’s inherent sense of prejudice. Isn’t it time we start calling a spade a spade?

By Anand Ramlogan

'Rubber stamp' discrimination

If you’re waiting for a court judgment that declares that someone was a victim of racial discrimination, before you believe racial discrimination exists, you’re in for a long wait, for no one can prove racial discrimination. All a citizen can show is that he was treated unequally or differently, when compared with other similarly circumstanced people.

The motive and reason for the unfair treatment is not a matter the victim can prove, for this would be known only by the discriminator. This common sense reasoning explains why our constitution does not require an aggrieved citizen to prove why he was treated differently; all he needs to show is that he was treated unequally or unfairly. In the past, the racial imbalance in the public service was probably due to social, cultural and political influences that made it a more attractive career option for non-Indians.

Since the 80s, however, things have changed. Indians are now the single largest ethnic group. It is an educated, large workforce. They are not confined to the South alone, but have migrated to and re-settled in various parts of the island. The children of the cane cutters have been educated and find the public service a good career option. In the face of this new reality, the persistent racial imbalance in the public service and (in particular the hierarchy), demands closer analysis.

Demonstrated bias

Is there a glass ceiling in the public service that prevents Indo-Trini public servants from gaining promotion to the higher levels? Is there an institutional bias against Indo-Trini public servants? Is this bias a conscious, unconscious or subconscious one? Is this all based on race? Or, is it simply political favouritism and discrimination, which translates into a demonstrated bias against Indians, because our politics is one that is based on race?

Are there other forms of discrimination based on gender, locality connections, etc? The cases of Devant Maharaj, Khimraj Bissessar, Ganga-Persad Kissoon, Feroza Ramjohn and Harridath Maharaj all concerned promotion to high public office. The courts declared that they were treated unfairly when they were bypassed in favour of others.

Invariably, they were bypassed in favour of junior officers with less qualifications and experience who were non-Indian. Their long and distinguished careers were restricted by unfair treatment. I have represented many public servants of all races, and know that discrimination is not simply confined to race. It is much wider, and many Afro-Trini public servants are also treated unfairly. The complaints vary, but it is clear that all is not well with the hiring and promotion practices in the public sector.
What are some of the grouses?

1. The promotion interview panels seldom contain Indo-Trinidadian interviewers, and this leads to an unnecessarily (and sometimes unjustified) feeling of discrimination when Indian officers are given lower marks by the interview panel. It is suspected that interviews were used as a sham or device to ensure the promotion of certain favoured officers.

2. Staff reports and the disciplinary process are, sometimes, cleverly used to manipulate the procedure for promotion by suddenly giving adverse markings or inventing bogus disciplinary matters to prejudice and weaken an officer’s claim for promotion at a critical time.

Right questions

Once promotions are made, these adverse markings or disciplinary charges are simply withdrawn.

3. The system for acting appointments is also abused by putting someone to “warm” the seat without confirming them, while the favoured person is given time to qualify for the promotion, or the person appointed to act reaches retirement age.

4. The granting of study leave is carefully controlled to allow favoured officers time off to better their qualifications, while denying applications from others.

This allows some to “pad” their resumes and position themselves to cash in on promotions at the expense of others. It gives them an unfair competitive edge.

The commission is supposed to be independent, but operates in a vacuum or ivory tower, as though it is unaware of the plight of those who complain about discrimination and unfair treatment. It has done nothing to alter the racial composition of the interview panels, for example. It sometimes acts as a “rubber stamp” without asking the right questions, with the result that discrimination occurs frequently. It is often a classic case of an independent body naively “clearing track for a particular ’gouti to run.”

By Anand Ramlogan

A Loveless Thing

Hundreds of millions of dollars have been literally dumped into the CEPEP project. Clever middlemen who managed to negotiate lucrative contracts have siphoned off these funds in a system that is as transparent as canal water.

A Nation of Osmonds

Last week, I made the point that the murder statistics should not be viewed in isolation. The social ramifications were endless. When you want to know how many people have been murdered, look at the homicide statistics; when you want to know how many potential new criminals this murder created check the number of young victims who will have to fend for themselves and face the world without parent(s).

When a father or mother is murdered or maimed, the children are oftentimes left to their own devices.  The temporary charity and sympathy of friends and family quickly dissipates.  Life has to go on for everyone.  They drift aimlessly and vacillate, invisible to the rest of us and oblivious to the diminishing sense of humanity.

A tsunami of young criminals is gathering because more and more fatherless and motherless children are being fed into the whirlpool of criminal activity. This is why I have been lobbying the government to develop a social-economic safety net specially designed to cater for the young victims of crime.  At present, there is none. 

Osmond Baboolal was just 13 when the Dole Chadee gang murdered his parents and siblings.  He witnessed the massacre.  He and his sister Hematie (then 7) were the sole survivors.

Whilst Hematie was adopted, little Osmond was left to grieve and suffer in silence.  He roamed the streets, muttering to himself, trying to understand what happened and why.  Like so many others, it drove him insane.

Traumatized and emotionally scarred for life, he was reduced to a non-entity whose only claim to human attention was the frequent pointing finger of curiosity that accompanied the melodramatic inquiry “Dat is de boy who murder and fadder Dole Chadee dem kill?”

The State has failed the thousands of Osmonds who have been deprived of parental love, support and guidance because of crime.  These children are forgotten after the media lens close.

Numb with grief and brutalized by the uncaring nature of our society, they inevitably lose all respect for human life (including their own).  Their traumatized robotic existence and resulting insanity is a lethal combination.  They became easy prey for hardened criminals who are always on the lookout for new recruits.

A life of crime provides a unique opportunity to gain respect and attention. They can take revenge against a world that robbed them of their innocence and parents and then abandoned them. They gain acceptance into a new family (gang) and mistake the embrace of the gang leader for love.

Osmond’s testimony helped convict the Dole Chadee gang. He was left with the spiralling myriad of images of the brutal murder and flashes of hate and anger. The image of helplessness - of watching but not being able to ‘help’- leads to emotional paralysis. 

It’s therefore no surprise that Osmond was twice convicted in 2000 – for threatening a group of schoolchildren and beating an Uncle.  No intervention by the State to save him from himself.  At the tender age of 13, he was used and abused by the State to secure a conviction against Dole and his henchmen and then discarded.

How does the State expect these children to survive?  The stigma of the crime that took their parents makes people view them as “a blight”.  No one will hire them.  They drop out of school and off the social radar.

Crime has escalated under the PNM to such an extent that a clear policy is needed to assist the surviving victims.  Osmond almost murdered innocent Shereena (14) and Brandon (12) by viciously chopping them on the head and body.  They just happened to be at that wrong time at the wrong place.

It is unlikely that Osmond would mind going to St. Ann’s or jail.  It will save him the hassle of survival.  What he did to these children is horrifying but what the State and society did to him is equally horrific.  For every action, there is an equal and opposite reaction.

The tsunami of young criminals that I have been warning about is building.  I see the evidence of it in the school violence, the Magistrates Court and the growing iconic status of the rude boy and bad boy.

The government must assist the surviving children.  Endless money is being spent on ridiculous luxuries such as huge flags, the Tarouba Stadium, skyscrapers and arts centres while an entire army of Osmonds are ready to explode.  Time is running out for our sweet paradise.

By Anand Ramlogan

A Space for All

The South African Constitution is one of the most progressive in the world. Nelson Mandela took great care to ensure the concept of equality was wide and comprehensive. Discrimination on the basis of one’s sexual orientation is for example illegal. Elton John could therefore sing and dance as pleases.

In March, the South African constitutional court ruled that it was discriminatory for a school to ban an Indian girl from wearing a stud in her nose on the basis that this was an integral part of her cultural and religious identity. To allow the school to force her to remove her stud on the pretext that it offended school rules would affect the dignity of the human being. Indians are a visible racial minority in South Africa and the court gave maximum protection under the equality provision.

The right to be comfortable about one’s identity and enjoy living in a free society that affords maximum liberties curtailed only by the John Stewart Mills principle that restrictions be imposed to avoid harm to society or another individual is the cornerstone of civilization. The destruction of a people’s identity is by far one of the worst social crimes possible.

Thus, locally, Israel Khan’s legal battle to be allowed the right to wear Nehru suit in the Magistrate’s Court and his symbolic shredding of his tie is an important social statement about his own quest for equal space for his cultural identity. The successful fight by Sumayaah Hosein against a denominational school for the right to wear her hijab and the more recent controversy over the right of African students to wear their dread locks in school, are local manifestations of our own problems with diversity.

In last weeks column I confronted a demon that has stalked the Indo-Trinidadian community since I was a child. It has always been a topic of heated discussion that many fear publicizing because of the risk of being misunderstood or worst yet branded a racist. The issue is the exclusion of Indian men in advertisements in the print and electronic media and in particular in the portrayal of man-woman relationships. Women are invariably portrayed as partners to non-Indian men who are portrayed as modern, sexy and desired. Indian men are seldom used and when they are, their role is subsidiary and peripheral.

The avalanche of e-mails, calls and congratulatory messages confirmed the burning nature of this long-standing grouse. It generated an intense discussion on the website created by a handful of overseas Trinis who religiously follow this column (http//:www.anandramlogan.com) and showed that people wanted equal respect.

The subtle forms of discrimination are the more difficult ones to spot and accept as prejudice is often unconscious. To this day, many in our society fail to understand how the Trinity Cross as our highest award could have been discriminatory. There is always some justification or explanation and people get very defensive over discrimination. An advertising executive called me to say he never noticed the exclusion of Indian men in ads that portray relationships but admitted to having conducted his own informal survey in last week only to realise that there was much merit in this perception. He defended it as a mere coincidence but accepted that if the tables were reversed he would have felt slighted.

One African leader highlighted the ‘colour coded form of discrimination’. There was a clear preference for the fairer complexion among us regardless of race. This is what accounted for the disproportionate representation of white and light-skinned (mixed people). “When was d last time yuh see a kinky-hair black African woman with her luscious thick lips and generous sexy proportions in an ad?” she asked.

Nelson Mandela is perhaps the greatest advocate for gay rights but this fact is conveniently hidden because it is difficult to see discrimination against gays through the same telescope as apartheid. Many cannot bear to associate their hero with homosexuals. The quest for comfortable expression of one’s identity is part of the legitimate struggle for genuine equality. It is for this reason perhaps Panday disagreed with the word ‘tolerance’ as one of our national watchwords. ‘People no longer want to be ‘tolerated’ but respected and appreciated’, he said.  Those who enjoy the status quo must do some soul searching and pose the question “what if it were me?”

By Anand Ramlogan

Site Administrator's note:
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A dangerous slogan

I agree with AG John Jeremie that there is a need for “a more sophisticated justice system …… for the delivery of swift justice” but this can be a dangerous political slogan.  What we have to be careful about however is the erosion of the independence of the judiciary and the dangerous possibility of indirect political control of the administration of justice. 

The issue of how this can best be achieved was raised during the tenure of the UNC AG Ramesh Lawrence Maharaj who locked horns with then CJ Michael De La Bastide.  One of the issues at the heart of matter was the vexing question of who should be in charge of and control the budget for the administration of justice. 

There are two competing principles at stake: there should be no public expenditure without accountability to Parliament and the need for complete and genuine independence of the judiciary. 

No government wants a truly independent judiciary.  (Or DPP, Commissioner of Police, Solicitor General, Integrity Commission for that matter).  Political financiers and investors held secrets for men and women who, in their bid for power, made promises and accepted favours.  In our political culture this cultivates and breeds political corruption. 

A measure of indirect political control is always desirable to prevent prosecutions, (eg. Manning and LABIDCO), delay the inevitable by constant litigation (eg. Panday and the airport), “time” legal matters right, to suit the political needs (eg. Panday’s rape case on the eve of a general election), influence the outcome of sensitive cases involving supporters or financiers (allegations over Mc Nicholls land deal and secret meetings with AG) and have the option of political persecution via criminal/legal prosecution handy in case its needed (Dr. Keith Rowley and Sat Sharma). 

Political control of the judiciary is a symptom of dictatorship.  However sophisticated the machinery and mechanism for this control, it is anathema to the rule of law.  Judicial independence is necessary to ensure that no man is above the law, that we are all equal before and in the eyes of the law and that justice is fairly and equitably administered. 

That said, of equal importance is the point made by governments.  The judiciary must be accountable for funds given to it.  And yes, the pace of justice is slow and easy to manipulate.  If the judiciary is not performing or misusing tax payers money, who will guard the guards?  Ramesh had forcefully argued that the separation of powers principle had virtually transformed the judiciary into a sacred, untouchable cow supervised by and accountable to no one. 

When I started practicing law, judges were rude and arrogant (some still are) and many, quite frankly didn’t work.  Court finished at lunchtime as judges rushed off to the golf course in Petrotrin to relax.  Endless adjournments were the order of the day as cases dragged on for over a decade. The backlog of unwritten judgments caused by such laziness and a lack of resources was scandalous.

There has been much progress in the last decade in the administration of justice.  The publication of an annual report by the Chief Justice with statistics is a positive step. There are however, still no clear criteria or mechanism for evaluating individual judicial performance or identifying and addressing under performance.  There is also no defined avenue for the making or resolution of genuine complaints against judges. 

The answer to these problems however, lies in strong internal self-regulation and not control by the executive.  The government can, if it wishes, ensure that provision is made in the new constitution for these sensitive matters. 

Reinforcing the independence of the judiciary, strengthening the administration of justice in the context of public accountability, transparency and an efficient system of justice is a laudable objective. 

What worries me is the fact that the Attorney General Jeremie and the executive (meaning any government in power) is responsible for the very inefficient system they are now seeking to condemn.  It is the government that has consistently not made the administration of justice a legislative or expenditure priority. 

It is the government for example (not the CJ) that has to table legislation for and implement the abolition of preliminary inquiries, a system of plea bargaining, an effective witness protection programme, finance the creation of the much-needed DNA Lab, computerize police stations and the licensing office, renovate and build new Magistrates Courts, hire more judges and magistrates, pump money into the Forensics Science Centre and improve the salaries for judicial officers to make this a viable career option. 

Slashing the budget for the administration of justice in favour of ridiculous unnecessary mega projects is a hallmark of PNM squander mania.  When the price of oil and gas was high and money was no problem, the construction of new magistrates’ courts and hiring of more judges and magistrates was not a priority.  If the administration of justice was not a priority at a time of plenty, do you really expect it to be high on the government agenda during a recession and crime?

By Anand Ramlogan

ANAND RAMLOGAN'S SPEECH - COP Rally 6th October 2007

I always felt that I was lucky to have been in a unique position whereby I could practice law and comment on national and political issues without necessarily taking an official position in any political party. Although my opposition to the incompetent and bounding PNM is well-known, so too is my independent criticism of all political parties.

To abandon the luxury of being able to engage in politics without holding a formal position was a extremely difficult one. My passion lies in the practice of law. I have waged a virtual one-man crusade for social justice for the victims of discrimination and victimization such as Devant Maharaj, Marlene Coudray and the Maha Sabha. In my last case, I was able to get a court order for George Daniel to force the judiciary to re-model the Hall of Justice itself and provide wheel chair access for the disabled community.

I had come to see myself as the sling shot and pebble in the hand of poor David in his battle against the mighty, evil Goliath. I used the instrument of the law to achieve social equity, justice and fairness for one and all. Politics was a relevant, but mere hobby.

Why did I, therefore choose to leave this comfort zone?

1.  Why now? This election is not about who will rule T&T for the next 5 years. If the PNM wins it will be a repeat of 1956-1986 – 30 years of uninterrupted rule – as they will continue their aggressive housing programme and transfer votes in the areas they need it the most. In short, the results of this election shall outlive Manning, Panday and Dookeran but haunt and hurt my generation and the next for a long time to come.

2. As we monetize our oil and gas reserves, over $200 billion will flow through the hands of the next government in the 5 years to come I know we cannot trust the PNM to manage that money less to end up with more mansions and high rise buildings with a Prime Minister’s private jet flying above while people continue to die in the corridors of our nation’s hospitals without beds, crime forces us to retreat into the prisons that were once our homes and food prices continue to soar beyond the reach of the average man and woman because Caroni was destroyed.

3.  It is not just who, but what will rule the next generation as the dictator-like tendencies of Emperor Manning takes full flight. Our constitution will be altered and the erosion of fundamental human rights entrenched in the constitution will continue at a greater pace.

I understand the issues. I identify with your pain and suffering and I know I can make a difference. I come from Ben-Lomond village in Willimasville - the last of the sugar-cane indentured barracks - am the 16th child in a family of 18 children and grew up in a rum shop. No one can dare accuse me of being a knife and fork Indian. I come to you not with a knife and fork, but ah brushing cutlass and a crook-stick and ah does still enjoy eating meh rice and dhal and bhaggie in ah enamel plate with meh hand more than I do knife and fork food.

Why COP? The political vehicles with ethnic number plates have exhausted their utility and have become obsolete. They have served their purpose but do not have what it takes to take us into the future. If we continue to rely on them, we will continue to run a two-legged race hopping on one foot as one ethnic camp will always feel left out in the cold.

Why not the UNC? Although I am about new politics and not personalities, I know that I cannot avoid this question. Mr. Panday shall forever be a hero to many but this does not mean that I must be blind to his obvious avoidable mistakes. The UNC had a chance and blew it. The destruction of Caroni is painful but the truth is, Panday assisted in the destruction of Caroni by failing to strengthen and re-structure it when he was in power. He killed Caroni and Manning lowered its coffin with the UNC performing the last rites, arti and all!

The UNC has no appeal beyond its dwindling hard core base and more importantly, no life beyond Panday. Panday is the UNC and the UNC is Panday. It is no longer the vehicle that can unite the people and take us into power and I know you are fed-up of being in Opposition.

It is not so much that I am against any one but that I am for a new political vehicle in which we are all equal passengers heading towards genuine social transformation based on the principle of equality and fairness for one and all.

Don’t be distracted by the guttered politics of the old vehicles. Pity them for they know not how to rise above it. Already, Marlene Coudary and Clyde Weatherhead are traitors and Anand Ramlogan and Prakash Ramadan are Maha Neemackharams. Let them attack our characters if they so desire because by now people know who the true neemackharams are. They are the ones that failed their people when they had a chance to make T&T a better place for us to live in.

WE have betrayed no one; we have simply decided to free ourselves from the shackles of the past. We have gotten off the maxi taxi of the PNM and UNC because we believe they are taking us down a dead-end road and chosen to hop a ride with the COP bus driven by Winston. He is heading in a different direction.

Lets make it clear, we will not be distracted by malicious personal attacks. The stakes are too high and human relationships should not be corroded by politics. I have many friends in the UNC and PNM and ask that we conduct our politics in a decent manner that deals with the real issues affecting the people as opposed to the gutter politics of attacking personalities. That is the politics of the past.

The mistakes and wrongs of the past cannot be corrected from the Opposition benches and I know that you can trust the COP headed by our esteemed former Governor of the Central bank Mr Dookeran to spend the $200 billion that will flow through the economy in the next 5 years.

That said, the COP and Winston Dookeran is the only way forward. I am sensing a political revolution and know that you are ready to revolt with the ballot. One fella does only talk about licks; Well ah hope he ready fuh de cut arse that coming his way on Nov 5th! I know that you are ready to share licks in the East, West, North and South.

We are happy to have a leader with integrity. He is a good man with no malice. He will even allow Manning to come and bathe in the pool at the new PM’s residence! Just be careful he doh confuse him with de two pot hounds that was bathing there before! This election must be a political revolution. It will happen as I am sensing it on the ground. For those of you that play All Fours, Ah want a full six days on Nov 5th.  High, Low, Gamble and…Hang Jack!! TIME TO REVOLT WITH THE BALLOT….

 by Anand Ramlogan 2007-07-06

Agreeing with Bartholemew

The response of Central Bank to the complaint from the Global Organisation for People of Indian Origin (GOPIO) about the non-selection of Indo-Trinidadian students for its vacation internship programme was predictable and shallow.

It explained that no Indo-Trinidadian student was among the 14 students hired because the programme catered for the children of the employees of the bank. (Perhaps this was the bank’s way of implicitly admitting that the bank’s employees are predominantly non-Indians). Faced with the problem posed by the fact that there were students who did not fall into this category, the bank said other students were selected from ‘unsolicited applications’. How these students came to know that the bank had an internship programme and that it was willing to entertain unsolicited applications remains a mystery.

With Selwyn Cudjoe as a director one would have thought that the bank would have been a bit more racially sensitive towards the Indo-Trini community. Let’s face it: if Sat maharaj was a director, Dookeran was Governor of the bank and 14 Indian students were hired in a central bank full of only Indian employees, the Afro-Trinidadian community would have been understandably upset. The Central bank defended the racial bias in its staffing with the trite statement that race is not a factor in its recruitment and promotion policy which is based on merit. Apparently the bank has not been able to find any meritorious candidates in the half of our population that is of East Indian descent.

Gopio is as right to complain about racial imbalance in the staff at central bank as Prof Bartholomew is to complain about the preponderance of Indo-Trinidadian students accepted to study medicine. My problem is the former is roundly condemned as racist whilst the latter is viewed as having a legitimate complaint. Cudjoe has expressed the view that “the larger communal interest of a multiracial society cannot be served if 80% of the students UWI and 75% of the students of Trinidad and Tobago Institute of Technology (TTIT) are Indians." (Guardian, August 26 th 2003). I agree with this. Social development cannot be one-sided but balanced and equitable or else racial resentment is bound to occur.

My problem is whenever I try to make the same point regarding the relative absence of Indians in the protective services (army, police, prison and fire services), the hierarchy of the public service (permanent secretaries, chief technical officers and directors) and the foreign service (ambassadorial appointments and staffing at overseas missions), the very people that are so vocal in their support for Prof Bartholomew remain silent or rush to paint it with a racial brush. I am asked to produce impossible statistics to prove my point and have regard to the ‘historical and cultural factors’ but no one is singing that tune now.

Is it not true that Indian students have traditionally gravitated towards sciences whilst African students gravitate towards the social sciences and arts? What do the statistics show? Is it not true that Indian students are less involved in traditional extra-curricular activities when compared to non-Indian students? What does Prof Bartholomew define as ‘extra-curricular activities’ that should merit bonus points when evaluating applications from students who wish to study medicine? Is it confined to playing pan and football or does it include playing the dholak in the village temple and being active in the mosque?

Career PNM activists of long standing Ferdie Ferreira and Prof Selwyn Ryan came out in full support of Bartholomew’s call for more African medical students. The insinuation is that the criteria are too favourable to Indian students. Who comprises the admissions committee at the Faculty of Medicine? It is chaired by the Dean of the Faculty Dr. Phyllis Pitt-Miller (daughter of the highly respected late Lord David Pitt of Hampstead) and the majority of the admissions committee is non-Indian. It is therefore mischievous to make it out as if the Indo community deliberately created this situation with the intention of excluding others.

Ethnic monitoring policies are now a standard feature in most developed cosmopolitan countries. Universities are very careful to monitor their intake to ensure racial diversity without compromising the integrity and transparency of its admissions policy. This is also needed in our society but not just in the medical faculty for the benefit of non-Indians. It should apply to the protective services and the public service as well in favour of Indo-Trinis. There are as many Indians who qualify for employment with the central bank as there are African students whose excellent extra-curricular and academic record justifies their place in medical school. We cannot run a two-legged race on one foot.

By Anand Ramlogan 2007-07-21

All hands needed on deck SS UNC

Brutus: There is a tide in the affairs of men.
Which, taken at the flood, leads on to fortune;
Omitted, all the voyage of their life
Is bound in shallows and in miseries.
On such a full sea are we now afloat,
And we must take the current when it serves,
Or lose our ventures.
Julius Caesar, Act 4, Scene 3, 218–224

In October, 2007, I made a decision to leave the UNC. It was an extremely difficult decision, becauseI was a political disciple of Basdeo Panday. I joined the UNC upon my return from London, and stood at Mr Panday’s side as his lawyer and supporter through thick and thin. I fought many of his legal battles without taking a penny from him. In October, 2007, I decided to leave the UNC. It was painfully obvious that the time for change in the leadership of the party had come. Mr Panday needed to step aside and allow a new leader to take charge. We could not win government with him at the helm. He was tainted with corruption charges, and his credibility was compromised. His unforced errors as PM led to the collapse of the UNC government. Panday refused to facilitate change in the leadership of the party.

With a heavy heart, I left and joined the COP. When Kamla decided to challenge the two men whose mistakes and personal vendettas led to the UNC’s loss of government, I said: “Praise the Lord! It’s about time!” She was the leader-in-waiting that everyone wanted to emerge. She had remained with dignity in the shadows of Panday for far too long. I supported her and prayed that the change that we had all been praying for would come. Our nation is at a critical juncture. If the PNM is not removed from office in the next general election, there will be a repeat of 1956-1986, when it ruled this country for 30 years without interruption. Manning will analyse the election results. He will know where the PNM have lost votes, and calculate with surgical precision where the PNM has to build new housing settlements.

He will voter-pad by transplanting people from PNM strongholds into marginal constituencies, and entrench the PNM in government. People are fed up with Manning and the PNM! He has his priorities all mixed up! Manning has undermined the Constitution, which is the supreme law of the land. He has abused his powers and created a silent constitutional crisis that threatens the very rule of law. The independent institutions and offices that are meant to act as an audit and check and balance on the abuse of power by the government have all been manipulated and compromised.

This is the situation:
1. If you suspected political corruption, you would want to report it to the Integrity Commission, which has wide powers to investigate corruption (none for over a year now)
2. If the Integrity Commission finds a case is made out, it has to refer the matter to the DPP (Manning vetoed the candidate recommended by the Judicial and Legal Services Commission, and hence has someone acting).
3. The DPP can refer the matter to the Commissioner of Police, but again, Manning had someone acting at his behest.
4. If you wanted to complain about the police being biased in their investigations or police brutality, you would have to go to the Police Complaints Authority (none for over two years now).
5. If you wanted a firearm to defend your life and property, but the Police Commissioner refused your application, you have to appeal to the Firearms Appeal Board (none for almost two years now).
6. For over FOUR years, Manning refused to fill the posts of Solicitor General (SG) and Chief Parliamentary Counsel (CPC).

The SG gives independent legal advice to the Government and the CPC ensures the laws tabled in Parliament are properly drafted to protect us. Last month, after a four-year wait, Manning approved the appointment of Eleanor Donaldson-Honeywell, who is the daughter of former PNM vice-chairman John Donaldson, as the country’s SG. He also approved the appointment of Ian McIntyre as CPC. The extent of the undermining of our constitution by Manning is, perhaps, best illustrated by the terrifying state of criminal activity. The constitution of our country guarantees to each citizen certain basic fundamental human rights. The first right is the right to security of the person. In T&T, the State is unable to guarantee the safety of our citizens. Police Commissioner Philbert tells you not to wear jewelry or go out after dark.

The Police Service itself cannot even purge the criminal elements from within its own ranks. There is an undeclared state of emergency in this country. People are living under self-imposed curfews, sanctioned and endorsed by a government that cannot control crime. Our homes have been converted into virtual jails. If a state cannot guarantee the fundamental right to safety and security, the social pact has been breached and anarchy will prevail. This is a constitutional crisis. Manning has ruptured the very soul of our nation. The time has come for us to re-take possession of our land. People from all walks of life are expressing support for her mission.

She is an agent of change and will lead us to victory in the next local government and general election. Kamla’s humility and charismatic appeal has sparked a political revolution that has brought hope to a depressed nation. There has been a massive shift towards her on the ground. Some people don’t quite realise the extent of the political avalanche. The political ground on which they are standing is moving. I will join this political revolution and help her to get rid of the PNM. To my colleagues who are going around in circles, I say we need all hands on deck on one ship in order to defeat the PNM. The name of that ship is the UNC, and the captain of this ship is Kamla. The time to unite is now!

By Anand Ramlogan

An expensive 'Pappyshow'

The Uff Commission of Enquiry has all the hallmarks of a carefully-orchestrated political conspiracy. One caller to Dale and Tony’s popular morning radio talk show linked the fiasco to the premature resignation of former AG, Annisette George, who quietly resigned without any explanation. Could this be why she resigned? Could it be that the PM felt she didn’t have the political guts to manage this “project?” Or, maybe she indicated that she wasn’t cut out for this kind of fancy footwork? Jeremie certainly had the experience for the job after the Sat Sharma fiasco. This inquiry was doomed to fail, and set up to run itself into the ground. The signs were all there. PM Manning agreed to have this commission only because the allegations made by Ramesh in Parliament fell on fertile soil, in light of the evidence he provided to show the family links and connections between Mr and Mrs Hart and Sunway Construction from Malaysia. The company had just landed a $369-million contract to build the Legal Affairs Towers, and the evidence of nepotism and corruption was compelling, to say the least. In mid-July, 2008, less than two months after the commission was announced, PM Manning received Sunway’s representatives at his office for a private meeting, to discuss the possibility of further work and the status of current projects.

This meeting was an early signal from the PM to all concerned that this inquiry was not meant to be anything more than an expensive “pappyshow.” The selection of Israel Khan as a commissioner was another clue. Having made a public declaration of his admiration and allegiance to the PNM, his appointment was bound to be controversial and contentious. An excellent criminal lawyer, his abrasive attitude and temperament made him an unwise choice from the start. Then came the battery of mostly PNM lawyers, whose silent and not-so-silent support of the government facilitates an easy passage to lucrative legal work and creates a superficial veneer of pompous respectability to the proceedings. In the midst of the most damning evidence at the inquiry, a picture appeared on the front page of newspapers with the President, the PM and Mr Hart toasting with champagne and laughing, to commemorate the opening of the waterfront project.

This was a clear message to the commissioners that they should be careful what they write in their report. It is reminiscent of pictures of Panday clapping while the dancing Dhanraj Singh threw powder onto supporters when frustrated contractors were begging Panday to intervene and clip his wings by stopping the extortionary behaviour of the notorious ten per cent man.
Imagine our President, who appointed this commission, toasting with the main accused that is the subject of the inquiry. This is the same President who appointed Michael Annisette an independent senator, despite the fact that he was in the government’s back pocket (as evidenced by his appointments to numerous state boards, including Udecott), and hence incapable of being truly independent. The same President who cannot appoint a new Integrity Commission for over nine months now, so that complaints of corruption at Udecott can be investigated.

It’s difficult to avoid the perception that our President is “in” on this grand PNM project/conspiracy that is designed to make the government look transparent, while protecting and covering up the massive corruption that has occurred. The application for judicial review by Udecott is hilarious. This is a government-controlled, state enterprise. It puts the AG in a precarious position and embarrasses the Government. It is a classic case of right hand not knowing what the left hand is doing. Or, is it? The idea must surely be to create a thick smokescreen that makes the AG look like a pious, serious corruption-buster while nevertheless facilitating the legal challenge on the ground of bias. It is a case of the Government being biased against itself, it seems. Nothing will come of the inquiry, because the Government cannot afford to let corruption be exposed. It is Manning’s main trump card with the electorate and against the beleaguered UNC. The case will either drag on in court; the report will not be made public; or criminal charges will be laid on the eve of the next general election, as a prelude to another endless marathon journey like the one in the airport corruption cases. Why don’t we just save ourselves a lot of money and give Calder Hart a nice Christmas bonus?

By Anand Ramlogan

Arrogance unforgiveable

The Dharmacharya (spiritual head) pundit cut a lonely picture at the National Awards celebration. For the brief moment that I looked at the awards ceremony, he sat by himself in a row of empty chairs. To me, his conspicuous lonesomeness reinforced the isolation and marginalisation many in the Indo-Trinidadian community felt, as only two of their own merited recognition by the State in the award of national honours (two out of 27 awards!).

The insensitivity of the continuing racial imbalance in the recipients of national awards was more pronounced this year, because this was the first awards ceremony after the abolishment of the Trinity Cross. Many Hindus and Muslims felt that the award of the Trinity Cross amounted to indirect discrimination by the State, because of its religious connotation, symbolism and affiliation with the Christian faith.

Historic litigation led to a finding by the High Court that this award was, indeed, discriminatory, and hence the invention of the brand new “Order of Trinidad and Tobago.” 

The political insensitivity is made all the worse by the ethnic tribal nature of our politics, as the ruling party has its base in the Afro-Trinidadian community. In the novel, To Kill a Mockingbird, attorney Atticus Finch said that to understand another man’s feelings one should step out of one’s shoes and walk around in his. I thus pose the question: What if the Indo-dominated UNC administration, led by Panday, conferred national awards on mostly Indians?   To be more specific, what if only two out of 27 recipients were Afro-Trinidadian? And what if this developed into a trend or pattern year after year? How would the Afro-Trinidadian community feel?

Racial imbalance

I would not be writing this article if this year’s racial imbalance was a mere aberration. I feel compelled to do so because it is not. In a nation where Indo-Trinidadians comprise the single largest ethnic group, there isn’t a single year when they outnumbered their non-Indian counterparts in any category of national awards since 1969, when the awards began.

Does the community suffer from some unidentified collective deficiency that disqualifies them from national recognition by the State?  For the Government to demonstrate such crass political arrogance is unforgivable. Mr Manning’s political desire to reach out to the Indian community is a matter of public record.

In his previous term, he publicly announced that he was “looking for Indians” to include in his Cabinet, so that it would reflect the plural nature of our society. In 1991, he established the Centre for Ethnic Studies at the University of the West Indies, and commissioned a report to investigate allegations of racial discrimination in the public service and address the racial imbalance therein.

Only eight Indo-Trinis have ever been awarded the nation’s highest award since 1969. Out of these eight recipients, at least four of them received this award ex officio (to the office). Six Trinity Crosses were given to foreigners and/or non-resident Trinis who arguably made no national contribution.

The continued exclusion of Indo-Trinidadians from national awards has, perhaps, given rise to a feeling of inferiority, of not being able to measure up; alternatively, it can fuel a feeling of resentment, based on the suspicion that their contribution to the nation is constantly bypassed without any recognition from the State.  

It is amazing that an experienced politician such as Manning does not understand the need for greater sensitivity in the selection of national award recipients. There is no political gain by causing unnecessary hurt to the Indo-Trinidadian community, and it is imperative that the State applies a soothing balm to sensitive wounds. Given Mr Manning’s penchant for preaching, it is not inappropriate for me to call upon the preacher to “apply the healing touch.” I trust that this issue would be handled with better discretion, dexterity and equality in the future.

I wish to end this column by paying public tribute to my legal colleague, Mr Terrance Thorne, who was posthumously awarded the public service Medal of Merit (Gold). Terry served this nation with loyalty and distinction, and was a source of tremendous inspiration to me. He waged a long battle against cancer and continued to perform his duties in a diligent and professional manner, despite his blindness. We fought many legal battles, but remained excellent friends. His jabs in court were of the highest quality, and his spunk was something I looked forward to. If ever there was a deserving recipient for a national award, Mr Thorne was. It’s a pity that he was not honoured while he was alive.

By Anand Ramlogan

Avoiding the gutter

The issue is not necessarily who the stronger or better candidate is in the UNC internal elections. If the objective is to dislodge the PNM from office the relevant questions are:

• whose style is more amenable and conducive to achieving political unity among the warring opposition forces
• who is most likely to attract cross-over support from other ethnic groups
• who has a realistic chance of targeting and capturing a base on their own
• who has the political experience to handle the PNM
• who would Panday feel more comfortable to endorse

The positive and warm response from NGO’s and Women’s Rights Groups that greeted Kamla’s announcement shows that she has an identifiable gender base that crosses the racial divide. Whether this maternal/wifely support will translate into votes is another matter but it is clear that as a female political leader she has a following.

She has the political experience to target and strengthen both the Indo-Trinidadian base and the pliable ‘middle passage’ voters who seem frustrated with the PNM but dislike Panday.

Kamla’s dilemma is truly delicate. How does she step out of Panday’s shadow without severing the very umbilical cord that nursed her political career to such heights? She must win over and rally support from Panday’s fan club without criticizing him too much because his base is the party’s spine. She must carefully, deliberately and simultaneously distance herself from Panday’s autocratic leadership style and numerous unforced political errors and mistakes.

She must gently ease and wean herself away from her political guru Panday so that people can see that she is capable of leadership without Panday as the ultimate puppet master.  She must strike the right balance by associating herself with and projecting herself as a child of Panday whilst communicating her own dreams and visions for members. She must sing from her own hymn book, and promote a new political template. New ideas must emerge from her platform to show how she can take the country forward.

She must be wary of Panday’s destructive Machiavellian plans. He is the ultimate strategist and tactician. He has once again checkmated his two main political rivals. If Ramesh, Jack and Kamla start ‘fighting ‘ each other they will simply cancel out each other and destroy their  political worth and value.  Panday would rise like a Phoenix from the ashes and emerge as the only true leader and statesman by default.

This election is analogous to the leadership battle via the primaries in Democratic Party in the USA. Black Barak Obama created history by defeating white female dynastic Hilary Clinton. Part of the strategy that worked for him was the fact that he never stooped to her level. When desperation set in and Hilary’s attacks became personal, Barak remained focused on the issues and displayed respect for his opponent. He publicly recognised her political value and worth and praised her as worthy opponent.

By not ‘killing’ Hilary, Barak was able to win over her massive support base by embracing her and making her a part of his team. She campaigned for him and helped him to win the presidential election. This style of leadership is badly needed in the UNC and T&T.  Ramesh is a formidable political opponent whose only crime is that he exposed political corruption and became a thorn in Panday’s political ego. He was, at one time, seen as his natural successor.

Ramesh is a one-man army; an institution in his own right; a fearless fighter with an in-depth knowledge of the flaws in the system. The fact that people fear him and he is seen as ruthless is both a strength and weakness but a good leader will know how to harness and use this to the benefit of the party. He has his own political value at a time of high crime. They should aim for each other’s political shoulder but not the heart.

Kamla and Ramesh must not fall into the trap of attacking each other so much that their campaign descends into a mud wrestling match with a smiling, snickering Panday looking on as match referee. Jack’s endorsement of Kamla’s bid for leadership is a significant development for Jack is the only man that can build the bridges between the gaps that must be connected to mount a credible challenge to the PNM. 

Kamla’s challenge is to get people to realize that she has a brain of her own and was simply biding her time, waiting for the right moment to toss her hat into the ring. Patience is a virtue and Kamla has certainly waited for a very long time for this opportunity.  She must not squander it by descending into the gutter politics of the past. Rise Kamla, for now is your time. You’ve come too far to turn back now.

By Anand Ramlogan

Baffle them with...

The vulgar and obscene spending spree by the Manning administration has taken a twist for the worse. Millions of dollars are being wasted on an advertising frenzy, utilising taxpayers’ money in a last-ditch attempt to win votes. Full-page coloured ads by ministries and state enterprises flaunt their many “achievements,” while a dazed and indifferent body politic “steups” in bewilderment and amusement. Does this violate the election laws? It is certainly immoral and unethical, because it contravenes the spendin

g limit of $5,000 per candidate. Can it be justified on the basis that it is the government, as opposed to the PNM, that is doing the advertising? No; because it is naked political campaigning by a political party that is dipping into the state’s coffers to finance its campaign. Its action and conduct transgressed an important line that demarcates the ruling political party vs the government.

The election strategy seems clear: if you cannot get around the two big “Cs” of corruption and crime, bombard them with advertisements boasting about your accomplishments. This strategy seems set to backfire, though, as irritation is turning into outrage as people realise it’s our money that is being wasted, while hospital beds are scarce. If you can dazzle them with brilliance, baffle them with...

Of course, if the ads in the print and electronic media don’t work, there’s always the good old tactic of a good party and fete. Thus, the PM has been busy hosting parties and meeting the people. Last weekend, Manning hosted a function for teachers, principals and youth groups at his residence. Expensive Johnny Walker Blue and Gold Label whiskey flowed like water. Live entertainment accompanied the event, and many partied the night away late into the night. Cascade residents are up in arms over the intrusion.

The traffic jams around Queen’s Park Savannah caused by guests of PM frustrated everyone. Apart from the noise of the events, residents were upset over the disruption to their lives caused by the mass of cars descending on the relatively small area of the President’s Grounds, contrary to the President’s Grounds Rules and Regulations. The spending spree by the PNM must be a cause for national concern. Respected former Independent Senator Prof Julian Kenny has submitted a complaint to the Integrity Commission on this matter. His quite simple contribution to transparency did not make headline news, but

I wish to reproduce the text of his letter (permission obtained), in the hope that it will enlighten us and prompt action by the IC:

"In accordance with the provision of Section 32 (1) of the Integrity in Public Life Act 2000, which Act has been in force since November 6th 2000 (Legal notice 265) I wish to make a complaint to the Commission that the Cabinet of the Republic of Trinidad and Tobago is collectively in breach of Section 24. (1) (a) in unfairly using public resources to promote the current administration in the 2010 general election and (b) in affording undue preferential treatment to itself over other contending groups and Section 24. (2) (c) in using public property or services for activities unrelated to official work.

“My complaint is based on observation of numerous full-page advertisements in the three daily newspapers, all bearing the coat of arms of our country, the Vision 2020 logo, the names of the ministries, and slogans such as “Under the current Administration led by this Prime Minister”, “Moving in the Right Direction” or “Moving forward together”. “Some time ago, when I investigated advertisement costs, it was approximately $7,000 dependent on the day of the week. I assure you that I am fully aware of the electoral law of the country and the limit imposed on individual candidates, and, that in this law there is no restriction placed on political parties, groups or other individuals.

I have also noted numerous other political party advertisements that also appear in the same newspapers and accept that the parties are acting within the law, given that there is no restriction placed on them. “There may perhaps be other dimensions to the format of these advertisements that may become apparent to the Commission, particularly the authenticity of the statements and the intended targets. “Enclosed please find a sampling of these advertisements that have recently appeared in the daily newspapers. “I trust that in due course after consideration of my complaint you will advise me of the decision of the Commission.

Yours faithfully
Julian Kenny"

Balancing the scale

THE public outrage over the death of baby Luke is understandable. The instinctive reaction is to blame someone. And, ultimately, someone must accept blame.

When I dubbed this a case of institutional murder, however, I had in mind the fact that the issue was larger than the negligence or incompetence of one individual. It was a continuous, systematic and procedural failure that could be caused only by poor management and policies.

I received an e-mail this week that sought to give a balanced view from the other side:

“Dear sir, I am writing with regards to my own opinion about this tragic issue.

I am a medical doctor (a children’s one at that, too.) I have worked at the Eric Williams Medical Sciences Complex (EWMSC) in the past as an employee in the paediatric A&E department, and since then been to the UK and now (I have) returned to try and play my own part in building our nation and improving the lot of our people.

So that there must be no misunderstanding of the intention of my message, let it be stated categorically that:

This is a very unfortunate and tragic event. My condolences go to the family. I would appreciate if you let them know that persons (including a doctor) have expressed this via this medium.

There is no doubting this fact, and there must be no attempt to trivialise or cover it up at all.

That a wrong diagnosis resulted in the end point of the death of this child must not be denied.

That the right diagnosis at the time of the Monday night visit would have made a difference in the outcome—we can ask that question forever and never answer it with certainty.

Still, this cannot reduce the dreadful impact of this event on the family involved. The hope that goes with ‘what if’ can never materialise.

During my time in the A&E in EWMSC Paediatric Department, we were exceedingly short-staffed.

We worked eight persons per day—three from 8 am to 4 pm, three from 4 pm to midnight and two from midnight to 8 am—eight-hour shifts, and frequently through our lunch time (I recall holding a sandwich with my left hand and sitting to write a patient’s notes with my right).

Those days we attended to about 200 before midnight and about ten-12 overnight (six persons multiplied by eight hours multiplied by two day-time shifts per day equals 96 person hours). Ninety-six person hours to attend to about 200 patients—a patient in 30 minutes, assuming each patient had only to be attended to once and not reviewed!

The A&E in EWMSC is now (slightly) better-staffed, but the fact remains that the staff there work under very trying circumstances.

(Compared to the UK, the word ‘under-resourced’ is a bad joke), patients walking past the door and staring in, persons knocking on the door and interrupting a consultation asking, ‘I here for — number of hours! All yuh know when I am going to be seen?’

The sound of a patient cussing and threatening to beat somebody up if they are not attended to “now” is all too common.

The picture I am hoping to paint is that this is a stressful area of work, but we all have, within our chosen field of work, stresses to overcome!

It can be very busy, especially Monday 8 am to midnight (add 50 patients to the figure above).

My point: I do not know the young doctor involved. I now, like half of Trinidad, know only her name. She has been subject to stress and threats to her life and well-being.

The girl has reportedly shed more buckets of tears than ought to be due to someone. I feel the last statement is meant to underline my feeling that this individual recognises that an error in judgment has had dire consequences, but she is a human being.

She is subject to errors in her judgment. She is a junior doctor working in a stressful environment. She did not go out to work with an intention to slaughter, before shift’s end, some innocent child.

I respect your efforts at seeking redress/justice on behalf of this family. I hope I am not being seen here as trying to interfere with that process.

I would recognise that whatever form of justice that is extracted or dispensed is not going to reverse this tragedy. It shall unfortunately not bring this baby back to his family.

Address the shortcomings of the system as you have pointed out.”

By Anand Ramlogan 2008-03-23

Beware at malls

I feel compelled to alert the public to the lax security in most of our shopping malls, because the wife of a good friend, who contested the last general elections for Congress of the People, was almost kidnapped and robbed in daylight, last Saturday. The incident occurred at a popular shopping mall. 

She was about to exit the mall at around 5.30 pm when she was accosted by a boldfaced bandit, who locked her neck in a hold that made it difficult to know if he was hugging her, play-fighting with, or harming her. She started gasping for breath and tried to claw at his eyes. He was demanding that she give up the keys to her vehicle and take him to it to go for a ride.

Brazen bandit

Most people passed by, minding their own business, thinking she was “acting up” in public, embarrassing herself. One guy stopped to inquire if she was OK and the bandit told him that the victim was his girlfriend and that he should mind his own business. The poor girl motioned that all was not well and cuffed the bandit who was then forced to release the girl. A short while later, the bandit calmly walked up behind the same victim inside the mall as she was trying to call for help on her cellphone.

The petrified girl started running and the bandit pursued her inside the mall in front of hundreds of shoppers on a Saturday afternoon. He started telling people “stop my girlfriend! Stop her!” By divine intervention, a police officer was coming up the steps and the girl ran straight into him and just started crying uncontrollably and pointing at the bandit. The officer gave chase (not knowing why), and with the help of a another guy, managed to arrest the bandit.

He appeared before a magistrate in the San Fernando Magistrates' Court and as it turned out, he is a seasoned criminal, who has several pending criminal cases, but was out on bail. The victim is disoriented and traumatised. It could just as easily have been you. CCTV cameras should be installed in public places including shopping malls. Mall-owners should be mindful of the safety and security of customers. Car theft, pick pockets and roving gangs of bandits who terrorise customers should not be ignored.

Youth loiter

They profit from high rental income, but the cheapest security guards are often used, more for cosmetic purposes to lull people into a false sense of security than any real deterrent. Police suspect the security guards as being and acting in cahoots with car thieves operating at malls.

Last month, a mother visited my office to seek advice. Her daughter broke school and went to “lime” in the mall. She was raped in the toilet by three youths who taped her mouth and forced her into a toilet cubicle. One woman entered and used the adjacent cubicle and was none the wiser. The mall’s management offered to pay her daughter’s medical bills on the condition that she not speak to the media. Compensation in the sum of $10,000 was paid.

Gangs of youth loiter and monitor potential victims as they park their cars. They use cellphones to text and call other gang members who are stationed at various strategic points in the mall to see what a woman is buying—this ensures that she is worthy of being robbed or kidnapped. It is a sophisticated and well-oiled machinery. Inadequate mall security being paid minimum wage would not risk their lives to assist innocent customers who are in danger. It is easier to turn a blind eye.

Perhaps the time has come for Parliament to enact laws to compel popular commercial business enterprises to upgrade their security systems by installing CCTV cameras that are monitored by the mall’s security department. As I read about our preparations for the Fifth Summit of the Americas and the installation of scores of security cameras on light poles along the Churchill-Roosevelt Highway and the Priority Bus Route, from the Piarco International Airport to the capital city of Port-of-Spain, for the safety of visiting dignitaries, I can’t help but wonder why this couldn’t be done a long time ago for the benefit of the average John and Jane.

By Anand Ramlogan

Black and white facts

If no one else is fit to lead the UNC, what would happen if Basdeo Panday dropped dead in the morning? I guess the party will be buried with him. Everyone, it seems, is “unfit to lead” except Panday. Panday’s scurrilous character assassination of Kamla is bound to backfire, because he has chosen his very own perceived weakness to tarnish her. Who can forget the appeal to the media to stop taking photos of PM Panday with a drink in a glass in his hand? The media was castigated for portraying Panday as a constant drinker. Now that Panday is trying to fit his shoe on Kamla’s foot, most see it as a blatant case of “pot calling kettle black.” People are outraged by it. Kamla has risen to the occasion, and is engaging and demonstrating the depth of her political experience. Her symbolic walk through the crowd at Panday’s launch in her constituency was a master stroke. It sent a clear message that she was not afraid and will not be intimidated. Her speeches have focused on the issues, and struck a chord with the UNC faithful.

Although I was pilloried and vilified in the last general election for saying Panday was responsible for the closure of Caroni, Kamla has now made a similar criticism. It is a fact. Panday mishandled Caroni. The closure of Caroni was started by the Panday government, which was ready to dismantle it and sell it off. The budgetary allocations needed to revive the company were not forthcoming, and the company went from bad to worse. Panday, once the champion of the barefoot labourers in the sugar cane estates, was a different man as Prime Minister. When Penal and Barrackpore flooded out, he and Oma left on a plane to attend the christening of Lawrence Duprey’s grandson. He and Oma busied themselves learning to play golf, as they hobnobbed with the Port-of-Spain elite. He was seduced by the very parasitic oligarchy he once condemned, and turned his back on his people, opting to leave the fate of fledging Caroni in the hands of the Gerry Hospedales-led divestment committee and the technocrats at the Ministry of Finance.

Kamla launched a scathing counter-attack this week, and made a compelling critical assessment of Panday’s leadership. She recited “the black and white facts” about his failing leadership. A critical review shows:

1. Panday has not won a general election since 2001.
2. He has lost two general elections and drawn one (18/18).
3. The number of seats in Parliament for the UNC has steadily decreased from 20 in 2000 to 15 at present.
4. The UNC-controlled local government corporations have steadily decreased.
5. More than 100,000 supporters defected to the COP.
6. His contributions in Parliament have steadily declined (both in terms of frequency and quality).
7. The dismantling of Caroni 1975, Ltd started under his administration.
8. He sidelined his frontline Indian supporters in favour of non-supporters to such an extent, that the plum positions in his cabinet and significant control of state power were given to strangers. Examples include Brian Kuei Tung and Gerald Yetming (Finance), Mervyn Assam Trade, Industry and Commerce), Carlos John (Infrastructure), Jerlean John (Transport), Lindsay Gillette (Energy).
9. He has destroyed, buried and  resurrected more Indian politicians than the PNM   
10. Claims he didn’t know his wife received $10 million from Duprey and is now before the criminal courts.

Panday’s attack on Kamla could backfire. People are upset and hurt. One friend sent me the following e-mail: “If Kamla is such a bad person, did someone put a gun to Panday's head to appoint her as AG, Minister of Education and Acting PM? “Why did he continue to allow her to represent the people of Siparia? Are her constituents stupid to vote for her in such large numbers in each general election? “How could he allow such a horrible person to represent his party in Parliament? Is it desperation on Panday’s part or poor judgment all these years? “It is time to take him out of his political misery and relegate him to the footnote that he will eventually occupy when the political history of this country is written. “Were it not for the egos of Panday and Ramesh, we would still be in government. People should not forget this!” Indeed.

by Anand Ramlogan

Blood Bank Blues

Capturing our terrorists

Police Commissioner Trevor Paul and PM Manning enjoyed a respite from public criticism over the appalling crime problem because of the arrest of ‘terror suspects’ wanted by the US. Lest we fall prey to the glib praise gushing from the US and UK ambassadors, perhaps we should remember our predicament where we face terrorism from criminals on daily basis.

In the midst of the unprecedented bombings in Port of Spain PM Manning confidently boasted that he knew who ‘Mr. Big’ was and hinted at an early arrest. To date not even a house fly has been arrested.

This - from the same man who on the eve of the last general election announced that he was going to hand over a lucrative and sizeable piece of State land to Abu Bakr’s Jamaat Al Muslimeen. This is the same land that the army had fenced and occupied in an effort to protect the State’s right of ownership and resist the bullying tactics of the Jamaat.

Of course, these facts must be neatly ignored or avoided by diplomats who must praise and thank the government for its cooperation in securing the arrest of the terror suspects who allegedly plotted a bomb attack on JFK International airport.

Over 6 years has elapsed since the costly importation high-tech spy equipment from Tel Aviv in Israel with no explanation as to why such sophisticated equipment which was supposed to be used in the fight against crime has failed.

Over 2 years ago National Security Minister Martin Joseph indicated that the country’s horrible crime wave was being caused by a mere 500 persons who belonged to mafia-style gangs. He promised they would be monitored, targeted, arrested and prosecuted. Despite the thankful drop in kidnappings and murder rate, the country could hardly be described as a safer place.

Sophisticated weapons have gone missing from the army and ended up in the hands of gang leaders who operate and control “crime hot-spots”. There was a lockdown and soldiers were prevented from leaving the base. The weapons were recovered but to date the entire affair remains shrouded on political and criminal mystery while our brigadiers attend cocktail parties and pose for pictures.

This of course, is not the first time a direct link was established between the nation’s protective services and the criminal underworld. Several police officers and soldiers are presently before the local and foreign courts on charges of kidnapping and murder. How many more undetected rotten eggs are in operation in the protective services?

State guns in the hands of criminals are not a new or recent phenomenon. There have been several instances of police guns mysteriously disappearing only to surface in the hands of bandits and murders. To date, no one has explained how a gun that was logged for safe keeping at the Arima Police Station ended up in the hands of the kidnappers that eventually murdered Uttamdeo Maharaj in Palo Seco. The laughable conspiracy theory about police officers renting their guns to young bandits for a fee is no longer a laughing matter.

As if to remind us of the ridiculous state of affairs, this week four revolvers mysteriously disappeared from the Morvant Police Station where they were secured in a police locker. Two of the fire arms along with several rounds of ammunition were recovered by the North Eastern Divisional Police.

Three young men were arrested but no explanation has been given as to how they were able to gain access to a secured locker and remove guns and ammunition in the full view and glare of police officers in charge of the station.

In keeping with our finest tradition no mention was made about any investigation into the police service itself with a view to disciplining the officers who were on duty at the material time.

There is no doubt that the major break-through in the crime in the crime situation occurred because of the invaluable involvement and assistance of the FBI and the Scotland Yard detectives. Had Balliram Maharaj not been a US war veteran his undiscovered dismembered body parts would have continued to melt and disappear into the earth. It is the results of the tests conducted by forensic experts in the UK that led to break-through in the Vindra Naipaul kidnapping and murder.

No local DNA lab as yet but hundreds of millions spent on a new residence for the PM and an unnecessary stadium in Tarouba the prognosis isn’t good.

Now that we have helped the US capture its terrorists perhaps it can return the favour and help us capture the criminals who have been terrorizing our people. We clearly need outside help.

By Anand Ramlogan  2007-06-08

Cause for concern

The Guardian editorial on Friday made an important point regarding the need for accountability in the next budget. Surely, ministers must explain how monies voted in the previous budget were spent in a way that enables us to determine whether we got value for our tax dollars!

Year after year, more money is voted without any serious critique on the previous year’s expenditure. A cost-benefit analysis is surely needed. The editorial hit the nail on the head when it said: "The Ministers of Health, National Security and Education, for a start, have to account for no fewer than $20 billion spent on these portfolios in the current fiscal year. Have there been real and tangible benefits?"

A cursory glance at the newspapers in the last few weeks shows that San Fernando General Hospital (SFGH) is either mismanaged or terribly underfunded. Here are some of the stories:

Air-condition malfunction derails Sando surgeries
( Thursday, July 24, 2008)

"The two central air-conditioning systems at the SFGH collapsed yesterday evening, causing the cancellation of operations at the Radiology and Urology departments as well as the Blood Bank."

Hospital chaos, 17 patients in one room, await beds for over 8 hours  (Thursday, July 10, 2008)

“One female patient, who had been waiting for a bed since Tuesday night, said: ‘This is real hell in a country with so much money. We cannot even get a place to rest we head’

The patients were willing to speak about their plight, but did not want to be identified, for fear of victimisation.

Imtiaz Ahamad, chairman of South-West Regional Health Authority, told the Express that ‘the only way to ease the overcrowding is to have another facility.’

He said the board had done all it could to ease the overcrowding, adding that the old ICU unit had been refurbished to accommodate 11 patients.

The bed management system is working and we are thinking about a new initiative which we cannot disclose at this point,” Ahamad said.”

Bed shortage forces patients to leave (Friday, July 4, 2008)

“Several patients left the SFGH disgusted yesterday, while others remained lying on stretchers for several hours inside the Accident and Emergency Department.

And nurses complained that they were unable to admit them to the wards because there were no beds available.”

Surgeries off again at Sando hospital (Saturday, June 28, 2008)

“Neurosurgery and plastic surgery services are once more not available at the SFGH, and all patients requiring such operations are being referred to other institutions.”

Health and postal strikes in Trinidad  (April 22, 2008)

“Overcrowding has gotten so bad at the hospital, that the asthma room, a room supposed to be dedicated for those awaiting emergency asthma treatment, is being used as a holding bay for those awaiting hospital beds. Patients admitted for emergency asthma treatment also complained of overcrowding in the asthma room.

There has been a perennial shortage of beds in the medical wards, and patients are even kept overnight in the asthma room, with no facilities for showering.

The nurses have raised the problems with the authority, ‘but no one listens to what we have to say.’”

No running water at San Fernando General (Saturday, July 26, 2008)

“‘Almost the whole hospital was shut down, Wards 3, 6, 8, Urology, Burns and the medical wards could not function,’ the hospital source said, adding that kidney and diabetic patients were also affected.

Patients were unable to take baths, and nurses were also concerned about their hygiene, since they are required to wash their hands after dealing with each patient.

Throughout the wards, a stench emanated from the washroom as patients were unable to flush toilets.

One patient said the washroom was filthy...

A hospital official said: ‘There is no cause for concern.’”

Bathing with bottled water at Sando hospital

"The SFGH has been without water since Friday, which has resulted in patients having to clean themselves with bottled water supplied by relatives.

A pregnant woman from Ste Madeleine, who asked that her name be withheld, said she did not have a shower in 36 hours, because ‘It have no water and if it continues I would have to leave the hospital until water come.’

She said there were scores of patients on the labour wad who had not had a shower for two days.

The woman said: ‘Some of the toilets have not been flushed for the whole day, and the smell in those areas is disgusting.'"

Before we blindly vote more money for the health ministry, shouldn’t we first inquire why the substantial monies voted last year did not improve the service the SFGH provides to citizens?

If by now we can’t solve the problem of bed shortages, it’s time to ask “Mr Minister, whey de money gone?”

Changing the Mirror

What a week! Not a dull moment: Panday blocked from entering parliament by armed policemen; the true identity of dirty dancing teenager Danah Alleyne exposed – daughter of a popular pastor; the greatest batsmen in cricket history our beloved Brian Lara resigned from international cricket; Machael Montano involved in an altercation that leaves a youth seriously injured; no less a person than the Prime Minister came out in support of Danah and the PNM trained its guns on Johnny Soong in an effort to shift blame from the pastor and his daughter.

Murder and mayhem took a back seat as the hypocrisy of our half-baked society took front seat. We refuse to accept the reflection in the mirror and seek to blame the mirror and try to change it. Perhaps we prefer to enjoy the status quo in a suspended state of disbelief than face the raw social reality.

Some say it started with the junior secondary school shift system of education. Children were left with far too much idle time during working hours when it was impossible for parents to monitor their movements. The result is that they were exposed to maxi taxi conductors, drivers and touts, bullies and other idle people who had nothing else to do with their time except exploit their adolescent vulnerability.

The liberation of carnival exposed children to party songs with sexually explicit lyrics and bumps, wines and grinds. Far from simulating romantic sex, it glorified horning, having a good time and zipless sex. Add to this the rap, dub and hip hop culture that praises all the bitches, ho’s and niggas in the house and chutney performances that now threaten to make even the worst dutty wine girl blush and you have Danah’s generation.

I have been lecturing to schools as part of the Guardian Leadership Series Programme and interacting with students all over the country. The bad boys and rude gyals rule ting now, marn. Smoking and drinking, sexing and drugging, boom box blasting, they have their own nirvana-on-wheels in the maxis.

In the same way parents blame poor teachers, everyone wants to blame Akon and Johnny Soong. At the tender age of 15, Danah sports a provocative tattoo above her butt, pierced belly button, oozes sex appeal and bares the sides of her breasts in a risqué outfit that would make a chutney dancer blush. On her HI 5 profile available on the net, she states: “i am really outgoing, wild, and luvvvv to have fun, luvv to be around frendz and hang out and off course PARTYYY!! oh well... ima bitch,ive got class,mess wid me and i'll kick ur ass!!neways u'll jus have to get to knw me if u wanna knw nemore!! "

Complete with photographs in sexually provocative poses, young Danah described her occupation as ‘professional slacker’. Her response to ‘employment’ is “Nahh, I dohh work – I livin off Pappiii!!!" So much for those tithes and offerings in the name of the Lord, I guess.

How can we blame Akon? How was he supposed to know her age? Far from being shy and coy, Danah was wukkin it up quite nicely with a crowd of adults (policemen and all) cheering on in true Trini style.

In the same way parents are quick to blame teachers, everyone is quick to blame Soong. Yes, she should have been denied access to the club. That was wrong, yes; but so is selling cigarettes and alcohol to minors.

We have created a culture that is based on and glorifies flesh and sex and everyone is in on the act – the young, the old, the good, the bad and the ugly. Be it the poom poom shorts, pajama party or wet fete, its all hypocritically passed off as good natured fun.

The infamous Manzanilla Ash Wednesday cool down fete saw women strip naked and allow men to cool down their private parts with water from melting ice in full view of everyone (including policemen). This was no more than an uncomfortable social hiccup. The same police that are so quick to target Soong have taken no action against the women or the promoter. Why?

In the final analysis there is no substitute for good parenting. If Soong prevented Danah from entering Zen would that have helped? One night at club Zen did not make her the person she was on stage! The signs were all there (tattoo, pierced navel, sexy outfits in the wardrobe etc) but Danah’s parents ignored them, pretended they meant nothing or flippantly dismissed it as ‘a phase’. And yes, good parents can have bad children, but good children seldom have bad parents. Let Danah Alleyne ask Choclate Alleyne.

By Anand Ramlogan

2007-04-29

Constitution on vacation

Resignation of the Speaker of the House of Commons in the United Kingdom is a timely reminder of why the Westminster system of parliamentary democracy is ill-suited for Trinidad and Tobago. As a former British colony, its adoption is historically understandable, but it is meant to work and function in a society that is politically mature, where Parliament is, indeed, the highest court in the land, and where intelligent and meaningful debate takes place in the public interest. The Westminster model cannot work in a racially based, tribal system of politics where political immaturity supports and condones political absurdity.

Thus, Finance Minister Tesheira remains immovable, despite the Clico cloud of doubt and suspicion hanging over her head, and Martin Joseph’s abysmal failure as Minister of National Security appears to have impressed Prime Minister Manning so much, that he has never once hinted at his removal or demotion, despite a recent Cabinet reshuffle. In the Westminster tradition, both these ministers would have had to resign. In our system, they flourish.

Incompetence is rewarded, and clever manipulation of the facts to obfuscate seems to earn the admiration of the Prime Minister. There are no receptive minds to persuade in Parliament. Everyone simply follows the party line. It is party before Parliament and country.

PM dictate
The sense of personal responsibility is absent from our politics. Personal “moral and spiritual values” are outweighed by the PM’s endorsement and condonation, no matter how wrong you are. What informs and sustains one’s tenure in office is the desire and dictate of the PM, as opposed to public sentiment and judgment. The evaluation of one’s performance by the PM is of paramount importance to the exclusion of critical assessment by the masses. President Richards can, therefore, ignore the groundswell of public opinion against him, because PM Manning has probably told him not to bother to return, as this could only add more fuel to the already raging fire that is threatening to burn and badly scar his presidency. To continue with his vacation in the face of this unprecedented constitutional crisis demonstrates contempt for the constitution and people.

Deadline for filing annual declarations with the Integrity Commission is the May 31, and there is no commissioner in place to extend the time or pursue defaulters. The fact that Danny Montano, a former PNM minister and well-known hard-core supporter, is acting as president, can only further undermine the perception of political influence and interference in the process of appointing a new Integrity Commission. There are only a few situations where the constitution gives the President an absolute power to make appointments in his own deliberate judgment. Such instances are exceptions to the norm, as the President normally acts on the advice of the Cabinet or PM. Against this backdrop, it can easily be said that “ignorance of the law is no excuse.” The President would surely have researched his power under the constitution and familiarised himself with the instances when he is called upon to act on his own. In the circumstances, the subtle pointing of fingers at his appointees to the failed Integrity Commission is sad. How does the need for greater “self-assessment” explain the last-minute “flip-flop” over the appointment of Justice Hosein as vice-chairman?

Best example
Since Fr Charles confessed to plagiarism, how did the President manage to comfortably ignore this conspicuous shortcoming and appoint him chairman? “Resigning,” one letter writer sarcastically stated, “was not a Trini thing.” She is correct. The concept of personal responsibility and accountability is sadly replaced by the political umbilical cord that connects the ministerial and other public officials to their beloved father of the PNM. Society is subservient to party. The need for genuine constitutional reform is urgent. However, you cannot legislate a culture of competence and integrity. Much more will be needed to create a culture of trust between the people and their elected representatives and the holders of high public offices. Leading by example is the best way to purchase public confidence. If President Richards should resign, this would be a step in the right direction and act as a catalyst for meaningful change. It will enhance the office of president. To do otherwise will conversely damage the creditability of the head of our state and the office of president.

By  Anand Ramlogan

Costly battle

In retrospect, had former Chief Justice (CJ) Sat Sharma not filed for judicial review to stop his criminal arrest and prosecution, the entire fiasco may have been over a lot earlier.  Sharma would have probably resumed his rightful place and function as the country’s CJ until retirement. The protracted legal challenge was costly in many ways. It created a cloud of doubt over his integrity, cost millions of dollars, and proved futile, as he was not spared criminal prosecution in the Magistrates’ Court. Add to this the emotional damage, frustration and despair that Sharma no doubt suffered, and the tip of the iceberg barely reveals itself.

Crime, Crime, Crime!

The Government has lost its grip on the reins of governance. No one is listening to ministers, except themselves and the audience in front of them that must.

The ground beneath the upper and middle class is moving, as the earthquake of uncontrollable crime creeps and cuts across barbed wire fences, remote-controlled gates, security alarms, gated communities and security guards, deep into the belly of families. People are packing up and leaving, forced out of their homes by savage crime. Every family with young children wants to have a foreign passport, as the option of leaving is now becoming a serious imperative.

Fourteen-year-old Amrika Ramdial was kidnapped by four men in a grey Honda Civic outside her home in Gaston Street, Chaguanas, last Friday. People who witnessed the abduction recorded the number plate of the getaway car, but the plates were traced back to a trailer truck.

Amrika was abducted in daylight at around 3.45 pm. A car pulled alongside her, and two men came out with guns and snatched her as she walked towards her home in Orchard Gardens. She left behind one side of her shoes and book-bag. Police roadblocks failed to stop the getaway. What if Amrika was your child?

The day before, Ryan Naipaul, the brother of businesswoman Vindra Naipaul Coolman, who was kidnapped in December 2006, and killed, was robbed. Naipaul-Coolman was kidnapped from Lange Park in Chaguanas. Her brother, also from Lange Park, reported to police that at around 9 am on Wednesday he was in his front yard when two men with guns ran in and grabbed him. Money and jewelry were taken, but—perhaps more importantly—the thieves made off with his two licensed firearms: a pistol and a shotgun.

A few days before, Philippa Talma, daughter of former Independent Senator Prof Julian Kenny, was kidnapped and held captive for nine days.

There could hardly be a better definition of a model citizen than Julian Kenny. He has served this country with loyalty and distinction, and has quite a sense of humility and dignity. His contributions as an independent senator, academic and environmentalist are invaluable. The destabilising torture is seen in his description of the events:

“A normal humdrum routine before the evening ritual of the news; a brief phone call; puzzlement, a brief drive to Philippa’s boutique; her empty car; security arriving; police arriving; Dan arriving; Jean arriving; a neighbour describing to the police the event; the car number; internal confusion; a desperate call to Martin, his visit; his cellphone calls as he paced about the lawn; a wretched sleepless night and endless waiting; two chilling telephone calls; absolute panic, blood pressure 190/120, our family doctor’s visit and a drug-induced sleep—and the machinery moves into full gear.

The ups and downs of blurred time for all of us in the next few days; the calls from many; visits, some simply taking over the routine tasks; the e-mail, really frightful thoughts; mostly deepest despair mixed with hope, and eventually, the one call from Peter on that Sunday morning, nine days later, Mother’s Day—we’ve got her.

Then release.”

The incompetence of a minority PNM government allowed a handful of criminals to blossom and grow from strength to strength. The PNM nurtured these infant gangs with lucrative URP and Cepep contracts. It exploited their vulnerable dependency syndrome, because it wanted to ride the back of the black tiger into political office. Now, it cannot dismount or wound it, for fear that this powerful tiger will indiscriminately devour even the hands of those that once fed it.

Martin Joseph remains firm, despite the proliferation of gangs under his watch. He has probably lost count and can’t be bothered any more. He has armed security.

Blood and tears are flowing like water, and the soul of our nation has been ruptured. The haemorrhaging continues unabated and the situation is desperate and critical. When would Mr Manning realise his government needs to reorganise its priorities to focus on the things that are literally killing us?

Is it too much to ask of our PM that he should stop looking up into the sky at his beloved skyscrapers, so he could see the bloodshed and anguish of those with who live and walk on the ground?

By Anand Ramlogan 2008-05-25

Critical changes needed to rescue T&T

The traditional year-end wish list column has become so trite and predictable that I cannot find the energy to do one this year.

In reviewing my previous year-end columns I noticed that most of the wishes remain unfulfilled as T&T has moved from bad to worse in several critical areas.

We have progressed from a murder a day to one in every 20 to 22 hours. People write, as we expect, condemning this year’s figures and expressing hope for improvement in the new year.

For the last six years however, the seamless transition from the previous year’s murder rate into the new year’s bloodshed seems to have gotten easier with time.

The current trend has raised fears that we may soon graduate to the stage where 2,000 people are murdered every five years.

Young men no longer live to take care of their parents or children (if they were lucky enough to experience fatherhood). The internal sickness that seems to have afflicted our once carefree society has spread to the point where it has crippled our normal daily life. Everyone is exposed and feels naked and vulnerable. Easy targets who can easily become a mere statistic at any time.

Economic fortunes and a buoyant economy have done precious little to arrest the social decline because the wealth has not trickled down in sufficient measure.

The Government is yet to understand the difference between handouts that fuel a dependency syndrome and the empowerment of citizens who can utilise State resources to create sustainable personal wealth.

People skim through the small Laventille murder articles and quickly turn the page because it is yet another gang-related murder that doesn’t touch and concern the rest of society.

Newspaper editors could easily cut and paste yesterday’s Laventille murder story onto tomorrow’s newspaper with the minor adjustment of the name change.

There is no compassion as the pain and anguish of the mothers in Laventille continues to be ignored despite the fact that their loss and pain is no different to any other mother who has lost her son to crime.

Instead of declaring a limited state of emergency and flushing out the criminal elements from their nests in the North, the Government’s inaction allowed them to migrate and spread their wings so the police are now complaining that if they plug one leak in the North three more spring up in Central and South while their backs are turned.

The upshot of all of this is that our crime-infested society is slowly disintegrating. People are leaving and many are thinking twice about remaining. Most leave with a heavy and unwilling heart but feel they have no choice as the criminals have driven them from their own homeland.

The current police service cannot solve the crime crisis. Superintendent Chandraban Maharaj did his country a great service by going public with his concerns about criminal activity within the police service itself by senior officers who facilitate and promote the illegal gun and drug trade.

The addition of more SRPs will further dilute the quality of our policing.

The criminal justice system will continue to malfunction unless adequate resources are immediately invested to salvage and preserve what is left of public confidence in the administration of justice.

Last week, a defendant accused of the PriceSmart robbery was freed because the police officer did not show up in court for a second time.

A friend called to report a robbery that was in progress and was actually asked by the officer “which side of the road yuh livin’ on?” because they fell in different police districts.

Millions of tax payers’ money have been spent in paying compensation to citizens whose constitutional rights were violated by police officers.

The Ministry of the Attorney General actually represents the police officers in these cases and knows who the culprits are. Amazingly, no attempt is made by the Attorney General to ensure that these officers are disciplined or removed.

At minimum they should be made to repay the monies paid to their victims by the State as a result of their illegal abuse of the power. No one monitors calls to the E999 service or police stations in general to ensure quality customer service.

In the same way WASA promptly arrives on your doorstep within six months after a road is finally paved to dig it up and run a pipeline, so too it is only a matter of time before the tentacles of criminals elements reach into the so-called crime-free safe zones.

Urgent fundamental changes are necessary to save T&T in 2008 or else many more will leave our beautiful shores.

By Anand Ramlogan 2007-12-29

Crying Wolf

“It may be that the Government should be given some credit—as opposed to flippant cynicism—for providing financial assistance to citizens in need, especially our young, in pursuit of outfitting themselves educationally, thus gearing up to make a contribution to the advancement of our country. Minister Marlene Mc Donald’s explanation in the House, a few days ago, gave a little more understanding of the assistance provided by her ministry, and damped down the controversy, contrived or genuine.”

I didn’t think it was possible for anyone to comment on the scholarship scandal without dealing with the following points:

1. How could the Attorney General’s Office describe the so-called “financial assistance” as scholarships when providing the information in court?
2. the scholarship was never advertised and was, therefore, secret; if it wasn’t advertised, there was no equality, as non-PNM students were intentionally excluded;
3. the criteria was hitherto unknown, and this obviously led to a lack of transparency;
4. many recipients were known PNMites who could hardly be described as poor and needy;
5. the list painted a picture of political favouritism;
6. the ethnic imbalance was glaring and wrong;
7. the areas of study were not relevant to the needs of the country;
8. unlike national scholarships, there was no obligation to serve the state after qualifying;
9. many persons listed as having received money have since publicly disclaimed and denied this.

The Guardian editorial of December 5 was an apologetic, defensive response that praised the Government and skilfully avoided the above issues. At times, it read like something from a PNM manifesto, as opposed to an independent newspaper with the motto “Guardian of our Democracy.” The author of this editorial was, perhaps, the only person who thought that the minister’s statement in Parliament gave a better understanding of the issue and dampened the controversy. It’s quite the opposite. The minister sought to justify her refusal to disclose this very information to Parliament, on the ground that she was trying to shield and protect the awardees from this kind of public scrutiny.  

When public funds are being spent, the public has a right to know, and there is no countervailing privacy argument that can override this. It is a basic principle and fundamental tenet of democracy that there can be no secret expenditure from the public purse without accounting to Parliament. The issues raised by the minister’s speech which, apparently, escaped the attention of the editorial are:

1. How was equal access to this scholarship achieved in the absence of public advertisements?
2. How did the awardees come to know about the opportunity?
3. Why were some persons given so much, and why were others given so little?
4. Why were persons who clearly do not meet the criteria of “poor and vulnerable” given these scholarships?
5. If Opposition MPs had asked for assistance on behalf of poor constituents—and this was evidence that the scheme was not that secret—why did some persons receive more than one scholarship, whilst others were confined to one?
6. Why were persons named as beneficiaries when they received no money?
7. How is it that the ministry did not pick up the unaccounted surplus at the end of the financial year? “Whey de money gone?’
8. What changes (if any) are proposed to ensure transparency, equity and fairness in this programme?
9. Why was money being given to pursue courses at foreign universities that were available locally?
10. Should the Fraud Squad not be called in to investigate this matter, to ascertain the status of the missing funds?

Dr Keith Rowley was hauled before the Integrity Commission and eventually fired over a “missing” $10 million. This has been clarified and repeatedly explained to be an accounting error. However, the PM wanted it to be the subject of a commission of enquiry in the interest of transparency. The muted response to the claims, that some awardees never received any money but are listed as having done so, underscores the malice against Dr Rowley. Different strokes for different folks, I guess. The editorial appeared to trivialise the important issues raised in this scandal by stating at the onset the “national community appears to be engaging in one of those dust-ups which brings on the regular players...emitting the regular noise.”

Those who questioned this scheme were described as “self-appointed activists, skewed by partisan political posturings.” As for the admonition that we may be unnecessarily crying wolf, (“the barking of a watchdog, if indulged in for every passer-by, will eventually lead to a fed-up society, ignoring the one time a true burglar appears”), might I suggest that the editorial was guilty of trying to dress up the wolf in sheep’s clothing, because it refused to cry “Wolf!!

By Anand Ramlogan

Dear Mr Philbert

If acting Police Commissioner Philbert is as serious about solving crime as I think he is, he must deal with the simple problems that can be solved without foreign consultants. People lose confidence in the Police Service when things that make no sense continue unabated without any credible explanation. A few common-sense solutions to a few common problems must be considered. Philbert must respond to the frustration we experience when simple, unbelievable stories reinforce the image of police incompetence on a daily basis. Enough has been written about the larger problem of crime prevention, detection and investigation. I want to focus on the lackadaisical attitude and the strange policies of the Police Service.

Not our district
Last week, an old woman who was robbed visited to relate her story. Barely literate, scared and traumatised, she was sent to three different police stations, because the crime did not occur in their district. Like so many other victims, she eventually gave up and didn’t bother to report the crime. “Is nuh like they goh hold anybody,” she sighed. Is it really necessary for police officers to turn people away because the crime did not occur in their district? Can’t the report be taken and forwarded (via e-mail or fax) to the relevant station for investigation? Do trained police officers really need to handle such matters? Can’t A-Level graduates with para-legal training be hired as “customer service representatives” to deal with administration to allow trained officers to tackle crime?

Casual attitude
Reports to the local police precede domestic violence and village squabbles that turn deadly. If the police take such reports seriously, and act on them in the early stages, a lot of unnecessary suffering would be avoided. For example, it was reported that Arnold Partapsingh, 43, and his son Joshua, 22, from Aassarath Road, Cunupia, were brutally chopped by another father and son at home. Young Joshua had to undergo emergency reconstructive surgery on his mutilated left hand. Prior to this attack, Partapsingh had made several reports to Cunupia Police Station, because his car was burnt and he was being constantly bullied, threatened and harassed by his assailants.

The casual attitude and indifference of the police almost cost him his life. Had Cunupia police acted on the previous reports and stopped this bully, law and order could have prevailed. A young man’s hands might have been saved, and a violent father might not have been able to influence his son to attack defenceless people. Mr Philbert, what are you going to do about this informal policy of not acting until blood is shed or it’s too late? Community and domestic crimes like these can be prevented, so please, act now.

Drunk driving
The police routinely reprimand people for saying the driver of vehicle that hit them was drunk or intoxicated. Some clients have indicated that the officers recording their statements bluntly refused to write this. Recently, for example, in the Mosquito Creek tragedy, the police laid several charges for reckless and dangerous driving, but none for driving under the influence of alcohol, or while intoxicated. This kind of illogic is responsible for the loss of confidence in the criminal justice system, and belief by many that our law is, indeed, an a--.

When was the last time you saw someone being charged with drunk driving in Trinidad and Tobago? God alone knows we drink and drive more than average. The belated introduction of the breathalyser might make a difference, but how many more must die before the government implements this life-saving law is Philbert’s and Imbert’s guess. I trust that these issues can be addressed as a matter of urgency. They are “low-hanging fruits” on the tree of change planted by Philbert and Mastrofski that can be easily reached with minimum effort.

Don't be so Cross

The Trinity Cross is about to be replaced with an award that would eliminate the friction and grumbling protests from non-Christians in our plural society. Today, I wish to remind readers of a piece I had written during the controversy.

It wasn’t about the Trinity Cross. It was about much more than just that. The reason I decided to file a constitutional motion to challenge the Trinity Cross had less to do with the cross and more to do with how it was perceived by the Hindu and rural Muslim communities.

The PNM had/has a predominantly Afro-Christian base. It attracted some Indian support from the Presbyterian and urban Muslim communities, but remained a fundamentally “Christian” party. This explains why, for 30 years (1956-1986), there was no Hindu government minister under the PNM, and why a Bhagavad-Gita could not even be found at President’s House when Panday was being sworn in as Prime Minister.

The Trinity Cross was perceived as a manifestation or symptom of what was, in substance if not form, a Christian state that tolerated non-Christians. The objection was not purely religious; it had a political and psychological dimension.

The resentment stemmed from the fact that no one seemed to care about the obvious arrogant injustice that such an award could lead to in a multi-religious society. You are an equal citizen and have the right as a free citizen to decline the award.

Of course, it’s a bit like saying that the race is open to everyone, vegetarians and meat-eaters alike, and no one should make trouble simply because the top prizes are a good steak or ham. The battle, therefore, wasn’t really against the Trinity Cross per se. It was against a status quo that preached equality on paper, but had unofficially and informally declared the supremacy of Christianity as the religion of the leaders and party in power, and, by logical extension, the State.

It was heartening to hear PM Manning remind himself that ours is a secular democracy and accept that having the Trinity Cross as the nation’s highest award was inconsistent with this concept. It conflicted with the constitutional guarantee of the right to equality of treatment and undermined the idea of every creed and race finding an equal place in our society.

The judgment of Justice Jamadar shall forever remain one of the finest examples of an independent judiciary protecting the supreme rights of all citizens to be treated equally by the State. 

Ms Wilhelmina McDowell Benjamin, one of the designers of the Trinity Cross, said Christianity or religion never entered her mind when she did the design, and that she simply felt anyone would feel proud to wear such a medal. She never intended to discriminate. This is where the people need to understand the fundamental development in the law of discrimination.

It is not necessary to prove that there was an intention to discriminate in order for there to be a violation of the right to equal treatment. The correct approach is whether the matter complained of has, in fact, resulted in discrimination. It is a results-oriented approach to the whole question of discrimination. Had Ms Benjamin designed an OM for the nation’s highest award without any intention to discriminate against anyone, that would not mean that distressed Christians were not being discriminated against?

This historic and landmark case will remain one of my most cherished. I remember the disbelief of many when I told them I intended to challenge this award. I found willing clients in Sat Maharaj and Inshan Ishmael. Let history record it was a challenge to the political and religious status quo that succeeded.

Might it forever remind us of the importance of equality. In the words of Justice Jamadar:

"This general prohibition against non-discrimination thus prohibits laws that differentiate between people on the basis of their inherent personal characteristics and attributes.

A court is entitled to consider granting constitutional relief, where the claim is that a person has been discriminated against by reason of a condition which is inherent and integral to his/her identity and personhood.

Such discrimination undermines the dignity of persons, severely fractures peace and erodes freedom. Courts will not readily allow laws to stand, which have the effect of discriminating on the basis of the stated personal characteristics."

Equal Rights, please

 There has been a lot of debate about the exclusion of discrimination on the basis of sexual orientation from the government’s new Equal Opportunities Bill. Today, I wish to quote what the Court of Appeal said via the judgment of Justice of Appeal Archie (with whom the CJ Sat Sharma and Mendonce JA agreed), in the constitutional motion that discussed the constitutionality of the old law that was declared unconstitutional.

 In Civil Appeal No 64 of 2004, the court said:

41. This (homosexuality) may not be a fact that is palatable to most persons in Trinidad and Tobago where homosexual acts are generally disapproval and are still subject to criminal sanction, but orientation or preference is not the same as behaviour. I say this with the greatest of deference to the learned trial judge who undertook a very detailed and sensitive analysis of this point. It is not a crime to have a homosexual or lesbian orientation. In fact there is no evidence, at least in this case, that one can choose an orientation although there are those who argue that the sex towards which one’s romantic or sexual desires are focused is more a matter of ‘choice’ or ‘preference’.

 42. It is not for this court to resolve that debate, but it is axiomatic that all legislation has to be construed and applied so as to remain in conformity with the Constitution and in particular the guaranteed rights to equality of treatment and equality before the law under section 4 of the Constitution. To the extent that the EOA is inconsistent with the Constitution it is void. In respect of the exercise of statutory powers, the authorities are clear that, in the absence of some compelling justification, it is unreasonable for a decision-maker to reach a decision that contravenes or might contravene fundamental rights. Similarly, any law that is on its face discriminatory has to be justified on the basis of some reasonable distinction between those who are differently treated, otherwise it offends against section 5 of the Constitution. Sexual ‘preference’ or ‘orientation’ cannot, by itself, afford such a distinction. In any event, how does one determine such a thing unless it is self-confessed? It is a subjective distinction based on prejudice and stereotyping with no countervailing factors to justify it.

43. The effect of specifically excluding  a particular category of persons, on the ground of sexual orientation, from the protection afforded by the EOA to others, is to deny them a fundamental right on a basis analogous to one of the grounds enumerated under section 4 of the Constitution (i.e. ‘sex’). It is a denial of the protection of the law and of equality of treatment under the law. The flaw in the appellant’s argument lies in the conflation of orientation with actions. It is revealed in the reasons of the trial judge in the following passage.

“Legislative intent and policy in Trinidad and Tobago, unlike in Canada and in the U.K., is to continue to treat homosexuality as a very serious criminal offence and it would be contrary to public policy to vest rights in individuals which stem from their condonation and practice of what the legislature has deemed to be serious criminal offences…”

It is a fallacy to assert that any real or claimed rights may stem from one’s sexual orientation. No one can seek special protection on the basis of his orientation. The fundamental rights are aptly so called because they arise from our inherent dignity and value as human beings.

 44. In treating with the arguments in this way, it should not be assumed that I am accepting without question the proposition that it is justifiable for anyone, and more particularly for the State, to discriminate against anyone in relation ton employment, education or the provision of goods and services purely on the basis that they have committed a criminal act, to wit, a homosexual act! It would be double punishment to deny a person access to the things enjoyed by other members if the community in addition to the severe criminal sanctions that his behaviour would attract. The EOA is invidious because in respect of criminal behaviour, it is generally accepted that once one pays one’s debt to society, it is over.

45. While it is understandable that a conviction or even an orientation may be a relevant consideration for certain types of employment, the general nature of the discrimination that the EOA permits is unjustified and unconstitutional.”

Why is the present administration repeating the mistake of the UNC administration? The Act was supposed to be ‘born again’.

Equitable Governance?

A sad consequence of the racial-based nature of our politics is the exclusion of the “other” major race from governance. “They” simply have no say in how the nation’s resources are distributed, and do not enjoy any of the influence that comes with high public office. They never seem to “fit the bill” for such appointments which are supposedly made on merit. This glaring absence at the top explains why people identified with political jargon such as “alienated,” “marginalised,” “ostracised” and “tolerated.” Political discrimination in our system carries a racial connotation and perception if the victim is of the “other” tribe.

Hard data to substantiate racial imbalances that can justify inferences of discrimination is very difficult to obtain, as racial statistics are not really kept. Richard Thomas has taken the trouble to compile some statistics about the ethnic composition of the upper echelons of state-owned companies, and it paints a frightening picture that shows that things have actually got worse when one compares the relevant data on this issue in the 1980 report prepared by the Centre for Ethnic Studies, UWI. I present this table as evidence of the political discrimination that is retarding the growth and development of our dear country.

Airports Authority: Out of 11, 2 (1 Ramesh Lutchmedial, director; and 2 Rosalind Chinnia-Ramadeen, deputy general manager, (Operations, Crown Point). Caribbean Airlines: Out of 8, 1 (1 Dr Shafeek Sultan-Khan, director). DFL Caribbean: Out of 13, 3 (1 Rodney Prasad, director; 2 Stephen Singh, director; and 3 Gilian Golah, senior manager (Corporate Executive Operations) and company secretary. E-TECK: Out of 12, 2 (1 Nesha Kochhar, vice-President (Property Management); and 2 Henry Kumar, general manager (ICT Project Implementation); maybe a 3rd (Eugene Tiah, director).

FCB: Out of 25, 6 (1 Govind Maharaj, director; 2 Inez B Sinanan, director; 3 Ramcharan Kalicharan, chief executive officer (CMMB); 4 Lionel Seunarine, asst GM (Commercial Banking); 5 Shiva Manraj, financial controller (Finance and Planning); and 6 Harjoon Heeralal, corporate manager (Group Corp Planning) Namdevco: Out of 6, 1 (1 Cintra Persad, director) National Flour Mills: Out of 7, 2 (1 Ganesh Sahadeo, chairman; and 2 Ross Alexander, director). National Gas Company: Out of 16, 4 (1 Lisle Ramyad, director; 2 Winston Lalla, director; 3 Rebecca Ramdhanie, vice-president (Finance and Information Management Group); and 4 Prakash Saith, president (National Energy Corporation)

These statistics provide irrefutable evidence about the exclusion of Indo-Trinis from state corporations. The figures are probably no different in the foreign service, security service and public service in general. The reverse is probably true when the UNC was in power. The pendulum swung from one corner to the next. Can we ever realise that elusive dream of equality and meritocracy? Something for the reformers of our constitution to think about.

By Anand Ramlogan

Eternal Vigilance a must

Writing this weekly column is a burdensome hobby, but a large part of what inspires me to write it is the appreciative comments and feedback and constructive criticism I receive from readers. I have noticed that overseas Trinis have a keen and abiding interest in what happens at “home,” no matter how long they have settled in their new adopted homeland.  They monitor what’s happening and make regular contributions. 

A few years ago, a group of readers launched a Web site (www.anandramlogan.com), where my column is posted and discussed by readers. The site administrator is based in London, and does an admirable job. A regular commentator on this site is “Jumbie,” who posted the following extract from a speech delivered by the Lord Chief Justice of England and Wales, which should be read by everyone concerned by the strong speech made by CJ Ivor Archie and AG Jeremie’s pointed reminder that the people require a more sophisticated system of justice:
 
"First, because when we speak of judicial independence, and then speak of the rule of law, we tend to make it sound as if we have two separate concepts, when they are as closely intertwined as a mutually-dependent and loving couple after many years of marriage, where one simply cannot survive without the other.

And second, to remind us that we should never take either judicial dependence or the rule of law for granted. The places where things have gone wrong include countries which believed that they were mature democracies, where these things did not and could not happen, but they did.…There was, of course, no physical intimidation, no threat to security of judicial tenure, none of the extremes of tyranny. But it is the first steps which have to be watched.

The first is incursion by the executive into impropriety. The first compromise is by the judiciary with principle. We are all familiar with the employee who steals from his employer. The most difficult time is the first time the hand goes into the till. After that, each successive time is less difficult. The problem with the phrase, “eternal vigilance,” is that it appears to focus on the long term. But the focus is the immediate, today, every day.

The insidious dangers are no less threatening than the obvious ones, and for the judiciary to acquiesce in the first small, even tiny, steps, may ultimately be terminal. In a democratic country, all power, however exercised in the community, must be founded on the rule of law. Therefore, each and every exercise of political power must be accountable not only to the electorate at the ballot box, when elections take place, but also and at all times to the rule of law.

Independent professions protect it. Independent press and media protect it. Ultimately, however, it is the judges who are guardians of the rule of law. That is their prime responsibility. They have a particular responsibility to protect the constitutional rights of each citizen, as well as the integrity of the constitution by which those rights exist. …Without independence, and without respect for judicial independence, these desirable, indeed, elementary facets of a civilised community are threatened.

At the same time, no individual, or group of individuals, or even any judge, however high his office, has any dispensing power–that is, the power to set aside or disregard the law. The absence of any dispensing power was—and remains—fundamental to the rule of law. Judges cannot dispense with it. Parliament itself cannot dispense with it. None of our democratic institutions may do so. They are, of course, entitled to change it. The word, some of you will already have seen, but which you will all increasingly see, is “constitutionality.” It is a word with a great future.

It is, therefore, fundamental that there are no circumstances in which the executive may even appear to tell judges how cases should be decided. Even when the public agrees with the executive at the particular time, in relation to the particular point, future public confidence that justice will be done impartially and independently will be eroded. In the end, I firmly believe that the public, even if dissatisfied with an individual decision in an individual case, wants its judiciary to be independent of the executive. What I am driving at is that the judiciary has an institutional responsibility to ensure that inefficiencies in the legal system do not, as Lord Denning once remarked, “turn justice sour”.

At the very start of Bleak House, Charles Dickens identified its ability to exhaust finances, patience, courage and hope. Can you imagine anything worse than exhaustion of hope? And if hope is exhausted through the process of litigation, or a long-delayed criminal trial, how can we, as judges, disclaim any responsibility for it? A more sophisticated system of justice cannot be achieved by a government which prioritises unnecessary mega-projects over the needs of a functioning system of justice, as illustrated by the modest grant given to the judiciary."

By Anand Ramlogan

Site Admin Note:

We are thankful for Anand's acknolwedgement, and to Jumbie for highlighting the Speech of Lord Judge. The full speech is viewable below and downloadable.

Exposing Discrimination

The case filed by former prisons officer, Khimraj Bissessar, against the State for discrimination lasted an entire decade. I remember the first visit from Mr Bissessar like yesterday.

He was a tall, well-built man, full of energy. He was broken and depressed because he had dared to articulate his ambition to aim for the post of Commissioner of Prisons, and was ridiculed and told: “No Indian will ever see that position.”

He was lecturing, in the training college, to junior officers whom he would, later, have to salute, as he was constantly bypassed for promotion without explanation. The racial imbalance in the protective services (Army, Police, Fire Service and the Prisons Service) is glaringly obvious.

This may not be because of racial discrimination, as historical, political and cultural factors are relevant.

In recent times, the photographs of applicants for these jobs have been published, and it shows that few Indians applied for these jobs. Assuming that these are pictures of all the people who applied (as opposed to those short-listed for recruitment), then the myth of the discrimination against Indians in this area is baseless. This does not, however, mean that the State can simply fold its arms, as diversity is considered essential in a nation’s protective services.

The London metropolitan police service introduced ethnic monitoring policies and racial minority programmes to ensure racial diversity in the police service. The research data showed that there were good reasons to explain why ethnic minorities were not applying. For example, the interview panels were all white, recruitment centres seldom targeted minorities, and the careers of the few non-white officers were stifled by covert and institutionalised racism. The signal sent to non-whites was that they were neither welcome nor wanted.

Bissessar’s experience sends a similar signal. He endured 15 years of discrimination, and would probably have been the country’s first Indo-Trini Prisons Commissioner, but hit a glass ceiling that he was unable to shatter. A letter was secretly placed on his file to say that he could not be trusted and had no integrity.

The PSC (then chaired by Kenneth Lalla) unwittingly facilitated and perpetuated the discrimination against Bissessar by making subsequent promotions on the advice of the Prisons Commissioner, without even bothering to advertise the vacancy, as required by law, far less consider Bissessar.

Bissessar’s experience shows that cries of racial discrimination are not always imaginary. The recent reform of the promotion system in the Police Service was supposed to have paid heed to the need for diversity in the evaluation and evaluation panels. This has, sadly, not occurred, with the result that many Indian officers have been complaining that the panel is biased and naturally favours non-Indian officers.

This flies in the face in the ten-year-old recommendation by the Centre for Ethnic Studies, which confirmed that Indians were grossly under-represented in the public service, that the interview panels and examination boards should strive for some measure of racial diversity, to give the appearance of fairness.

At present, there are rumours that senior officers have been secretly giving sensitive information about the evaluation exercise about the areas in which the candidate would be tested. The conspiracy theory is that this is leaked to ensure that the status quo is preserved. We can’t afford to flippantly dismiss this.

The vulnerability of the integrity of the examination and promotion process was recently exposed, when it revealed that promotion exam papers had been leaked. Unlike the CXC scandal, no one has been arrested and charged. To whom were the papers leaked, and why? Why has the matter not been fully investigated? Why the cover up?

Whilst merit and ability must never be sacrificed at the altar of racial expediency, the State must be sensitive to the perceptions and concerns of racial discrimination in the protective services. Data collection is necessary to inform government policy in this area.

Thus, for example, there may be an equal number of Indian police officers in the lower ranks of the Police Service. There are, however, none on the executive of the Police Service, and few in the hierarchy.

I am not to be misinterpreted as advocating recruitment or promotion based on race, as opposed to merit and ability. What I am against is discrimination of any kind that may be secreted and flowing in the veins of State institutions that stifle merit and ability because of one’s race, gender, disability, religion, political persuasion, creed, or colour.

By Anand Ramlogan 2008-10-12

Farewell To Sharma

The tenure of Chief Justice Sharma has been so coloured by the controversial attempts by the state to remove him from office that a lot of the good that he has done might be forgotten or not credited to him. On the eve of his resignation, I think it appropriate to highlight some of his achievements.

A career judge who served in the judiciary for some 24 years, (appointed as a High Court Judge in 1984 and as Justice of Appeal in 1988), he was awarded the Chaconia Medal (Gold) in 1998 and the Trinity Cross in 2003. In 1995 he (along with other senior judges in the court of appeal), was bypassed for the office of CJ as Michael De Labastide agreed to leave his lucrative private practice and serve as CJ.

It is quite a sacrifice for a lawyer to leave private practice and serve as a judge. A fixed salary paid by the state is hardly attractive when compared to the legal fees a good lawyer can earn. The country owes all our judges a debt of gratitude for the tremendous sacrifice they make.

One host on a recent radio talk show made comments which implied that Sharma was racist and had tried to stack the judiciary with Indian judges. This is unfortunate and untrue. Three judges were promoted to the Court of Appeal during Sharma’s reign. They are Ivor Archie, Alan Mandonca and Paula Mae-Weekes. Several new high court judges were appointed : Mr Mark Mohammed, Mme Mira Dean-Armorer, Mr. Anthony Carmona, Mme Carol Gobin, Mme Judith Jones, Mme Joan Charles, Mme Charmaine Permberton, Mr Devant Rampersad, Mr Stuart Brook.

One of the things I admire the most about CJ Sharma was the fact that he was never afraid to record a dissenting judgment. This was so even if he was the most junior judge on the panel. He has delivered several landmark judgments that have contributed to the development of on a vast array of subjects including human rights, family law, intellectual property and criminal law. The Privy Council has paid tribute to many of his illuminating judgments and he has established himself as a formidable legal scholar.

The new Family Court is perhaps one of the most notable achievements during Sharma’s time. It is a state of the art facility that has eased the burden on the high court and has changed the culture of matrimonial law. The new rules of court which the legal profession did not allow former Chief Justices to implement were in fact implemented without too much fanfare by Sharma. This has revolutionized the system of adversarial litigation as we know it and is working for the benefit of the public as opposed to their lawyers. In time, the delays will lessen and the system will deliver justice at a faster pace.

The drive to end long-hand note taking in court has resulted in 75% of our courts being outfitted with audio-digital recording equipment. This is a huge relief as it is painful to watch judges painstakingly handwrite every word uttered in court. The reaction of witnesses who give evidence in court is one of disgust, bewilderment and amusement. Thos archaic system is on its way out as our courts are now user-friendly, high-tech and modern. A good example is the video conferencing capability of the courts which allows judges to remain where they are and convene court via a video conference with lawyers in different courts in different locations.

There is one area that not enough progress was made and that is the Magistracy. Sharma was able to better the security arrangements for magistrates, spruce up a few court buildings and get a new San Fernando magistrates court but by and large, the magistrates court system remains overburdened with work to the point where it is malfunctioning. I suspect lack of funding from government may be behind this under-development but its about time that the poor mans court be upgraded. We need double the number of magistrates and a few new court buildings urgently.

Another area of concern is the fact that Sharma was not able to set some performance measurement targets for judges so that hard-work and ability can be recognized and rise to the surface. Should there not be a rule that judgments must be delivered within 6-8 months after a trial is completed? How can the system fairly promote judges when there is no mechanism to monitor performance? This explains why there is so much disappointment when some judges are elevated to the court of appeal. There are several hard-working judges in the high court who merit consideration for promotion but never seem to make it. Is the system fair and transparent?

Thank you for serving us so well, Mr Sharma.

By Anand Ramlogan 2008-01-20

Fatherless and clueless

I sometimes cut out articles that I find newsworthy with the intention of writing a future column. For some time now, I have been compiling a file with clippings about violence and indiscipline in our schools.

I keep ignoring it but it has grown so thick and I am so frustrated with the indifference and lack of urgency by the government that I feel compelled to remind readers about the sad state of the next generation. Discussions on the terrifying crime crisis tend to focus on the murder statistics and sense of insecurity and helplessness we all feel. No one realises that one of the social consequences of this criminal culture of lawlessness is the creation of an entire generation of youths that will form the next wave of criminals. When a man or woman is murdered, the limited statistic doesn’t reveal the true extent of the injury done to society as a whole. Children are left fatherless or motherless and will grow up aimlessly drifting, without direction and purpose. They will be fed into the same failed system because they are fatherless and the government seems clueless.

In the absence of a proper safety net from the state, they will be lured into a life of crime. A gang becomes the substitute family as the poor souls are befriended by people who come from a similar situation and know how to struggle and survive in an uncaring world. They turn on the very society that allowed their father or mother to be murdered and then turned its back on them. This column is an urgent SOS to PM Manning. We are in crisis mode and the issue of school violence must be a top priority for the government alongside crime and health. Last month, officials from the Ministry of Education said violence in schools is a ‘relatively rare event’. This demonstrates the under-estimation of the problem. Most articles end with the following incomprehensible statement: “Corporate Communications Manager of the Ministry of Education could not be reached for comment as he did not answer his cellular or office phones.”

To illustrate the state of emergency, I shall quote from a few articles in the past month alone:

“Police continued a lockdown at the Moruga Secondary School yesterday following a brutal gang fight last Friday which left a student hospitalised. Amateur footage of the fight showed eight girls attacking each other outside the school compound. They were recorded on a phone camera as they kicked, cuffed and dragged each other. One girl was seen stamping the face of another girl who lay on the ground with her skirt pulled up to her knees.”
Guardian, Feb 3rd. Lockdown after gang fight at Moruga Sec.

“TTUTA President Roustan Job yesterday called for more stringent measures to be implemented at the nation’s schools to ensure the safety of pupils and teachers. He made the comment after learning of the latest incidence of school violence, a fight among pupils at the Blanchisseuse High School on the school’s compound yesterday morning where police eventually had to be called in. Job said when he contacted officials at the school, he was told the pupils were armed with stones, bottles and one of them was also wielding a cutlass. He said teachers attempted to quell the fight but later had to resort to calling the police when one of them spotted the pupil with the cutlass.”
Trinidad Express, January 29th, 2010

“Stabbing victim Shivana Mata was discharged yesterday morning from the Eric Williams Medical Sciences Complex in Mt Hope after a sleepless night. She was being treated for the 15 wounds she received during a fight with another girl at the St Augustine Secondary School on Wednesday afternoon.
Police said Mata, 15, and the other girl, 14, got into a fight in the science lab when the latter pulled out a knife and stabbed Mata about the body, including her chest and back. The St Joseph police were called but before they arrived, Mata was taken to hospital. The other girl was taken into police custody.”
Trinidad Express: Sleepless night for Shivana after stabbing January 29th 2010

“Eight teachers of the Nelson Street Girls’ RC School in Port-of-Spain walked off the job shortly after lunch yesterday, leaving several classes unattended for the afternoon period. A source at the school said the incident was triggered when a suspended pupil returned to the school."
Trinidad Express: Nelson St teachers walk off Thursday, January 28th 2010

In one month, in a new year, this is the sad state of our school system. No one seems to care. The Ministry reacts and keeps trying to out fires as and when they occur but a comprehensive and holistic solution is badly needed if we are to save the next generation. Knives and guns instead of books are inside their schoolbags. These are the future leaders of tomorrow courtesy the leaders of today.

By Anand Ramlogan

Forensic Audit Of UDeCOTT, Then What?

Starting from the high office of the Honourable Keith Rowley to Trinidad and Tobago Transparency Institute to most citizens of Trinidad and Tobago, everyone is calling for the Forensic Audit of Udecott. Rightfully so!
 
Then what?
 
If findings of corruption and wrongdoing are uncovered, will the wrongdoers be held accountable? Will anyone be brought to justice? Or, is this forensic audit going to be turned into another political stunt of deception and cover-up?
 
I am very skeptical that the government of Trinidad and Tobago is serious about exposing any corruption at Udecott, as the following example will prove.
 
A forensic audit was recently done by Price Waterhouse Coopers on another major state agency, The Tourism Development Company Of Trinidad and Tobago. Price Waterhouse Coopers found numerous irregulairities with TDC.
 
Some of the findings of PWC as reported in the Trinidad media state as follows:
 
The TDC did not have an approved marketing and campaigning policy/plan relating to the 2006 World Cup, this was confirmed by discussions with the marketing manager, and PWC's review of board minutes maintained by TDC's company secretary!

Reports of expenditure for the World Cup were not submitted to the board until after the world cup!

Based on discussions with the marketing manager of the TDC, PWC were informed that expenditure incurred for the 2006 World Cup was not analysed!

Minutes of the 20th board meeting, provide further confirmation that the total expenditure incurred was not approved by the board!

Decisions relating to the World Cup expenditure were made by a separate committee chaired by the Honourable Minister Chin-Lee. However, PWC could not assess whether the World Cup expenditure was approved by the Honourable Minister!
 
No other form of documentation was seen to indicate the Honourable Minister's approval!
 
Minutes of meetings held by the separate committee were not available for the public's review nor were presented at any board meetings as per matters documented in minutes relating to board meetings held up to February 2007!

A major Trinidadian business firm approached the TDC to secure funding for events to be hosted in Germany, they received  a cheque in the amount $517,500. The cheque was signed by the TDC president and finance manager. PriceWaterhouseCoopers found that the cheque number and the person to whom the cheque was dispatched were not documented in the manual log maintained by the TDC!
 
Proof could also not be obtained that above mentioned firm did what they were paid to do.

As we can see clearly from this forensic audit, numerous major violations were happening at the TDC. What action has been taken against the TDC for their flagrant violations and abuse of their position? What action has been taken against the TDC for their absolute disregard of our laws, citizens of this country and our tax dollars? Are the management responsible for all these violations still in their positions today? Are they still abusing and misusing my tax dollars? Are they still misusing the huge budgets entrusted to them? Where is the accountability?
 
How much more abuse is going on right now?
 
Based on the above, I have no confidence that a forensic audit of Udecott will do anything to bring justice to the people of Trinidad and Tobago. Much the same way nothing is being done to bring the management of the TDC to account for their clear abuse of this state agency. I can only expect that the same will happen with a forensic audit of Udecott.
 
If the Tourism Development Company of Trinidad and Tobago was a private company, the entire management would be terminated immediately and quite possibly face legal action. 
 
I ask the Prime Minister, responsible ministers and government of Trinidad and Tobago to do what is expected of you. Show leadership and responsibility and take action against the corrupt ones in your government and these state agencies that are being abused. It is our inherent right as citizens of this land to demand this of you.
 
How is this country expected to move forward when individuals managing these major state agencies have agendas of their own and not of the country? I trust that this call to action will not fall on deaf ears. Enough is enough.
 
Pierre Small

Grab for power

At a seminar held at the University of the West Indies (U.W.I.) to discuss the implications of the Mustill Report, Professor Selwyn Ryan accused the local judiciary of making a grab for power. He also said, “sometimes I feel ashamed of our judges behaving as they do… sometimes I think that our Judiciary is becoming to Americanised.”

Ryan singled out Judicial Review as being something “which provides a formula to challenge the Executive for authority.” As an attorney who specialises in this field I feel it is my duty to respond to this unfounded statement.

Judicial Review is based on the simple premise that the court is exercising its inherent supervisory jurisdiction over public officials to ensure that they act fairly, rationally and within the intended framework of the law. It is important that powers given to public officials be carefully monitored. The Judiciary has for centuries performed this function.

Judicial Review aims to review the decision making process to ensure that the discretion vested in public officials and public authorities is not exercised in a perverse manner with ulterior and improper motives. Essentially, it is there to prevent abuse of power.

There is no grab for power by our judiciary because the courts never usurp or perform the function of the public official. The matter is usually referred back to the offending body or person with an order that they reconsider their decision in accordance with the findings of the court. This is so no matter how strongly the court feels about the abuse of power.

I have never seen a local Judicial Review case where the unfairness and abuse of power did not merit judicial intervention. I have personally mentioned this fact to professor Ryan in the hope that he would try and substantiate his allegation of judicial transgression by reference to examples of decided cases where he felt this ‘grab for power’ manifested itself. Such empirical evidence should be readily available given the serious nature of this accusation. Empirical data is, after all, the tool of researchers.

The Constitution is the supreme law of the land and it is important that the courts strengthen their supervisory muscle over the abuse of executive power because the tendency towards abuse is greater where there is no one to account to and no possibility of review. Contrary to Ryan’s thinking, my view is that our Judiciary is by far too conservative. Some judges are far more likely to nit pick on technical and procedural issues at the expense of the overall justice which the case demands.

There is a deep-seated respect for the Executive and judges seldom step out of their crease to fault public officials. This for example, explains why the courts invented what is known as the ‘presumption of regularity’. This essentially means that the actions of public officials must be presumed to be valid and proper. Aggrieved citizens therefore shouldered the onerous burden of having to dislodge this powerful presumption.

It was only recently in the case of Mohanlal Bhagwandeen that the Privy Council neutralised the harsh effects of this principle when it confirmed that our courts have misunderstood and misapplied the presumption of regularity for several decades.

Evidence of the conservative approach of our courts could also be seen in the Maha Sabha Radio License case where the Court of Appeal having found that the Maha Sabha was a victim of discrimination gingerly ordered cabinet to reconsider the application for a radio license instead of ordering the government to grant it outright. This relief was eventually granted by the Privy Council but even so, on the basis that the Government had misled the Courts. It was therefore an exceptional and extreme case.

The courts must ensure that the state acts fairly. It must be an agent of change and strengthen the rights of citizens. The illuminating and erudite dissenting judgment of Kangaloo JA in the case of Alphie Subiah illustrates this. Justice Kangaloo disagreed with our new Chief Justice who adopted a rather conservative approach towards the quantification of monetary compensation for victims of police brutality. He preferred a larger award because the court should manifest the public outrage at the scandalous abuse of power by the police against law abiding innocent citizens. This matter is now on appeal to the Privy Council.

There is great need for a robust, strong and vibrant Judiciary that would not be easily intimidated by the executive. This is the only protection citizens have against abuse of power.

Ryan stated that he did not think it was now possible anymore for politics to be kept out of the judiciary. One can only hope that the new Chief Justice does all within his power to prove him wrong lest our fundamental rights be desecrated with impunity.

By Anand Ramlogan 2008-02-02

Guarding the guards

Things may get uncomfortable for Finance Minister Karen Tesheira as the extent of her deposits, investments and shareholding in CL Financial and its subsidiaries are revealed. Her shares in CL Financial were worth $11.7 million. She closed two US-dollar accounts with Clico Investment Bank on December 31, 2008, before the maturity date. The minister now faces the task of explaining why she told the nation she didn’t “break” her fixed deposits before the crisis worsened. 

 Documentary evidence shows that she did indeed “break” these deposits and paid a “break rate” of 3.5 per cent. In Parliament, she indicated that the account had in fact matured, seeking to give the impression that she did not take pre-emptive measures to secure her personal funds before news broke about Clico’s apparent insolvency.

Worst yet, she failed to mention that she had shares in CL Financial. The plot thickens when one considers the Guardian report that Ms Tesheira made a partial declaration of her investment of 10,410 shares in CL Financial to the Integrity Commission in 2006, but not in 2007. PM Manning’s flippant response at last week’s Cabinet retreat that almost half of his Cabinet had some form of investment with Clico does not bode well. It signals that he intends to defend his Minister of Finance no matter what the facts are.

Private interests

With no new Integrity Commission despite the lapse of over one month, the stage is set for the weight of public opinion to force the hand of the PM into doing the right thing by firing his minister. The Code of Conduct in the Integrity in Public Life Act prohibits the use of public office for the improper advancement of one’s family or personal benefit or indirect private gain (section 24). Section 25 deals with insider information and prohibits the use of information gained in the execution of one’s office that is not available to the general public for personal benefit. It would seem that the minister breached the code of conduct in several respects.

Section 29 of the Integrity in Public Life Act states that a conflict of interest arises when:

“29. (1) For the purposes of this Act, a conflict of interest is deemed to arise if a person in public life or any person exercising a public function were to make or participate in the making of a decision in the execution of his office and at the same time knows or ought reasonably to have known, that in the making of the decision, there is an opportunity either directly or indirectly to further his private interests or that of a member of his family or of any other person. “(2) Where there is a possible or perceived conflict of interest, a person to whom this Part applies, shall disclose his interest in accordance with prescribed procedures and disqualify himself from any decision-making process."

Fill promptly

All of this highlights the need for a new Integrity Commission and the unreasonable delay in appointing one. This matter requires urgent and immediate investigation by the Commission to determine whether any offences were committed and restore public confidence in the critical Finance ministry.

At present, we have no Integrity Commission and no permanent Commissioner of Police, Solicitor General, Chief Parliamentary Counsel, Chairman of the Police Complaints Authority and DPP. The Government has a free hand and the failure to fill these offices has created a constitutional crisis. This fiasco with Ms Tesheira has underscored the need for these independent offices that are checks and balances in the system to be filled promptly. The track record of the Integrity Commissions of the past isn’t something we should be proud of. It dragged its feet and let many people off the hook. I hope the new commission will have the backbone of independence to understand that its very existence is prompted by the question “Who will guard the guards?”

By Anand Ramlogan 2009-03-15

HOLD STRAIN!

The murder of Allan Seepersad in Penal last week struck a raw nerve in my body. Maybe it was the grief-stricken pictures of his niece Mohanie and his daughter Sally.

Then, there was the one with his wife Deera. Pain permanently etched onto her weary face, she gnashed her teeth, pulled her hair and bawled.

I held my own head and screamed when I realised that kidnapping for ransom has not disappeared, as a UWI student was abducted and released upon the payment of a ransom last week.

People do not expect the police to ever catch the criminals who did this. The level of public expectation and confidence is low when it comes to police detection and investigation.

The UK travel advisory, in the wake of the murder of an elderly Swedish couple, was carefully drafted. It was not the murder per se that prompted the warning.

It was, instead, the fact that the police have been unable to arrest and prosecute the perpetrators of serious crime. The promises from the Government regarding the escalation in crime have amounted to mere political rhetoric and no more.

Three years ago, the then AG, Senator John Jeremie, told Parliament that “the Government would not allow a small group of criminals to threaten the safety, security and well-being of our nation…We will not allow those criminals to ruin or compromise this nation’s inexorable drive to Vision 2020.”

2004 survey

This was when the public was subjected to a relentless avalanche of advertisements that admonished the public. Remember the slogan, “Fix the ‘me’ in criME first?”

What about the polls that informed government strategy and tried to convince us that we were all going mad by pretending and making up things to make the Government “look bad?” A few years ago, the Government-sponsored poll told us that everything was peaceful and hunky-dory, and we all felt safe.

In the face of an unprecedented murder and kidnapping rate, the results of the survey conducted by a United Kingdom research firm on contract to the Government showed that 88 per cent of the population felt safe—66 per cent “very safe” and 22 per cent “fairly safe.”

I understand a new poll is on its way to make the Government look good again and persuade us that we are making a big deal over nothing.

The findings also stated that 75 per cent of the population continued to feel safe in their homes, while they were alone at home after dark, and 60 per cent while walking alone after dark.

The findings suggested that the poll was a sham, designed to reach conclusions in keeping with the lie that the Government wants to present, despite the terrorising reality of the situation on the ground for frightened citizens. The results of the survey were published by the Ministry of Public Administration and Information in its Opinion Leaders 2004 newsletter, and had the temerity to suggest that people in Trinidad and Tobago are safer than those in the United Kingdom.

What a joke!

‘Look dotish’

It was the results of this poll that probably caused Martin Joseph to upbraid unpatriotic citizens for exaggerating the crime problem. He said (Guardian, 27/04/05) the situation was not as bad as it was being made out to be, and praised the police, observing that “If I beat up on the police every day, this is the same organisation, notwithstanding their limitations, they are the ones who are going out on the front line.....If I do that, I will be dotish, and I not dotish, I may look dotish.” (Some convincingly argue that this last sentence was, perhaps, a defining moment of self-realisation for the minister.)

PM Manning is the man with all the answers, though. In the midst of the unprecedented bombings in Port-of-Spain, he confidently boasted that he knew who “Mr Big” was, and hinted at an early arrest. To date, not even a house fly has been arrested.

More recently, he boasted that he saved Kamla from making a jail for accessing confidential information from the Integrity Commission. And the latest casualty was Dr Rowley, who was, until last week, allegedly being protected by Manning because $10 million was missing from a housing project.

As crime engulfs and consumes us, many of us have nowhere to run to. PM Manning is too busy spending our money to buy luxury cars and furnishing his palace to be bothered with the cries of the young ghosts that cry out as they take an early departure from young lifeless, bullet-riddled bodies.

Blood and tears are flowing like water, and the soul of our nation has been ruptured. We must not protest.

Just “hold strain,” until you die in silence.

 By Anand Ramlogan 2008-10-19

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Handcuffed to Criminals

I am amazed at the shameless, bold faced attempt by Minister of National Security Martin Joseph to manipulate crime statistics for 2006 in an effort to prove that the government is serious about crime. Imaging Vindra Naipaul remain in the hands of abductors but the government is busy playing games, insulting our intelligence, trying to convince us that crime is down.

Joseph claimed there were 22 kidnappings for ransom in 2006. I don’t know if the government understands the terror, fear and panic on the ground. People feel exposed and vulnerable, as though they are easy targets, another statistic just waiting to happen. What’s more, there is the undeniable perception that one ethnic group is disproportionately under attack. Friday’s Express editorial alluded to this when it stated that ‘Mr Panday's re-ascension comes at a time when criminal attacks suffered by Trinidad and Tobago's Indo half - perceived as being more so than its Afro half - have resulted in Indo-Trinidad believing that it is under attack in a way that it has never been before.’

What is the Indian community to think when kidnappers are able to abduct them with such ease? The reaction of the government to the death of PNM councilor Bertram Allette has been decisive and swift. Minister Joseph met with the Mayor and Councillors of the City Corporation for almost two hours. Army and police officers were immediately deployed in Laventille and special attention has been given to the family. Contrast this with the attitude towards kidnap victims: Joseph is yet to visit the Naipaul family and he can afford to spare police officers to search Panday’s home instead of search for Naipaul and Harricharan.

 In the face of the government’s inability to protect society Joseph pleads ignorance to the well-known fact that central businessmen have been forced to pay ‘protection money’ to thugs that threaten to kidnap them. Men in long Muslim wear are making a living on and trading off the notorious reputation of the Jamaat and frequently show up at people’s doors to claim their pound of flesh. The clever strategy is to tell the businessman the movements of his wife and children for the past week so that he would know that they were being followed and that this is serious business.

The terror of someone reciting the precise movements of your young children or wife coupled with the ominous warning that ‘and doh even bother about the police because dem cyar do nothing’ or ‘dey done know what we about and have dey own cut to get’ is enough to persuade frightened businessmen to cough up the dough. Joseph is a coward to condemn them as he should be man enough to admit defeat and bow out of office.

 Lest we forget the brutal murder of kidnap victims, on May 27 Reshma Boodoo and Anil Singh, both 19, abducted by three men in Marabella, thrown out of the kidnap car while fighting back, and Boodhoo killed. On October 2 Riaz Khan, 19, was snatched outside his father's business at Jerry Junction, Carapichaima, and $2 million ransom demanded. His body was found near the Caroni Cremation site, with a bullet to the head. On August 4 Christopher Taylor, an accountant at Shell Pt Lisas, kidnapped and murdered, his body left at Claxton Bay. And this is just the tip of the iceberg.

Thus far all we have had is ole talk. The blimps were supposed to be able to identify number plates whilst up in the air and the high-tech spy equipment trace calls within seconds. What a waste of resources! The uncompromising all-out attack against crime has just not happened. The criminals have no fear or respect for the police and law and order is fast becoming a thing of the past. In a housing settlement at Lady Hailes Avenue in San Fernando a soldier was injured and two unmarked police jeeps damaged when police and army men were openly attacked by residents when they went to execute a search warrant on an NHA apartment. Open warfare.

The officers called for back up and officers from the Guard and Emergency Branch responded coupled with a joint army patrol. Despite the heavy presence of law enforcement, open warfare erupted and a soldier was injured. Imagine the police arrested one man and handcuffed him but he actually managed to escape with the handcuffs on!  The sight of this man with a handcuff on escaping in the full view of heavily armed and trained police and army officers captures the sad state of the government’s attempts to bring crime under control. The police couldn’t catch a kidnapper or murderer, not even if they were handcuffed to him!

He made it prevail

If, as Opposition-for-life Leader Basdeo Panday claims, Kamla is “not ready to lead,” then who is? By implication, it would appear that only he is. If so, what do we make of his numerous public statements that he understands that some of the corruption mud the PNM has flung has stuck, and it is time for a new leader to emerge? How can a new leader emerge unless he facilitates the process of change? It’s no secret that the Pandays were backing Carlos John to win Ramesh and Kamla in the last leadership fight. Ramesh won and Panday turned his back on him; and the rest, as they say, is history. That internal election was prompted by Panday, who signalled his intention to leave after he returned from India. The unconditional support by UNC parliamentarians for Panday is disappointing, to say the least. It shows that they are as out of touch with the cry of the people and the reality on the ground as the PNM.

Over five years ago, retired Justice Deyalsingh published a column entitled “A one-party state looms.” A weak opposition facilitated this, and he forewarned of the disaster it spelt for our fledgling democracy. What he said of the UNC back then is as relevant today as it was in 2003. I can do no more than quote the learned judge: “What is needed is not only clear thinking and independence on the part of UNC parliamentarians and its supporters, but also the courage to put the party and the country first. “Mr Basdeo Panday has shown a painful lack of leadership qualities while the UNC was in power. “He allowed a state of corruption to emerge and flourish. He deserted the thousands and thousands of his faithful followers, and all too eagerly and quickly joined the ranks of the ‘parasitic oligarchy’ he had so vehemently condemned.

“He failed to deal with the ‘Caroni’ issue, leaving it to the PNM to scatter his faithful supporters with one swift surgical stroke; and in their moment of anguish, neither he nor his colleagues was there to comfort them. “He refused to accept the results of the internal elections of his party, and then banished Mr Ramesh Maharaj and Mr Trevor Sudama, his two faithful colleagues, from his government and the party, because they dared to take a principled stand on corruption. “And when there was the tie in the 2001 general election, he gave the President the opportunity to appoint Mr Manning as Prime Minister. These were fatal mistakes. “The UNC is out of power because of Mr Panday. And now that he is no longer Prime Minister, we witness over and over the sad spectacle of a faded figure who rants and raves and hurls insults at perceived enemies as he sees his supporters slipping away.

“He has now become a sorry spectacle and an embarrassment to the UNC and to decent folks everywhere. “Mr Panday, we regret to say, is now completely discredited. He is seared with the mark of corruption by the branding iron of public perception. “And this, together with his rantings and ravings in public since losing power, disqualifies him in the eyes of many for the high office of Prime Minister. “Unfortunately for the UNC, the contamination which Mr Panday carries is a blight on its honest parliamentarians, and their continued association and support for him tarnishes them even more so in the public eye. “What, then, must be done to save the UNC from collapsing into the old DLP and suffering the fate of forever being the Opposition in Parliament?”

The trouble is that the UNC was never really a party in the accepted sense. The UNC was Mr Panday, and since he is no longer acceptable to the public at large as a credible choice for the office of Prime Minister, the first thing on the agenda for the UNC must be to settle the leadership issue. Until this is done, the party will be in limbo, and will not be able to move forward. Mr Panday has said, time and again, that he is ready to quit politics. We suggest that this is the time for him to graciously bow out. Many of the UNC parliamentarians and followers know that this is the best thing for the party, and they must persuade Mr Panday to resign, not only in the interest of the party, but of the whole country.

If Mr Panday refuses to leave, the parliamentarians should do the right thing and seriously consider withdrawing their support from him as Leader of the Opposition in Parliament and as political leader of the party.” Without change in the leadership of the UNC, T&T is destined to become a one-party state, with a rampant PNM ruling by default. There will be a repeat of 1956-1986. A balisier will adorn his coffin when he is lowered into the political cemetery and his epitaph will read: “Great was the PNM, but he made it prevail.”

By Anand Ramlogan

How many more must die?

Deputy Chief Magistrate Mark Wellington did the correct thing by dismissing the case against Anita Annamunthodo. After 11 months, the DPP had failed to appoint a State Counsel to prosecute this case, and the investigating officer, PC Hamilton, never had the courtesy to grace the court with his presence.

In balancing the scales of justice, the magistrate could not ignore the fact that Anita was in jail awaiting trial, because she could not raise the bail of $7,500.

The law is that she must be presumed innocent until proven guilty, and it is unacceptable for any citizen to be detained at the State’s pleasure without a trial.

What is more, the magistrate would have issued a stern warning to the prosecution to get its act together, or else on the last few occasions when the case was called. The prosecution would have had advance notice and warning that unless a lawyer was appointed and PC Hamilton was present on the next occasion, the case would be thrown out.

While billions of dollars are being spent on a Carnival centre, a new residence for our Prime Minister and a stadium in Tarouba, the criminal justice system is in tatters. We need twice as many magistrates and courts, a competent professional police service, more attorneys in the office of the DPP and, of course, a DNA lab.

To be fair, the DPP has been complaining about starvation for quite some time. When asked to respond to the long delay of some eight months in the filing of the murder indictment against Ryan Sagar for the June, 2003, murder of Debbie Ann Ramnath, Mr Henderson complained about understaffing, and said the delay was caused by “a severe lack of resources.”

The judiciary needs to do its part in kicking the State in the right place. Far too many judges and magistrates continuously and endlessly adjourn cases out of an understanding for the “position of the State.”

All are equal before the law, and it is not the function of the judiciary to sympathise with the State. By so doing, they might nurture an unconscious bias that is conducive to the kind of maladministration and inefficiency that have come to characterise the entire public service.

It is a simple question of prioritising public expenditure and understanding that the administration of justice must come before luxuries such as a Carnival centre, a diplomatic centre at the new residence of the PM, and the Tarouba stadium.

The Privy Council took the bull by the horns when Caribbean courts were sympathising with the massive backlog of cases that led to the ridiculous state of affairs that appeals by prisoners, who were sentenced to death, took as long as seven to ten years to surface.

In an excellent piece of social engineering, it said: “Their Lordships are very conscious that the Jamaican Government faces great difficulties with a disturbing murder rate and limited financial resources at its disposal to administer the legal system. Nevertheless, if capital punishment is to be retained, it must be carried out with all possible expedition. Capital appeals must be expedited and large legal aid allocated to an appellant at an early stage. The aim should be to hear capital appeals within 12 months of conviction.”

This benchmark set by the Privy Council was greeted with a roar of approval by regional practitioners, who were fed up with the contemptuous treatment of the administration of justice when it came to allocation of scarce resources.

Locally, in the Maha Sabha radio licence case, Justice Carlton Best rejected the attempt by the State to rely on public service bureaucracy by commenting: “The lack of staff and inefficiency in the public service, the change of venue (of the ministry), political directorate and policy should not be allowed to stand as justification for the differential treatment of the Maha Sabha.”

The sodomised, mutilated, murdered bodies of babies Emily Annamunthodo, Sean Luke, Radha Pixie Lakhan and Akiel Chambers are a constant reminder of why we need an effective and expeditious criminal justice system.

We failed them while they endured a lifetime of rape, torture and humiliation, and now, we are failing them again, as we deny the justice their memories deserve. How many more must die before we fix the leaks in the justice system that let so many off the hook without a fair trial?

By doing the right thing, Mr Wellington has focused the spotlight on the real issues that plague the criminal justice system. In an election year, when $600 million is going to rush through the system like a dose of salts, is our malfunctioning system of justice anywhere on the government's agenda?

By Anand Ramlogan
2007-04-22

___________________________________________

Site Administrator's note:
This site commends Dominic Kalipersad, Editor-in-Chief of the Trinidad Guardian, for his courage and leadership in promoting Freedom of Expression through his newspapers.

It is recommended that comments submitted to this site also be sent by email, fax, or post to the editor of the Trinidad Guardian Editor-in-chief, 22-24 St Vincent Street, Port-of-Spain. Fax: 625-7211. E-mail: letters@ttol.co.tt. This will give opportunity for the Guardian to publish select responses for those without internet access.

Human Rights on Paper

We are fortunate to live in a country with a constitution that guarantees each and every citizen fundamental human rights that are enshrined and protected. The constitution is the supreme law of the land, and not even Parliament can take away your fundamental rights and freedoms. Today, as we celebrate World Human Rights Day, we must reflect on the past, assess the present and look to the future. Looking back, we must realise that the rights we enjoy were the result of the courage, struggle, blood, sweat and tears of those who stood up for what they believed in against dictators and corrupt leaders. 

Thinking seriously

Their sacrifices must never be forgotten. The two most influential figures in our times remain the late Mahatma Gandhi and Nelson Mandela. But these struggles would mean nothing if the State does not respect the rights of citizens today. For while human rights sound nice and look nice on paper, the true measure of the respect a society has for this concept is to be measured by reference to the status of the most vulnerable that live among us. The first fundamental right guaranteed in our constitution is the right to life, liberty, security of the person, and enjoyment of property. We are all meant to enjoy this right, regardless of our race, colour, religion or sex. Sadly, we live in a time when, and country where the State is unable to fulfil this basic obligation to its citizens. How do we reconcile what is on paper with the raw reality on the ground? No one feels safe in this country any more. Those with the option to go elsewhere are leaving or thinking seriously about doing so.

Many have fractured their families to protect their loved ones by sending their children abroad. We crossed the 500 murder mark. Law-abiding citizens are virtually imprisoned behind burglar-proofed windows and steel doors, as if we are the ones in prison. With a detection and conviction rate that ranks among the lowest in the world, there is no light at the end of this dark tunnel. Our murder rate is higher than that of New York, with over ten million people. Where is the right to freedom of movement and liberty, when we all live under self-imposed curfews, because the streets belong to the criminals after 7 pm and the police themselves tell us to avoid going out after dark?

Greater good

What is the meaning of the right to equality, when discrimination, based on gender, race and political affiliation, is what drives the inequitable distribution of State resources? How can there be equality when this culture of unfairness and victimisation is the by-product of the skewed and narrow kind of politics we have, where the personal power of the leader is of paramount importance, regardless of the people-divide it has created. What is the meaning of the right to life when your life has no value to the growing team of bandits who do not value their own life? What is the meaning of the right to enjoy your property when you are afraid to show and enjoy success, for fear that it might attract bandits? The dignity of the human being is at the heart of the concept of human rights. But the abused woman, who feels the weight of the sexy stares from police officers who can do no more than stare and smile while she pleads for rescue from domestic violence, finds no peace until she is murdered.

The young daughter, who is kidnapped and repeatedly raped while her mother pleads with her husband not to listen to the police and pay the ransom, is robbed of her humanity. The single mother, who struggled to bring up a son without a father, only to see his life snuffed out by senseless gang violence at 18, feels no dignity. The father, who is among the 3,000 workers laid-off from Pt Lisas industrial estate, with no means to put food on the table, feels cheated. The future will only be bright if we understand that these rights are owed to us by the State. We must cherish and jealously guard them. These rights are not, however, worth fighting for, unless you understand that we must all join hands and fight, because we realise that when the Government trample on your rights, they trample on mine, too, because we are both human.

Today for you, tomorrow for me. We are at a critical juncture, as the State has abdicated its responsibility to protect us, so that we can enjoy the basic right to life, liberty, security of the person and enjoyment of property. Self-interest must yield to the public interest. Personal pride, ego and power must give way to what is right and the greater good.
The decline and disintegration will continue, unless we unite for the sake of our children and their future, because it is either we swim together, or drown alone.

By Anand Ramlogan 17th Jan 2009

[Speech delivered in commemoration of World Human Rights Day, during the annual dinner of the Civil Rights Association]

Humiliation of a Hero

I read about the untimely passing of Ken Fitz-Andrews and it added to the cold chill here in London.  I knew Ken and had come to respect him as a caring, patriotic and proud man. He was destroyed because he could not stomach the corruption he was seeing at UTT where he was the Vice President of Finance. When he tried to expose it, he was fired. His termination was justified on the basis of a spurious allegation that he misused his corporate credit card.

Ken was fired from a job that paid $32,500 a month because he was asking far too many questions. It was alleged that he misused a company credit card, but he maintained that he was removed from the job following queries into certain issues at UTT. He was instrumental in the establishment of the National Insurance Board in the 1970s and served for many years as its financial comptroller. He migrated to Canada, where he was a university lecturer and ran his own accounting firm, until in 2005.  He had about 40 years’ experience in the fields of accounting and finance and returned to take up this position at UTT because he was asked to do so by a PNM Minister.

Ken was suspended from his post of VP Finance, UTT on September 9, 2005.  A series of investigative articles by Camini Maraj prompted the Integrity Commission to launch an investigation into the allegations of corruption Ken made against UTT head Prof Ken Julien. The investigations were completed and Ken seemed happy with the assurances he was given about ‘swift action’ by the investigators. Instead, the Integrity Commission shelved it and then killed it by inexplicably delaying every step that needed to be taken.

As the years rolled on, Ken slowly lost faith in the Integrity Commission. Several approaches were made to him to try and ‘resolve’ the matter but he persisted. “How can you resolve corruption”, he jokingly asked.  He was told he Julien was a black intellectual of international stature and that he was attacking his own and that he should back off. He refused and paid the ultimate price.

Out of the blue, almost four years after he was dismissed, just when Ken felt the Integrity Commission might act, he was sued by UTT for monies it was alleged he spent using UTT’s credit card. The timing was strange, to say the least. It was clearly designed to apply maximum pressure at a time when Ken was at its lowest. For good measure, UTT even hired a Senior Counsel (Seenath Jairam – Counsel to the ill-fated Uff Inquiry), to represent it in a small claim that ordinarily wouldn’t attract such a heavyweight.

Whilst the Integrity Commission was busy doing nothing, Ken sued for unlawful dismissal. My colleague Derek Ali kindly agreed to assist Ken in his legal matters pro bono.  Justice was his only hope. Alas, justice was far too slow. The Industrial Court took forever to determine whether Ken fell within the definition of a ‘worker’ that could bring a claim.  This point was decided against him and Ken appealed the decision but has now died waiting on a date for the trial of his matter in the Court of Appeal. In short, the very institutions that were established to protect vulnerable victims of injustice who were aggrieved defeated Ken. Instead, these institutions help to protect the culprits because the slow pace of justice and political interference takes no notice of the pain and suffering of people like Ken.

Ken was a proud man and I saw the system slowly eat away at his determination to do the right thing. It was a painful process. Imagine, a man who was an accomplished financial wizard, languishing, waiting and hoping for justice from the Integrity Commission and the courts. His shoulders dropped, body language changed and then, he was on his knees. His crime: he crossed swords with the government’s energy guru, Prof Ken Julien.

The final humiliation of this hero was an article I saw in this newspaper advertising a garage sale Ken was forced to hold to survive. It said “Fitz-Andrews now has to swallow his pride and hold what he described to friends and acquaintances as a “lawn sale,” with items like rattan sets, weed whackers, barbecue grills, sprinklers, plant baskets and pressure washers on offer to buyers at knockdown prices.”

I cry for you, Ken as our nation has lost a good soul. Thank you for the pleasure of your friendship. May you rest in peace my brother.

 By Anand Ramlogan

Important vindication

The victory in the Privy Council for the Maha Sabha, Sat Maharaj, the Islamic Relief Centre and Inshan Ishmael, in the Trinity Cross case, was the culmination of a marathon journey for symbolic and substantial equality. [Site admin note: read the judgment at the end of Anand's commentary]

The Privy Council ruled that the Trinity Cross was, since its creation on August 26, 1969, discriminatory and unconstitutional. This is an important vindication of the rights and feelings on the disgruntled non-Christian community. It is also an important contribution to the development of constitutional law on the right to equality of treatment.

The judgments will be reported in all major law reports, and will form the basis of much academic and scholarly debate. Whilst the spotlight will, no doubt, focus on the judgment of the Privy Council, none of this would have been possible without the illuminating judgment of Justice Peter Jamadar (who is himself a lay preacher with the Presbyterian Church). His intelligent analysis of the problem in the unique social and political context of our country set the tone for this final result.

Lord Hope paid tribute to Justice Jamadar who, he said, had carefully charted the social history of the development of the colony since 1498 and “traced the slow progress that was made towards recognition that Trinidad and Tobago had become a multi-cultural and multi-religious society and not an exclusively Christian one.” The Privy Council said the local court fell into error when it held that the court had no power to declare the Trinity Cross unconstitutional because it had pre-dated the constitution itself and was expressly preserved.

Christian state

The Law Lords said the Trinity Cross was inconsistent with the constitutional right to equality from day one, and hence could not be saved by the independence constitution. It was an infringement of the rights and freedoms of members of the Hindu and Muslim communities and was, therefore, unconstitutional.

The court granted three declarations that the creation of the Trinity Cross on the August 26, 1969:
• breached the right of the individual to equality before the law
• breached the right of the individual to equality of treatment from a public authority in the exercise of any of its functions
• breached the right to freedom of conscience and religious belief

The reason I decided to file a constitutional motion to challenge the Trinity Cross had less to do with the cross and more to do with how it was perceived by the Hindu and rural Muslim communities. The PNM had/has a predominantly Afro-Christian base. It attracted some Indian support from the Presbyterian and urban Muslim communities but remained a fundamentally “Christian” party.

This explains why for 30 years (1956-1986) there was no Hindu government minister under the PNM, and why a Bhagavad-Gita could not even be found at President’s House when Panday was being sworn in as prime minister. The Trinity Cross was perceived as a manifestation or symptom of what was, in substance if not form, a Christian state that tolerated non-Christians. The resentment stemmed from the fact that no one seemed to care about the obvious arrogant injustice that such an award could lead to in a multi-religious society:

Free citizen

You should learn to accept it and love it as your own, because we are willing to offer it to everyone; the state is not forcing you to accept the award or wear the cross! You are an equal citizen and have the right as a free citizen to decline the award. Of course, it’s a bit like saying that the race is open to everyone, vegetarians and meat-eaters alike, and no one should make trouble simply because the top prizes are a good steak or ham.

The battle, therefore, wasn’t really against the Trinity Cross per se. It was against a status quo that preached equality on paper but had unofficially and informally declared the supremacy of Christianity as the religion of the leaders and party in power, and, by logical extension, the state. In the words of Justice Jamadar: “Such discrimination undermines the dignity of persons, severely fractures peace and erodes freedom. “Courts will not readily allow laws to stand, which have the effect of discriminating on the basis of the stated personal characteristics. “I sincerely hope that there is greater equity in the award of the Order of T&T.”

By Anand Ramlogan

-----------------------------------------

The Judgment of the Privy Council 2009-04-28

Inspiration for 2007

Integrity a la Manning

The Integrity Commission (IC) is back in the news again for all the wrong reasons: PM Manning’s allegations that he had special branch officers monitoring the movements of Kamla Persad-Bissessar, because she had a relationship with a member of the IC that was somehow wrong;

• The failure of two government ministers (Karen Nunez-Tesheira and Donna Cox) to file their declarations and statements with the IC with no action taken;
• Dr Roodal Moonilal’s claim that Snr Supt Wellington Virgil greeted a visiting team from the Opposition and stalled its efforts to inspect the Register of Interests (which, by law, must be available to all citizens);
• Dr Tim Gopeesingh’s complaint over Trinre’s growth, allegedly because of political connections via Jerry Narace; and, of course,
• Dr Keith Rowley’s timely reminder that the IC allowed itself to be used by Manning as a weapon of destruction in his personal vendetta against him.

So what are the facts?

Minister Nunez-Tesheira put up a spirited defence. In winding up the debate, she said:

"When I was on the Tidco board, they hadn’t done the prescribed forms; they didn’t require you to at that time. You couldn’t file, because they didn’t have a form.

When I became the Minister of Finance, I got a letter from the Integrity Commission informing me that for the years I was on the Tidco board I had to file, and that’s what I did. That’s why all the filing happened this year."

Apparently, the minister was on the Tidco board from 2003-2007.

No secret

The Integrity in Public Life Act 2000 requires people in public life to simultaneously file two documents by May 31, in each succeeding year: a declaration of income assets and liabilities and a statement of registrable interests.

The Integrity Commission can extend the time for filing for up to six months “for good cause.” The declaration remains secret and cannot be seen by any member of the public.

The statement of registrable interest is not a secret document. The IC, through its registrar, is under a duty to compile a “Register of Interests,” which contains the information on each person’s statement.

This register is available for public inspection at the IC. Once a public official fails to file in the prescribed time, the IC must publish his or her name in the Gazette and a daily newspaper. Thereafter, the commission should make an application to the High Court for an order against the person, to compel them to file by a particular date.

Non-compliance with this court order is an offence, and the official is liable to a fine of $150,000.

Unfortunately, the minister misled the House. The relevant forms were available since December 12, 2003. They were published as part of the regulations made by the IC in Legal Notice No 216, which was gazetted. She was, therefore, obliged to file her declarations and statements since 2004, and should have done so.

In the case of Basdeo Panday v The Integrity Commission, Justice Rajnauth Lee made the following pronouncement:

“The obligation to file for the year 2003 is a ‘continuing’ obligation, pursuant to sections 11 (1) and 11 (4) of the Act. The obligation crystallised on December 12, 2003. The person in public life was, therefore, able to comply with the obligation to file his/her declaration for the year 2003 by the August 15, 2004, or the extended time of November 30, 2004.”

Minister Karen Nunez-Tesheira may be correct to refer Kamla Persad-Bissessar to the IC for the answers she seeks. The burning issue must be the question of political bias.

Why was the IC writing Ms Nunez-Tesheira in September, 2008, to politely remind her that declarations for 2003-2007 were outstanding? Five years and no action taken by the IC? This is ridiculous, to say the least.

Lost in Wonderland

The only logical inference to be drawn from the inaction is that of incompetence or political bias. One would have thought that the IC would be more careful, in the aftermath of Panday’s and Rowley’s cases.

Panday’s defence lawyers, you may recall, had conducted extensive research by inspecting the register, and were able to identify scores of public officials who had not, over the years, filed the annual statement, as required by law. No action was taken by the IC against these individuals, and Panday claimed that he was being unfairly targeted.

The IC is now notorious for dragging things into the mud. It seldom invoked the enormous powers available to it under the act to conduct penetrating, expeditious and meaningful investigations, and hides behind an artificial veil of secrecy when challenged.

The Ken Julien/UTT investigation has gone under, and the Maha Sabha’s radio licence complaint lost in Wonderland.

Jerry Narace and Calder Hart have nothing to worry about. Trust me, even if they’re charged, they can take heart in the way our justice system works.

Franklin Khan’s case was inexplicably adjourned once again. (No one even bothered to show up from the DPP’s office).

I think that says it all.

By Anand Ramlogan 2008-10-05

Integrity problem

The track record of the politically compliant Integrity Commission (IC) is a matter of national shame. Dormant for years, people barely paid any attention to it until Panday’s arrest. Its operations are shrouded in secrecy and there is no accountability to the public to enable critical evaluation of its performance.  

The IC has never bothered to provide the nation with a list of the actual complaints submitted for investigation, the status of same and a time frame for a determination or decision. Members of the public who have relevant information about a matter have no chance/opportunity to assist the IC because they have no idea what/who has been reported to it. Shouldn’t the IC publish complaints received? The advertisement can make it clear that these are unproven allegations and invite anyone with relevant information to contact the investigator.  

The IC needs the resources to clear the present backlog but will be at the mercy of the government in this regard. The new IC must learn from the mistakes of the past IC. They did not understand their powers under the Act and refused to invoke them. Instead of acting as an independent body, they sought paid legal advice for the simplest of things (and still managed to get it wrong!).

More money was probably spent on lawyers than investigating complaints! The IC was reduced to no more than mere puppets of the external lawyers. This, despite the fact that a distinguished lawyer is appointed to serve on the IC and there are several in-house lawyers who actually work for the IC.  

Complainants were being asked to virtually do the work of the investigators who showed no real enterprise and initiative. No one was ever summoned for example, to provide documents or give a statement. You had to try and persuade the people to come forward yourself. The IC was guilty of stonewalling instead of helping.

The choice of investigator was also a problem. Retired and serving police officers are utilized but they come from a culture consistent with the protection of status quo. Their attitude leaves a lot to be desired and their level of efficiency is reflected in the lack of progress on these complaints. The use of the foreign firms that have been selected by and work for the government is another sore point as there is the perception of bias in these investigation. What, for example, is the status of the complaint filed by former Vice President of Finance at UTT Ken Fitzandrew? The Canadian firm of Intellisis was hired to investigate and completed this years ago. No action was taken by the IC. Ken died, frustrated and without vindication.  

This is the modus operandi of the IC: let it languish; with time, frustration and depression will cause the matter to disappear...somehow. Shouldn’t the IC publish the decision on every compliant in the newspapers? People who were wrongly accused will feel a sense of public vindication or be notified that the matter has been referred to the DPP for prosecution.

The Maha Sabha radio licence complaint has dragged on for years now. Former Independent Senator Professor Julian Kenny and the Maha Sabha had submitted complaints over the award of a radio broadcast licence to PNM party hack Louis Lee Sing’s Citadel Ltd.

The Privy Council described the actions of the Government as “arbitrary and capricious.” The case revealed an intricate web of deception and intrigue on the part of high government officials to perpetuate and then conceal the discriminatory treatment of the Maha Sabha. Of particular concern is the findings by the Privy Council that the State misled the Court of Appeal and allowed it to twice give judgments on a false premise. The judgments slammed the abuse of state power and raised an almost irrefutable case of serious wrongdoing and misconduct in public office.

The investigation into this complaint has been completed for some time now but no action was taken to refer the matter to the DPP because the last IC resigned in the wake of revelations that it was consulting Manning on how to treat with the Rowley affair. Apart from this matter however, there are several complaints about political corruption, insider trading, nepotism, discrimination, private profit and preferential treatment.

The evidence to substantiate/prove a violation resides in the bosom of the state itself and the IC has ample powers to facilitate an aggressive and proper investigation. Instead of ignoring these powers and putting the burden of proof on the complainant, it should understand and invoke these powers to facilitate a genuine and meaningful investigation. This assumes, of course, that this is in fact the mandate and intention of the IC.   

By Anand Ramlogan

Justice at Last

Panday’s former defence lawyer, Mr Alan Newman, QC, recently created legal history in the famous “lotto rapist trial.” In a case that attracted widespread publicity and keen public interest, the House of Lords, in an unanimous ruling, held that Newman’s client, a retired teacher, could sue the person who raped her, even though the six-year limitation period had long passed.

The rape victim who was identified as “Mrs A,” expressed delight in the result. Her life was destroyed when she was viciously and brutally raped by a man named Lorworth Hoare, who was convicted and sentenced to imprisonment in May, 1989. He had previously been imprisoned for a number of other sex crimes, including rape, two attempted rapes and three indecent assaults during the 1970s and 80s. On August 7, 2004, Hoare purchased a winning lottery ticket on his way out from jail, and won a whopping £7m (over TT$70m). He immediately purchased a luxurious mansion and lived the life of the rich and famous, whilst his ruined rape victim looked on in shock and horror.

No legal action was ever taken by Mrs A, because Hoare was a man of straw and there was no point in suing him for monetary compensation. The lotto jackpot, however, changed all of that. She attempted to sue him, but in 2005 the High Court ruled her compensation claim was doomed to fail, because it was filed outside the six-year legal limit. This decision was subsequently upheld by the Court of Appeal.

The House of Lords reversed both courts, and effectively overturned 400 years of legal precedent by holding that Mrs A could be allowed to sue outside the time limit. The court said judges had the discretion to extend the time limit in special circumstances. This case was heard together with four other appeals where the same issue was raised in the context of sex abuse cases.

Victims of sexual abuse have long complained that by the time they are mentally prepared to take legal action, the limitation period has expired. In many cases, children who were abused while growing up were barred from suing when they became adults. That the law permitted such grave injustice has always been a stain on the conscience on the legal system.

Baroness Hale said it was important the legal system respond to the challenges posed by historical sexual abuse claims. “A fair trial can be possible long after the event, and sometimes the law has no choice,” she said. The decision gave hope to one of the victims who was sexually-abused between 1982 and 1988 at a school when he was aged between ten and 16.

Baroness Hale said victims of child abuse were often reluctant to report it at the time. She said:

“Until the 1970s, people were reluctant to believe that child sexual abuse took place at all. Now we know only too well that it does. But it remains hard to protect children from it.

“This is because the perpetrators have many ways, some subtle and some not so subtle, of making their victims keep quiet about what they have suffered.

“The abuse itself is the reason why so many victims do not come forward until years after the event. This presents a challenge to the legal system, which resists stale claims.

“Six years, let alone three, from reaching the age of majority is not long enough, especially since the age of majority was reduced from 21 to 18.”

This landmark ruling may have implications for the development of the law with respect to limitation periods in the Commonwealth Caribbean. The House of Lords deserves full marks for its willingness to meet this difficult challenge posed by exceptional cases of this nature.

By Anand Ramlogan 2008-03-02

Site Admin Notes:

Other media reports of this case:

1. Guardian (UK) 30th Jan 2008

2. BBC - 30th Jan 2008

3. Times - 1st Nov 2007

See below attached judgment by the House of Lords.

Look in the mirror

Can you imagine how different this country could have been today, if Basdeo Panday had managed his temper, swallowed his pride, and not defected from the NAR to form Club ’88?  Political discretion was never the better part of Panday’s valour.

The year 1986 was Panday’s first real chance to change the course of our social and political history, and he failed to see the larger picture. He should have thought about how he could right the wrongs he quarrelled about as Leader of the Opposition, and formulate a strategy as to how he could bring about meaningful change by fighting from a position of power in government.

Instead, he opted to retreat to the predictable impotence of opposition, and condemned us to a lifetime of PNM incompetence. He chose personal power and fame over country and people. His political career is littered with fragmentation, destruction and re-creation. He lacked vision and patience. Today, we are paying the price for his selfish choices that predictably led to the re-election of the PNM. Even now, a shadow of his former self, Panday still thrives on the sound and fury of self-destruction and internecine warfare, and is opting for the path that will entrench the PNM.

The PNM has returned the favour by keeping Panday in politics, because his irrational behaviour is a bonus. The year 2009 would mark a decade since Panday allegedly made false declarations of his income and assets to the Integrity Commission. Panday’s retrial is virtually stuck in the mud, because yet another judicial review has been filed to challenge the refusal of Magistrate Espinet to disqualify herself from presiding over his trial, on the basis of her perceived links with the PNM.

Panday was lucky to have his previous conviction and sentence set aside, after it emerged that the Chief Magistrate had compromised himself and the integrity of the trial by failing to disclose his involvement in a land transaction that involved assistance from high-ranking members of the PNM.

There is a conspiracy theory that the PNM is doing its utmost best to keep Panday alive. He is the single largest obstacle to political unity of the opposition forces, and as long as he is politically alive and active, the PNM is safe.

Why/how did secret, confidential discussions between former AG John Jeremie and Chief Magistrate McNicolls leak out? Are we to believe that a political party with over 50 years’ experience, that has protected some of the most corrupt deals ever made, was so naive that it couldn’t keep the lid on the infamous land transaction? I doubt it.

Maybe McNicolls was set up and didn’t realise it. What if we all got it wrong from the start? There was never any intention to bribe McNicolls to ensure he convicted Panday. What if the plan was to muddy the waters of the trial to ensure that if Panday was convicted and sentenced to a term of imprisonment in excess of one year (thereby disqualifying him from holding political office under the constitution), he is given a lifeline by being able to challenge his conviction on the ground of bias?

What better gift could the PNM want than an opposition leader indelibly tainted with the brush of corruption with a re-trial hanging over his head? Keeping Panday in this state of limbo suits the PNM well.

His re-trial is set to proceed, and Magistrate Espinet refuses to step down, despite her links with a politically inspired charitable organisation founded by a PNM stalwart. It has now emerged that her father was a PNM minister. Had she simply stepped aside and allowed a different magistrate to do Panday’s case, he might have been convicted and removed from the political equation. But that could spell disaster for the PNM.

I’m not suggesting that Espinet is part of any political conspiracy, but a simple administrative transfer of a case, to avoid yet another series of judicial reviews that would delay (yet again) the start of Panday’s re-trial would have solved the problem and upheld the integrity of the administration of justice.

Panday personally administered lethal injections to the UNC government, by unnecessarily forcing internal elections that created enemies and division within his own camp along old fault lines. It started with his declaration, as PM, that he didn’t intend to stay on forever, and wanted the party to choose a successor.

Kamla, Ramesh and Carlos slugged it out, and Panday’s reputed blue-eyed boy, Carlos, lost to Ramesh. Dookeran was next in line, as Panday nominated him political leader, but ran a competing slate against him for control of the executive.

Many watch in horror as Panday continues to stab the UNC, even while it nurses yesterday’s self-inflicted wounds. He will boast that he was able to bury and resurrect many political enemies during his colourful career: Kelvin Ramnath, Ramesh Lawrence Maharaj, and Winston Dookeran, to mention a few.

One thing he will never be able to answer, though, is who was primarily responsible for keeping the PNM in power for over 40 years. To answer this, he must look in the mirror.

By Anand Ramlogan 2008-12-07

Managing Monteil

PNM party treasurer and financier and CLICO heavyweight Andre Monteil has clearly been earmarked as its sacrificial lamb on the altar of corruption for the upcoming general elections campaign. Caught with its pants down, after it booted the Panday administration out of office on the issue of corruption, the government is having the moral and spiritual rug yanked out from beneath its political feet on the eve of the election.

The only way to deal with such a situation is to show that the PNM is serious about corruption as illustrated by the manner in which it deals with such allegations. Unlike Panday, who ignored cries from his own supporters about his notorious 10% government minister in his cabinet by calling for evidence to be taken to the police, Manning wants to demonstrate that he will treat such matters at arms length. He will expose it and have it investigated. No cover up.

This might be good damage control political strategy but the fact remains Manning has only reacted when the petticoat of his government started showing. When, for example, the PM first dealt with this matter in Parliament on August 17 he defended the narrow legality of the transaction by stressing that the Central Bank investigation advised that there was no basis under the Home Mortgage Bank Act “to seek a reversal of the transaction.” He made no mention of the fact that the report viewed the entire transaction negatively and recommended the use of “moral suasion” to convince Monteil’s company, Stone Street Capital to divest its shares.

The Central Bank report went so far as to suggest that NIB be used as the vehicle for the re-purchase of the shares and Monteil be paid back the $110 million for the shares plus interest and expenses incurred.

One can understand why Subash says “the Central Bank asked for moral suasion they knew he was treasurer of the PNM. They were saying, ‘Hear what, he’s the treasurer of your party, talk to him, nah. Reason with him nice, nah. Tell him take some, not all (sell to NIB).”

It is inconceivable that a transaction of such importance and magnitude could have taken place without the knowledge, consent and tacit permission of senior government officials. For starters, what about the directors drawing fat salaries who serve on the Boards of the Housing Development Corporation and the Home Mortgage bank? Are we really expected to be so naive as to believe that a hundred million-dollar transaction involving the sale of shares in a government-controlled financial institution takes place and no one in the government knew about it? Were these directors asleep when all this was taking place? Did they vote in favour of the sale of the shares to Monteil?

What about the loquacious Housing Minister Keith Rowley himself who stridently attempted to defend the transaction that occurred under his nose and watch? Manning made him look stupid when he condemned the deal and apologized for ostensible misleading the House.

There are many unanswered questions. According to Manning, “a question also arose with respect to the financing of the transaction under which HDC was said to have made a deposit of $100 million in CLICO Investment Bank. Mr Andre Monteil was at the time chairman of both HDC and CLICO’s bank.” Monteil’s resignation from the HDC Board is no plaster for this cut which raises the issue of conflict of interest.  

One supporter described Monteil as ‘the heart and lungs of the PNM’.  In Panday appeal, Justice Archie outlined his role by saying “The Attorney General’s later account of his investigation is that, on 25th April 2006, the day after judgment was delivered, he telephoned Mr Monteil, who was his personal friend…He (Monteil) told CLICO to ‘clean up their mess’ and says he used the word ‘mess’ because ‘although I could not prove anything I was angry nevertheless’.

The timing of the AG’s intervention is also the subject of a discrepancy that may be of significance to the fair-minded observer. According to Mr Monteil, his first conversation with the AG concerning the matter was sometime in late March or early April at a time when the judgment was still outstanding. We are not required at this stage to resolve that discrepancy. What we are required to consider is what impression the totality of the available evidence would have on a fair-minded observer”.

I wonder what impression this purchase of shares by the PNM’s treasurer would have on the fair-minded observer as they think which party to vote for?

 By Anand Ramlogan 2007-09-01

Manifesto malfunction

We passed a significant milestone this week. Our murder rate for mid-May, 2010, surged past last year’s tally of 193. We are at 200 already! Another significant statistical milestone is the fact that the total number of murders under the PNM crossed the 3,000 mark. It now stands at 3,065! Over 3,000 persons have been murdered under the watch of the Manning administration.

Families have been deprived of a father, a son, a mother, a daughter and a breadwinner! The pain and suffering of those that have to survive after the crime is an unexplored, complex social problem. They are left to fend for themselves, with no help from the state. This unprecedented murder rate gives new meaning to the blind chant of a few that “Ah is PNM ‘till ah dead” as the gang violence continues to wipe out an entire generation of youths in the PNM stronghold of Laventille. I was horrified to read press reports which described the 16-year-old Stern Sealy, who was shot to death by a police officer he tried to rob, as “a seasoned criminal.”

At sixteen?
Even so, the innocent are not spared. Russell Antoine, 27, an innocent bystander, was shot and killed during an exchange of gunfire among rival gangs at Upper Cemetery Street Extension in Diego Martin. Antoine was shot when rival gangs began chasing and shooting at each other in broad daylight. He was caught in the crossfire. Scared residents were forced to duck for cover, as young gunmen converted the area into a war zone, resembling a scene from a war movie. Crime is the No 1 problem in this country. The PNM launched its manifesto, and it is a case of “same ole, same ole!” The manifesto promises new mega-projects galore, but failed to tell us how the government intends to make our home a safer place to live in; how they are going to reclaim the streets and lift the self-imposed national curfew and undeclared state of emergency for law-abiding citizens; in short, how they intend to stop the blood from flowing.

The absence of a coherent crime policy in the PNM’s manifesto is damning. The casual attitude to crime was evident in Manning’s flippant statement, in the face of daily slaughter, that crime will have to get worse before it can get better. Apart from crime, the PNM’s is silent on transparency and prevention of corruption. We have moved from the good ole days of the Francis Prevatt and John O’Halloran to Calder Hart and Andre Monteil. Monteil, you may recall, as Chairman of the Housing Development Corporation (HDC) lent $60 million to Clico Investment Bank which in turn lent money to Monteil’s company “Stone Street Capital Co, Ltd” to buy the shares in Home Mortgage Bank. (Sounds like a case of taking out of the left pocket and putting in the right, only the transfer is of funds not belonging to you, right?)

Manning never told the nation that the Central Bank report viewed the entire transaction negatively, and recommended the use of “moral suasion” to convince Monteil’s company, Stone Street Capital, to divest its shares. In fact, the Central Bank report went so far as to suggest that NIB be used as the vehicle for the re-purchase of the shares and Monteil be paid back the $110 million for the shares plus interest and expenses incurred. In Panday’s appeal, Chief Justice Ivor Archie highlighted Monteil importance in the PNM: “The Attorney General’s later account of his investigation is that, on April 25, 2006, the day after judgment was delivered, he telephoned Mr Monteil, who was his personal friend…He (Monteil) told Clico to ‘clean up their mess’ and says he used the word ‘mess’ because he was “angry”.

In winding up the 2008 budget debate, Manning promised the nation that the Government would ensure that the HMB shares would be retransferred. Manning claimed that he did not know what Monteil was doing when the government passed legislation to facilitate Monteil’s transaction. He even promised that “In correcting it, we’re going to ensure that the shares are retransferred at the same price.” Needless to say, the promised legislation never materialised. It was Keith Rowley who, in his sober days, warned: “The PNM had surrendered its legacy to one man who was leading the PNM down a road which, I am certain, will be filled with regret.” Sad to see you go down that road, too, Keith.

By Anand Ramlogan

Manipulating promotions

It is strange that at a time of such high crime and corruption we have no substantive DPP, Police Commissioner, Solicitor General, Chief Parliamentary Counsel and Integrity Commission. These offices all have an important role in ensuring that the rule of law prevails. Is this by design or sheer coincidence?  

At present, no permanent appointments have been made to these key offices in the state and this must be a cause for concern. In some cases, we know that the Prime Minister exercised his veto but in the others, we have no explanation as to why these offices have not been filled.

Temporary acting appointments have the potential to compromise the independence of these offices. The appointee is in a delicate and vulnerable position. No bank will give a loan on the basis of a temporary appointment, the holder cannot properly personal life beyond the expiry date of his/her acting appointment, persons in contention for the position might try and undermine your chances, you worry about being set up by being appointed to act (because you are the natural, but unwanted successor) so that an adverse staff report will be done on your acting duty to destroy your chances when interviews are conducted for the ‘real’ promotion, and every sensitive matter that comes before you with political implications is a ‘test’ to see how receptive you may be to political influence.

Acting appointments have traditionally been used as a tool to manipulate the public service. People have been known to be left languishing, acting for many years, only to see their juniors leapfrog ahead of them when the Commission mysteriously and suddenly decides to fill the post. In the case of prison officer Dougnath Rajkumar, the Privy Council was astonished to note that he had been acting for 14 years! In another case I did, the officer remarked that the Commission appointed him to act for two years but refused to fill the vacancy as the Head of Department refused to make such a recommendation until his girlfriend’s brother completed a course and then recommended that interviews be held. Guess who scored higher at the interview?

Interviews & the Police

Interviews are a powerful weapon for manipulation. Examinations are objective. You are marked by reference to set criteria. The marker should not know the name of the candidate whose paper he is marking so there is little room for discrimination. Interviews, on the other hand, are personal. They see you. It is subjective. If they want to discriminate, they can. There is no right or wrong answer. You are at their mercy. 

In the police service, for example, promotion is now done based on examination and interviews but many officers have complained that the interviews are being used as a ploy to increase the overall marks of ‘duncey-head’ officers who are favoured for promotion because of reasons extrinsic to merit and ability. There is the perception that interviews are being held to correct any imbalances that result from the objectively assessed theoretical promotion examinations.  

I had refused to believe this until recently, when I realized that the Police Commissioner had quietly reversed a policy decision he had made to award marks to officers based on an officer’s grade in CXC or GCE or his marks at the promotion examination for English Language. Officers would receive up to a maximum of 35 points. The pie chart of potential appointees must have caused great alarm because the policy was suddenly changed.

Instead of awarding a score based on one’s grade or examination marks, Mr Philbert has revered his policy and decided that ALL officers would receive the maximum of 35 points REGARDLESS of their grade or score. So an officer with a distinction or someone who scored 90% would receive the same amount of points as the one that barely scraped through and obtained a grade C or 40 marks! So much for the promised change, Mr Philbert!

The incongruity in officers scoring high in the examination but being marked down in the interview reinforces this perception. The fact that the authorities refuse to have an ethnically balanced interview panel only adds fuel to the fire. Indo-Trini police officers feel that the odds are stacked against them. Why nothing is done about such an obvious legitimate grouse is a mystery that only the Police Commissioner, the Police Service Commission and the Minister of National Security can answer.  

This new policy will not yield the best officers. There are far too many qualified people looking for jobs in the police service for Mr Philbert to promote this kind of mediocrity. Transformation and change will not come if we flip-flop on important policy changes. And its time Mr Philbert listen to the cry of the Indo-police officers that serve under his command. They feel as if they are being given a raw deal because the promised change to the ethnic composition of the interview panels in keeping with the Selwyn Ryan report from the Centre for Ethnic Studies has not come. Ethnic diversity in the hierarchy of the police service might never be achieved unless this is changed. 

By Anand Ramlogan 2009-03-05

Megalomaniac Manning

‘All relevant institutional stakeholders in the criminal justice system must join forces urgently to rescue the criminal justice system and restore public trust. ‘The very fabric of our society is being eroded. Viewed objectively, there can be no greater importance on the national agenda.’ —Justice Mark Mohammed, in the failed murder trial of Keisa Sealey.

It is a sign of desperation that judges now feel compelled to step out of their crease and register their alarm about the continuing decline and disintegration of our society. It is a last-ditch attempt to make a distress call.

Last week, Justice Anthony Carmona pleaded for an urgent review of the URP programme, because it was the cradle of criminal gangs, and had become the root of State-sponsored criminal activity. Interviews with youths who openly confess to receiving URP cheques for no work, as ghost gangs led by gang leaders control lucrative contracts and fight for turf, abound in the media and in the courts during murder trials. Nothing has become of the scandalous expose that even Jennifer Lopez was listed as a URP worker and drawing a salary! In the midst of all of this, PM Manning’s priority is the purchase of a private executive jet at an astronomical cost of $300 million.

Mr Manning does not speak to reporters about the uncontrollable crime situation. Instead, he addresses the rape case against his friend, St Vincent PM Ralph Gonsalves. Manning and Arthur Lok Jak, Vision 2020 Chairman, think that we are all fools. There is no social or economic justification, whatsoever, for the purchase of a private executive jet for the PM of a country with less than two million people riddled with violent crime and lacking basic necessities.

If this was a viable economic enterprise, rest assured Lok Jack would have been buying the jet to lease to Manning himself. Is Manning’s time really so precious that he cannot afford to wait in the airport? Can his protocol officer not liaise with the VIP lounge to ensure the PM is the last to arrive and board when the aircraft is ready to leave, so his time is managed?

As for Colm Imbert trying to deflect all questions to the board of Air Caribbean, rest assured we are not all dimwits; everyone knows Air Caribbean is simply dancing to the Government’s beat on this one. The board and management of Air Caribbean have a duty to act in the best interests of the company, and the level of care, diligence and skill must meet objective standards, or else the risk of personal liability of directors arises. I find it impossible to believe there is no dissent from any director on this issue! It is a vulgar and obscene, abuse and waste of public funds and not a “beep?” It seems as if we’re back to the good ole days of “not a damn dog bark”!

The outrage of citizens is evidenced by the avalanche of letters to the editor. Why not an air ambulance in light of our developed oil and gas industry, where injured people frequently need to be airlifted? Why not more beds and dialysis machines for San Fernando General Hospital? Why not subsidise food prices, instead of advising us to eat yam and cassava? Why not remove VAT on basic necessities?

While murderers continue to walk free because our criminal justice system is malfunctioning, as people are too terrified to testify and the delivery of justice is too slow, Manning wants to fly in style. This exaggerated sense of self-importance is difficult to reconcile with the tenets of Christianity, and he clearly needs to be “born again.”

He is distancing himself further away from the problems of the masses, and the political neophytes he has chosen to surround him all seem to worship him. Such megalomania is to be expected in a small-time banana republic, where we seem to think the world revolves around T&T.

All hail Manning, President of the Caribbean!

By Anand Ramlogan 2008-03-09

Moving the goalpost

Last week’s column generated quite a lot of feedback, for which I am grateful. One point I certainly agree with is that being “the most academically-qualified” does not necessarily mean that you are the “brightest.” As one email put it:

“Scholastic grades as the single index of smartness or readiness for medical school is highly erroneous. A grade profile of AAA is simply a statistical representation of a student’s ability to reproduce information and materials. This obsession with how well students can regurgitate is prevalent in Trinidad and Tobago’s educational system. Standardised exams such as CXC and A-Levels only indicate a student’s ability to store facts and reproduce them. They tell nothing of one’s mental and emotional preparedness for the wide range of demands in the medical profession.”

I agree.

Indo-Trinidadian students do need to engage in more extra-curricular activities, and culturally, there must be a shift to the centre, as “a healthy mind in a healthy body” has not traditionally been the goal, with the result that many Indo-professionals suffer from poor health far too early on in their life.

There are many “brilliant” scholarship winners who have no inter-personal skills or leadership ability, are introverted or too timid, and this seriously devalues their overall worth and contribution as a citizen. I therefore agree with the inclusion of extra-curricular activities as a criterion for admission into academic life. It must not, however, be the overriding factor or overwhelm the primary criteria, as I wouldn’t want an incompetent doctor who could play pan and football sewing me up anymore than I would one that could play the dholak and cricket!

Policies that have resulted in glaring racial imbalances must be examined. Are the criteria too narrow or biased? Or, is it a case of underachievement on the part of one section of society that needs examination and explanation? 

Moving the goalposts will not necessarily change the identity of the goalscorers, and may even dilute overall standards. There must be a willingness to address such issues in a multi-racial society, based on racial politics, or else suspicion and resentment are bound to occur.

I have repeatedly called for the compilation of racial and other statistics, because I believe this could help influence, shape and inform government policy. Indians could be completely wrong to point to the imbalance in the protective services, or the Central Bank, as evidence of racial discrimination, because they probably do not apply in large numbers.

Africans may be equally wrong to complain about the disproportionate number of Indian medical students or entrepreneurs, because they chose different careers in the social sciences, arts and public service. And in both cases, they might not be applying because they do not believe they would succeed, or if they get in, that they would be welcomed and could prosper.

Why go where you’re not wanted?

State agencies have stoutly refused to compile racial and other statistics, out of fear for what it might reveal and our perceived inability as a society to handle the socio-political reality. We are not politically mature enough to handle the truth. And worse yet, we hide behind the misplaced concept of meritocracy. Should Indo-Trinis feel discriminated against because most of the government housing projects exclude them?

The Government response that it is simply giving homes to the homeless or those who need it the most begs the question: where is the statistical data to substantiate the position that there are disproportionately more Afro-Trini families in need of housing than other groups in society?

What if the research revealed that Indo-Trinis happily but illegally settled in rural areas and built houses on State (Caroni) lands, or Afro-Trinis culturally prefer to live in high-rise apartment complexes in urban areas? Does the Government think the perception of discrimination would simply disappear if it keeps repeating the political rhetoric of simply giving homes to the needy?

COASTATT’s “Afros-first” policy had opened up a can of worms. Everyone accepted that the Afro-Trini male between 17-24 needed special attention because, as Rowley put it, they are “underachieving in the classrooms and overachieving in the jails.”

No statistical data was presented.

In modern societies, data is actively solicited and configured by the State and large corporations in the private sector, with the aim of promoting equality. This informs policies on issues such as racial balance, gender equality, geographical spread, disability quotas, mature student entry for “older” people, equal opportunity for gays and lesbians, flexi-time hours for parents, etc. In T&T, we seem to prefer debating in the dark without the assistance of the candlelight of statistics.

Why?

By Anand Ramlogan 2007-07-29

New faces, old ideas.

I am tempted to say the Government lost a lot of credibility, given the embarrassing volte-face on the effects of the international economic crisis on our local economy, but would concede that it actually enjoyed credibility that could have been lost.

The idea that we were so strong and powerful, that we were either immune from the negative ripple effect or somehow isolated from the web of interlocking international trade and investments, was dangerously laughable. It would have been a nice joke, but for the seriousness of the issue.

The middle class is still reeling from the impact of the hike in premium gas and the astronomical price of food. The news that it must tighten its belt again only adds insult to injury.

The socio-economic discrepancy between the high-rise buildings and mega-projects that needlessly litter the landscape and the plight of the poor and slipping middle class was always a problem.

It was bound to be the Government’s Achilles heel. It is difficult to reconcile the tangible evidence of economic prosperity with the suffering on the ground. The Government refused to develop a serious agricultural plan so that our nation can feed itself, and now we must all suffer for it.

When I walked through the constituency of Tabaquite for the last general election, I was amazed to see the quality of the abundant produce the farmers, despite the terrible conditions. They all complained about the lack of support from the State. The roads were inaccessible; the bridges had become unusable; there was no reliable water supply, and uncompensated losses due to flooding had virtually stultified their growth. Add to this, the scarcity of agricultural labour, praedial larceny, and the rising cost of fertilisers and you will understand why food prices are so high.

The Central Bank Governor has stated more than once that our 15 per cent inflation is “food-driven” or fuelled by the high price of food. Barring the welcome decrease in the price of flour, the Government has addressed the symptoms of the problem without dealing with the cause.

Smart cards and pension increases are necessary, but where is the much-needed incentive for agriculture? The ex-Caroni workers are still awaiting their promised plots, but even so, the plots are too small to make farming them a viable economic project. The economies of scale will simply not be there.

Treating the symptoms and not the cause of the problem is a peculiar characteristic of the PNM. The Prime Minister immediately makes it clear that Cepep and URP will be expanded. Why? Neither project generates income, but more importantly, weren’t we told that Cepep was meant to train and re-tool workers so that they could then find gainful employment?

And wasn’t URP supposed to provide temporary relief from unemployment? And why expand a project that Independent Senator Dana Seetahal quite rightly reminded us nurtures and sustains criminal gangs? The rush by Manning to allay the anticipated fears of his base exposes his political failure: after two terms in office as PM, he failed to create a generation of people that would not be enslaved to the dependency syndrome.

The sad part about it, though, is that the people are capable of achieving so much more if only their true potential is harnessed. There are so many who have managed to test themselves against the best, once they were able to break free from this cycle of “relax because the ‘father of the nation’ will provide!”

The middle class will be hurt by this impending recession. The progress that was made to close the gap between the rich and the poor will recede, and the gap will once more widen.

Top of the list is crime. To think it can’t get worse is wishful thinking. The unemployment that will be caused by the slowdown on the housing projects will create a social “bulge” that requires immediate attention.

Perhaps, the Government needs to review its use of foreign labour on some of the mega projects. In 1986, the recession created such disenchantment that the PNM lost the elections 3-33. The next four years of its tenure will be testing.

There is need for innovative and creative thinking to solve our problems.

Barack Obama has embraced his political enemies of yesterday because he understands the value of picking the best team possible for America, regardless of different political opinions. He also understands the danger of isolating people who may be qualified to help on the basis of their political persuasion.

Unfortunately, our petty politics makes this kind of leadership a dream. This U-turn fiasco, whereby red-faced and boldfaced government ministers had to back-pedal on their original position, shows that outside help is needed. Can Mr Manning appreciate what’s at stake and choose non-PNM people to help save our economy?

Or, will it be a case of new faces, but same old PNM ideas: feed them and they will vote for us, regardless.

By Anand Ramlogan

No Change of Heart

 The bacchanal over Rowley’s sudden firing is not likely to weaken the PNM. The reason for this is the party draws its sustenance from a well-entrenched, hard core African voting bloc that is more inspired by the fact that it does not want an Indian Prime Minister. Performance, policies and political philosophy is secondary, if not totally irrelevant. 

by Anand Ramlogan 2008-04-26 

No Consolation Prize

Manning had declared that general elections will be held in 2010. I am skeptical and wary because he is not to be trusted, but clasp my hands and give quiet thanks for what must be divine intervention.  

I don't want to get my hopes up. I think it is a not-so-clever strategy to divert attention from the Udecott and Calder Hart corruption crisis. The government has been buckling beneath the weight of public opinion and pressure.

Was this the straw that broke the camel's back? Manning's public defence of Calder Hart culminated in that unforgettable front page photo with him toasting to Calder Hart with President Max Richards in the middle of the Uff Commission when things were really heating up and people's heart started racing. 

Manning is so arrogant though that he might not realize the extent of the adverse impact of his unpopular measures and economic mismanagement. Tactically, he might think it wise to let the election guillotine fall now, while the unification process is still in its embryonic stage rather than risk the birth of a fortified and strengthened challenger. His announcement has certainly taken Calder Hart and the Uff report off the front page. 

Either way, the opposition forces cannot treat this as empty rhetoric. They should instead treat this as an ultimatum. It must act as a catalyst for unity. The frustration over the pace of the unity effort is bound to intensify. People sense that the PNM is against the ropes. If Manning wins the next general elections, the PNM will be in power for a very, very long time. There is, therefore, the need for speed and sense, vision and decision. 

The COP support base has shrunk, but there is a genuine 'third' constituency that the UNC must attract. This constituency found political expression in the ONR, NAR and COP. Although it has never won a seat, it is not irrelevant to the first past the post system because it can split the votes and guarantee victory for the PNM. 

That said, history has shown that it disintegrates and fizzles out with time because  a party simply cannot survive in the first past the post Westminster system of parliamentary democracy unless it actually has a seat(s) in parliament. There is no consolation prize in our political race. The COP, will therefore follow the fate of it predecessors and should see this as a golden opportunity to get a foot in the door and ensure its survival as a political entity.  

People will scrutinize and analyse the COP's proposals. A naked grab for disproportionate political power sugar coated and disguised as an attempt as unity will be exposed and rejected. A mature and sensible approach is required that is rooted in the political reality and  future that we all seek. It must be equitable and proportionate, fair and just.  

The unity must also be practical. The PNM is a strong and mighty political party with an entrenched base. The present discontent and malaise may not necessarily translate into votes against it. A strong, united single party is the best option. There is no room for a third part in our present political structure.  If the COP joins the UNC, it will not just be a matter of simple re-branding. It will enhance the human resources and intellectual capital available to Kamla to engage in the transformation that she is about.  

Other options present difficulties. Coalitions are not trusted by the people and have proven problematic in many countries. The internal tussle and competition has a destabilizing effect on the government. The ground is fertile and receptive for change and history will not judge our leaders kindly if ego and personal ambition conspire to snatch defeat from the jaws of political victory.   

As I've said before, Winston is an honourable man. If I didn't feel this way, I would never have rejected Panday and accepted him as my political leader. I entered the battlefield as his lieutenant and we scored a Pyrrhic victory. If I have said anything to offend or hurt him, I apologise. That was never my intention.  

This is a great moment in our and his political history. In times of crisis, great men see  it as an opportunity for change. Winston can be the statesman and can rise to the occasion. Country must come before party and self. His political philosophy and vision will strengthen the pillars of Kamla's victory for the people. Behind every successful woman, there must be a great man. Patience and time is running out.   

By Anand Ramlogan

No Witness Protection

LAST MONTH, I listened in amazement to a radio interview, during which chairman of the ruling PNM, Mr John Donaldson, was being probed by Radio I95.5’s George “Umbala” Joseph on the Government’s response to the crime situation. Mr Donaldson, boldly and confidently, said there was no crime crisis, as T&T was a place of “peace and prosperity.”

Perhaps, Mr Donaldson should try telling this to the families of Kamal Harripersad, Chaitlal Singh and JP Asquith Clarke. They were state witnesses who were executed in cold blood before they could testify. No arrests to date.

PM Manning, who is chairman of the country’s National Security Council, seldom speaks about crime. He deftly and diplomatically parries the blows from probing journalists when they do get the odd chance to interview him. He often defers the matter to his esteemed Minister of National Security Martin Joseph.

Martin Joseph stumbles, stutters, mumbles and smiles, but has absolutely no concrete plans whatsoever. He trips over every hurdle, and accepts no responsibility for the lack of vision, policy and strategic direction in the fight against crime.

Millions are wasted on blimps that are ill suited to our “atmospheric conditions.” People are unfairly and unnecessarily trying to make him look bad by classifying Carnival stabbings as serious crime. Malfunctioning foreign-used radars, blimps and CCTV cameras are to be expected. So what, if a police officer is murdered in front of a blank crime camera?

Gangs have mushroomed and multiplied under his nose, despite his famous cry that “We will hunt you down! We will not allow you to terrorise and hold ransom our nation!” a few years ago.

The latest gem from Joseph is that we should all have patience, because what is needed in the fight against crime is “a holistic approach.” This is excellent crap that slides neatly into the monotonous muttering from CoP Trevor Paul that, “it is a societal problem.”

Just how we should expect citizens to “play their part in the fight against crime” by co-operating with the police and giving evidence against criminals, in the face of merciless executions of state witnesses, is an irritating issue that escapes Paul and Joseph. They are quick to enumerate the reasons why people do not wish to participate in the witness protection programme, but say precious little about what they are doing to address these legitimate fears and concerns.

If a witness cannot bare the thought of prolonged separation from his/her family, where is the bill Joseph has laid in Parliament to ensure that cases involving prosecution witnesses who are in the witness protection programme are given top priority and completed within three to six months?

If a witness fears retaliation by gang members after the trial is over and their leader/friend is behind bars, where is the guarantee of continued police protection after the trial is over or the option to relocate to another country? If a witness cannot bare the onerous restriction on his freedom on his movement, where is the plan to temporarily post him to a Caricom neighbour, so that he can actually live while waiting on the courts?

Have you any idea of the level of frustration and exasperation these witnesses experience? They feel virtually imprisoned in these so-called safe houses (as if they are the accused), and no priority is given to their matters in court. Instead, the matter is continuously adjourned. Many witnesses end up, out of sheer exasperation and frustration, leaving their safe house. They risk life and limb, so they could get a breath of fresh air or feel like a free man. Many have gambled with their lives and lost. But who are we to volunteer that they should remain imprisoned in a safe house while we could continue to enjoy the sweet Trini life on the outside?

No one can deny a holistic approach is necessary, but this is a long-term macro policy. Urgent short and medium-tern solutions are required to prevent the imminent disintegration of our society. The whole debate about the declaration of a limited state of emergency is laughable, because we are already living in an undeclared state of emergency. Self-imposed curfews are the order of the day, and people will support police intervention, no matter how brutal.

How many more must die before the PNM admits we have a problem?

By Anand Ramlogan 2008-02-24

No let-up in crime situation

"Manning also said Government was as concerned about crime as the citizens of this country. If the solutions were easy, we would have solved the problem a long time ago,” he said, adding that it was not too late. “What we can commit ourselves to is this: If we try A and A does not work, we will try B; and if B doesn’t work, we would try C. We will try, and we will try, and we will try until we solve that (crime) problem in the interest of the people of Trinidad and Tobago."

The year 2010 has picked up where 2009 left off: 30 murders in 20 days.

The search for a Commissioner of Police kick-starts like an old car that will probably chug along as the murder rate gallops. Jerrold Maule was shot 18 times, because he dared to change and live a decent, honest life. Innocent children such as Tecia Henry are once again killed and maimed in the heat and hate of criminal gang warfare. Brent Jerome, hard-working farmer and father of three, was fatally shot for no apparent reason. As if to demonstrate open defiance and insult Martin Joseph, criminals got out of the blocks like they were running a 100 meters dash. Mr Joseph recently boasted that he had kept his promise to keep the murder rate for 2009 lower than 2008. Each year, his empty promises are repeated.

No one really bothers to call for his removal anymore, because PM Manning has made it plain that he will not move him. (Understandably so, for if under-performance was a reason for dismissal from Cabinet, Mr Manning himself might have had to resign). The Freedom Chambers network administrator has done a projection that is frightening. The graph below shows the steady rise in crime and its accelerated upwards trend since the PNM assumed office.

Blood is going to continue to flow like water, as young and old alike are gunned down like manicous. The bland attitude and approach of the Government to the No 1 problem facing us means that there is no hope for a safer T&T in 2010. This graph shows a country where the lawless and lawlessness seem set to prevail. T&T badly needs a rescue mission—and soon.

By Anand Ramlogan

Not serious about integrity

None of the problems associated with the present Integrity in Public Life Act (IPLA) have been addressed by the Bill tabled by the Government to amend the IPLA. The amendment is self-serving and designed to undermine, instead of strengthen, integrity in public life. There is no evidence of any avalanche of frivolous complaints to justify the draconian measures the Government seeks to introduce against ordinary people who wish to make complaints.

The present law understands and recognises the fact that ordinary citizens would not have access to hard evidence to prove corruption. People might have a suspicion or have a small part of a larger jigsaw puzzle. They might know something is wrong, but cannot prove a case because they do not have access to the official documentary evidence. Corruption normally involves a conspiracy or joint enterprise by several public officials.

This is why the IPLA allows and encourages citizens to make complaints without any hassle. The Integrity Commission is given wide powers to investigate the complaint and must do so. The IC has never once complained in any of its annual reports laid in Parliament that this system was being abused. On the contrary, it was under-utilised as evidenced by the low number of complaints. If the concern is the need to protect public officials from baseless, frivolous complaints, then the law should be amended to mandate the IC to publish the results of its investigation in all daily newspapers so that the official can be publicly vindicated where appropriate.

Face accuser

No one will make a complaint if their identity will be disclosed and they risk a $500,000 fine and five-year jail term if the complaint is found to be false. The argument that the public official is entitled to know his accuser is also hollow. If the complaint is investigated and has merit, the public official will get his chance to face his accuser in court when he is criminally prosecuted. This is what occurs in our criminal justice system. The Government has itself been encouraging anonymous complaints via the Crime Stoppers hotline to help fight crime.

Police routinely act on “tip-offs” and information from informants. They execute search warrants, arrest people, etc, and this is all lawful. Why should the IC not be able to act in a similar fashion when it comes to the investigation of corruption? What the Government should have done is deal with the problems caused by the lack of accountability and transparency in the functioning and operations of the IC. No details are provided in its annual reports about the number and type of complaints, the status of the investigation into these complaints and the time-frame for completing same.

Matters needlessly and endlessly drag, until the frustrated complainant loses interest and faith. The complaint that arose out of the Maha Sabha’s radio licence discrimination case has dragged on for three years now with no end in sight. Former Vice President of UTT Ken Fitz Andrews has a complaint against Ken Julien that is similarly dragging on. The complaint about the illegal political rally held in Woodford Square will probably suffer a similar fate.

The IC itself has not demonstrated that it is prepared to use the wide powers given to it to conduct aggressive, robust and expeditions investigations. It has been a spineless institution given to political subservience. Why not an amendment to state that the IC must complete its investigation within 12 months from the date of the complaint? The independence of the IC is another problem that the Government has avoided. In the Rowley matter, Justice Rajnauth-Lee said:

No confirmation

“The Court does not accept the Integrity Commission’s explanation as to why it wrote to the Honourable Prime Minister on the 19th October, 2004, to ascertain whether an inquiry was to be undertaken and if so, the names of the persons to man the enquiry and their terms of reference.

The Court notes that the Integrity Commission is an independent constitutional body which ought to act independently pursuant to its constitutional and statutory powers and duties.”

The embarrassing collapse of the IC should have prompted an amendment that would change the way commissioners are appointed.

Should we remove the need for the president to consult the prime minister and opposition leaders? There would be no need for “confirmation” by anyone then. Should names be vetted by Parliament? These are just some of the serious concerns and problems that should have been addressed by the Government if it was serious about the need for Integrity in Public Life and wanted to strengthen the IC. But that is only if this was the Government’s intention.

by Anand Ramlogan 2009-05-17

Obama a Winner

The battle for presidential nomination between Barack Obama and Hilary Clinton has captivated America. The fluctuating fortunes and exchanges between these two have eclipsed the fact that the Republican nominee has been finalized. The possibility of the first non-white (not black, as Obama has been at pains to remind us that he is mixed) or female president and the close unpredictable result that has the underdog Obama in front has piqued national interest across the board.

Imagine all this excitement for the primaries alone! Obama and Hilary are simply competing against each other in a nationwide internal party election so that the Democrats can determine who will be the party's presidential candidate to square off against Republican John McCain.

Obama's success has stunned the world. Against all odds, his popularity keeps growing. In the cut and thrust of the politics with Hilary, he has defended and counter-attacked well. A former First Lady, Senator Clinton is a formidable opponent and few would have thought that Obama could put up a fight, far less overcome the great Clinton. No matter what the outcome, we are witnessing a social revolution. It was the next step that American society needed to take after the civil rights movement. This is different, but no less significant. Whatever the result, Obama has sealed his place in American history. He has been a catalyst and agent of change and unity.

It has been said that followers can only see a crisis while leaders are able to discern the opportunity presented by a crisis. Obama's campaign was almost derailed by a farewell sermon delivered by his pastor and friend of 20 years, Rev Jeremiah a Wright.

The goodly reverend chose now, to say that the 9/11 terrorist attack which caused so much death and disaster was payback for what America did to other countries from the dropping of atomic bombs on Japan in World War II to oppressing blacks by supporting the apartheid regime in South Africa.

And of course, white racism was the cause of all America's social problems. The eruption of public outrage was understandable and inevitable; he was condemned from all quarters and there were calls for Obama to explain how this man could be his mentor and friend.

Anybody else would have buckled under the pressure. The timing couldn't be worse. Instead, Obama delivered the speech on politics and race that America needed to hear but no one dared to make. He manfully took the bull by the horns and criticized the pastor's speech as 'wrong and divisive' and said he had hurt and "offended black and white alike." He said the remarks "expressed a profoundly distorted view of America - a view that sees white racism as endemic, that elevates what is wrong with America above all that we know is right with America."

Obama instantly earned the respect and admiration of people for confronting such a flammable and delicate subject which no candidate dared touch but managed to manipulate and use against him. He both personified and challenged the conscience of America. He refused to disown Rev Wright and urged whites to accept the history of discrimination, fear and anger that prompted such feelings. "To simply wish it away, to condemn it without understanding its roots, only serves to widen the chasm of misunderstanding that exists between the races."

Demonstrating remarkable poise and balance, he also acknowledged the concerns of white Americans over black crime and reverse discrimination in favour of blacks (affirmative action), saying they were 'grounded in legitimate concerns'. Borrowing from Bill Cosby, he urged African-Americans to take responsibility for their own lives and stop blaming or depending on others for problems as the answer may lie in the "quintessentially American - and yes, conservative- notion of self help"

Obama has been able to capitalize on his DNA at a crucial time. Fathered by an African from Kenya and born to a white woman from Kansas, he cited the fact that his white grandmother as one who expressed open fear about black men when they passed her by on the street and freely used racial and ethnic stereotypes.

As I watched Obama's interview with Larry King on CNN, his simple answers had the hallmark of sincerity. The average American identifies with him because he speaks from the heart. He lacks the artificiality of the made-up and well-rehearsed Hilary. His 'flaws' have turned out to be his appeal. 'Big ears and a long face are no longer a turn off' one woman commented, in a country that's crazy for plastic surgery!  Make no mistake about it the dream of the pure white American born and bred president is in jeopardy.

By Anand Ramlogan 2008-03-30

One-eye man

There is so much that I wish to comment—the murder of innocent teenagers, spiralling gang-related violence, the death of babies at hospitals, the downturn in the economy, the success of Divali Nagar and the inequitable funding for Ramleela.

Every time I read the newspapers my head just spins faster. The untimely death of baby Marissa Ramlal, the destruction of poor farmer’s crops on the eve of Divali at Diamond Village and the low bail set by one unnamed magistrate in a drug trafficking case—it’s as if our society is in a daze or has just given up or is in a state of paralysis.

Wasted crops

Where is the public outrage over the murder of 14-year-old Kimberly Tiffanny Monderoy? Her life was snuffed out by a stray bullet fired by rival gang members at the Cuthbert Circular Road in Diego Martin.

How could a 19-year-old shoot a 15-year-old at point blank range in Laventille in joke while “playing” with a loaded illegal firearm?

How could the Estate Management Business Development Corporation so callously destroy full-grown crops of pumpkin, pineapples, dasheen and pommecythere the day before Divali, when the poor farmers in Diamond Village kept begging that they were just about to harvest their crops for sale to villagers for Divali? Was there no understanding or human compassion? Would two days have made a difference? Had they returned the day after Divali the crops would have been all but gone.

Does no one care for the hard labour of the poor who are simply trying to make an honest living without a gunning down or robbing someone? The farmers claimed they had been begging Caroni to sell them the lands to no avail. Lenora Alexander glumly said, “We were not given any notice about the demolishing of our food crops. “They came unexpectedly and started to destroy everything that everyone in the village have been working hard for over the past ten years and more.”

And what are we to make of the candid comment by Senior Magistrate Lucina Cardenas-Ragoonanan that she found the bail granted to Kyle Riley who was charged with trafficking ten kilos of cocaine too low? She is reported to have rhetorically questioned why a man accused of drug trafficking could be “allowed” to leave police custody in light of the serious nature and prevalence of the offence.

I wish to commend Mrs Ragoonanan for being so bold and brave. That she felt so strongly about the matter and wasn’t prepared to simply frown in silence or steups about it shows strength of character. There should be an investigation into this matter as the bail set was $25,000 and this is ridiculous.

What on earth prompted the Government to issue cheques for sums ranging from $500 to $1,200 to Ramleela groups across the country at a time of such unprecedented wealth? It was the lowest disbursement ever by any government. To make matters worse, the goodly minister in her speech actually stressed the need for accountability and demanded transparency from the lucky groups! The average Ramleela celebration costs $40,000 to $75,000 over nine nights. The money given could barely buy two cases of Chubby and ten aloo pies to feed the children who act and dance each night, but the minister wants accountability.

Pocket change

I hope a similar call is made when other groups are given financial assistance that make the Ramleela budget look like mere pocket change.

The avalanche of medical negligence cases has cascaded. I am appalled at the way the poor in our society are treated. Most cases will never see the light of day because only a small handful of doctors are willing to testify in court on behalf of victims and the Government refuses to establish an independent medical complaints council that can evaluate claims of medical negligence.

The medical profession must police itself and such an institution will strengthen the integrity of the profession as a whole. No government minister will dare seek medical institution at our public hospitals so tough luck to the rest of us.

Everyone, except the Government, sees the international economic crisis coming at us like a train in the distance with its headlights on.

AmCham director Hugh Howard was the last to join the growing chorus of public opinion, warning the Government that it cannot escape unscathed and urging pre-emptive measures including reduced spending now.

No one in the Government seems to be listening because one-eye man is king in blind man land and the PNM knows that the people that voted them into office are all blind to everything except race.

So why bother?

by Anand Ramlogan 2008-11-09

Out with the old, 'Yes' New PNM Faces.

The ringing endorsement from the party faithful at the PNM Special Convention for the promised winds of change that was about to blow through the windows of their precious Baliser House confirms PM Manning’s firm grasp on the horns of his party. Manning is large and in charge and in total control.

Whether we like to admit it or not, this is democracy at work. Manning is correct when he says that no individual is bigger than the party and that the PNM is a political brand with 50 years of reputation and goodwill. The party has its own internal infrastructure and mechanisms to deal with the selection of candidates. This is a matter for the PNM party. I’m not sure it is a matter of national concern.

Panday has, for years hand-picked his candidates despite the façade of a screening committee. He floated the idea of genuine internal democracy when he asked supporters to select an heir apparent in a copy cat of the US primaries. People chose from among Ramesh, Kamla and Carlos.

Ramesh won the coveted title of Deputy Political leader but was unceremoniously sidelined in favour of Kamla. Democratic choice is fine in political parties but only as long as the outcome coincides with the leader’s choice and taste. Dr Eric Williams was no different either, making MPs sign blanket resignation letters just in case they stepped out of line. The ‘not a damn dog bark’ concept of political leadership was very much a reality in the PNM under Williams who was king of his political kingdom.

I think the idea of using a party-commissioned poll to assist in the selection of candidates for a general election is a useful one. I do not agree with the protest that ministers have to run ministries and be part of cabinet so it is unfair to judge them on the basis of constituency representation. Apart from their $50,000 monthly remuneration package, all MPs receive over $10,000 per month for the purpose of maintaining a functioning constituency office and hiring staff to provide necessary support services in respect of official duties in his/her constituency. Many also hire additional persons under the guise of some obscure contracted position in their Ministry to assist them in the performance of their constituency duties.

Given the resources available to government ministers it should not be that difficult for them to set up an efficient constituency office manned by competent staff. The fact is, many Ministers (PNM/UNC/NAR) ignore their constituency offices because they are too busy enjoying the nice life and realize that they have no use for the peasants that voted them into office until the next general election. What’s worse, they know that the people didn’t actually vote for them, but their party and will do so again come what may.

Constituency politics is such that MPs create a small personal local army which operates from the constituency office; they dominate and control the allocation of resources made available by their MP such as jobs, houses, small contracts etc. The army comprises the local government representatives and the small handful of trusted lieutenants who demonstrate with placards when the MP is under threat. In truth, this army is more concerned about their personal loss than any larger political loss because, as Manning quite rightly observed, it is the PNM brand that they will vote for come election day.

Although I have concerns about the methodology, and I agree that Manning might be using the poll as a ruse to get rid of some MPs, the harsh political reality of our racial tribal voting culture is that this is his prerogative and he will exercise it whether we like it or not. He must have gotten feedback from his ground troops about the performance of his MPs. His statement that the PNM must reject politicians seeking “personal aggrandizement or self advancement” or “fame, power and fortune” is not one that should be taken lightly.

In my view, nothing much will come of this hullabaloo and the PNM will benefit from fresh faces. For far too long we have been saddled with career politicians, some of whom seem to be in politics because they have become engaged to the nice lifestyle and have no alternative profession to fall back on. (One might argue that both Manning and Panday fall into this category as well). If the COP and UNC did such a poll perhaps they will get rid of some of the dead-weight so that we can have some change all around! Should there be a limit on the number of years one can be an MP?

By Anand Ramlogan 2007-09-08

PNM Above the Law?

"The essence of the agreement between the Prime Minister and Mr Abu Bakr, on behalf of the Jamaat, was that certain advantages would be given to the Jamaat out of State property, in return for securing voting support for the Prime Minister’s political party. In the opinion of the board, this was corrupt within the meaning and intendment of section 3, and each party to the agreement was acting in contravention of the section... The whole purpose of this agreement was to obtain electoral advantage for one political party, the PNM, by means of using State property, and as such, it was clearly illegal.” — Privy Council, in the recent appeal in Appeal No 30 of 2008 between Yasin Abu Bakr v The Attorney General of Trinidad and Tobago [bottom of p9]. In any genuine, functioning, democratic society, the foregoing statement from the highest court would have prompted a police investigation without the intervention of the DPP or Justice Narine. Instead, we have the remarkable situation where the acting DPP, quite rightly, referred the matter to the acting Commissioner of Police, who simply ignored the implied directive to investigate.

Mr Philbert has done his office and himself a great disservice. To “play dumb and deaf,” in response to such a serious matter, by flippantly claiming that he had not “seen or received” Ms Antoine’s letter, is to render himself unfit for the office of Police Commissioner. It is inherently incredible that such a letter would have been sent by the DPP, and not be immediately placed on his desk. Any officer so stupid as to not recognise the urgency of such a letter and place it before the Commissioner should be fired forthwith. But alas, this is not the first time Mr Philbert has come across as if he is prostrating himself before the PNM, ready to join the PM’s so-called national band (with a few colours from the national rainbow missing), “Divine Echoes,” to sing for his supper. Mr Philbert turned a blind eye to the illegal political rally hosted by the PNM in Woodford Square whilst Parliament debated a motion of no confidence in the PM. That matter was before the Integrity Commission, and will probably reach nowhere, because the Government (via the President) refuses to appoint a new commission.

AG Jeremie’s statement in Parliament, in defence of his political leader, was nothing short of a frontal assault on the judiciary. Justice Narine would have been in serious dereliction of duty if he did not refer this matter to the police. The Privy Council dropped a conspicuous hint that any fool could appreciate. Our gun-shy and politically-correct Court of Appeal seemed quite content to bury its head in the sand and simply let the matter pass, without comment, but the Privy Council was prepared to call a spade a spade. It upheld the decision of the Court of Appeal, but said enough to point us in the right direction. It is easy to mistake judicial conservatism for political bias or genuflection, but in my experience, our judiciary is independent, but far too reticent. In short, CJ Archie is no more of a PNM Chief Justice than Justice Narine a UNC.

To assert that because the matter was deemed “scandalous and irrelevant” to the issue that was before the court means that it was not worthy of investigation is absurd.

The evidence was not rejected because it was lacking in credibility; it was not allowed because it was irrelevant to the issue the court had to determine. It was not “rejected” in the sense that it was considered untrue. It was not admitted into evidence, and hence could not have been rejected consequent upon judicial inquiry. This is not the first time the PNM has attacked the judiciary. When Justice Amrika Tiwary ruled against PM Manning in favour of foreign officer Feroza Ramjohn, Ken Valley said, in Parliament, that she was “a UNC judge.” After the Court of Appeal ruled in favour of Ganga Persad-Kissoon and Feroza Ramjohn, recently, the PM reacted by condemning the service commissions and threatening to abolish them. The Maha Sabha radio licence case led to two complaints before the Integrity Commission which have been investigated and found to be meritorious.

All that’s left to be done is for a new commission to be appointed to decide whether the matter should be referred to the DPP for criminal charges to be laid. Faced with this predicament, the Government has simply refused to appoint the commission, and after public pressure mounted, claimed it wanted to abolish it altogether. Mr Manning boasts about the PNM’s commitment to transparency and good government. This is part of Vision 2020. Transparency, however, means that Mr Manning will not put himself above the law when we have a PNM Commissioner of Police, a PNM DPP and a PNM judiciary. Very soon, his wishes may come true.

By Anand Ramlogan

Site Admin Note: Privy Council Judgment in case of  Bakr v AG of Trinidad & Tobago

PNM Gladiator

Minister Colm Imbert is responsible for three projects that have eased the strain on many citizens. I refer to the interchange, the water taxis and the much-improved Tobago ferry service. The traffic gridlock was the cause of much stress and anxiety. Now, the situation on evenings heading out of Port-of-Spain has noticeably eased up with a saving of at least 20-30 minutes in travel time. The relief has added a few years to the lives of people who were forced to endure the nightmare of endless bumper-to-bumper traffic.

This week, after many good reports from friends about the excellent water taxi service, I decided to try it out. I was surprised and impressed by the polite and courteous staff (with the exception of one security guard) and the high level of professionalism of the staff. The waiting terminal in San Fernando is clean and comfortable. The chairs are high quality and the ambience is calm and scenic. The toilets were clean.  Trinis are not accustomed to queuing and I was pleasantly surprised by the organised manner in which customers are seated one after the other in sections, on a first-come, first-serve basis. The vessel was clean and comfortable and the journey was smooth and quick (45 minutes).

There are some fantastic sights and the arrival at the Waterfront makes you feel as if you’re in a different country. For the first time, I felt proud of PM Manning’s vision and his Waterfront Project. The tall, imposing buildings, the magnificent fountain, the Hyatt and the local indigenous signature Femmes du Chalet, formerly the Breakfast Shed, came together in a wonderful mosaic. As I walked off the water taxi and into Femmes du Chalet, I couldn’t help but sample some good creole food. I have been patronising the Breakfast Shed since I started working and was not happy that the old shed was going to be destroyed. There was something special about it. I miss the long benches and constant chatter but the new facility has grown on me. Modernity has won, but in a good way. The toilets could however do with some work.  

But back to the indefatigable Colm Imbert. It is rare to see a minister trading punches and personally defending his ministry. Many ridicule him for taking time that could be better spent, replying to critics via letters to the editor but I commend him for doing this. It shows that he is listening to what the public is saying and is prepared to explain and defend his conduct and decisions. While his colleagues shy away, he is the political gladiator of the PNM in and out of parliament. He is not afraid to face the music, as was illustrated by his readiness to testify before the Uff Commission. 

The goodly minister was on the Internet edition of the Guardian well after midnight, responding to the controversy created by Devant Maharaj’s Indo-Trinbago Equality Council (ITEC) over the use of trucks and other vehicles from Imbert’s ministry during the Emancipation Day celebrations. He denied ever receiving any request for similar assistance from Indian or Hindu groups and said there was no issue of discrimination. In a pointed and convincing response to one e-mail, he said: “There is no need to be insulting. That achieves nothing. You guys need to understand that quite a lot of what is published in the newspapers is inaccurate and designed to provoke controversy. In this particular case, the allegations make no sense, since if Sat Maharaj or Devant Maharaj had asked me for assistance with any of their cultural events, I would have responded positively, within reason, and they both know that.” 

Apart from this, Colm has no qualms over picking up the phone and calling someone if he feels the need to chat things through. I myself have not escaped unscathed, as he has called me on a few occasions to convey his position on certain matters. He was able to immediately defuse the crisis over the use of a Christian priest alone to bless new buses purchased by the state for the Summit by calling Maharaj and explaining that he had no knowledge about the matter (it was PTSC) and that he acknowledged the point.

As if to confirm his stance, the inter-religious representation at the opening of the interchange was elaborate and conspicuous. Time management is critical; it is a challenge for all leaders and professionals. Minister Imbert deserves full credit for his tireless efforts and personal sacrifice. Whatever his shortcomings, no pun intended, he has distinguished himself as one of the best ministers in this administration. Given the level of mediocrity, he stands head and shoulders above the rest!

By Anand Ramlogan

PSC on the run

The Public Service Commission (PSC) resorted to paid advertisements, last week, to refute the allegations of racial imbalance and discrimination in the higher levels of the public service. The ad is mischievous and misleading. This expenditure could fund a study to determine why Indo-Trini public servants cannot seem to progress beyond a certain level in the service.

The PSC has gone on the defensive, instead of pro-actively confronting the distasteful reality that discrimination is occurring under its nose and watch. The dilemma, of course, is how does the PSC admit that it has been facilitating and supporting an entrenched bias without admitting failure and incompetence. I prefer to focus on the institutional failure and incompetence of the PSC, because I cannot believe that there was/is a racial conspiracy against Indian public servants which is part of the policy/agenda of the PSC.

Indeed, Indians Kenneth Lalla, SC, and Michael Mahabir were chairman and director, respectively, of the PSC when I started doing cases of discrimination, and they defended and perpetuated the status quo with equal zest and fervour. Thus, prison officer Dougnath Rajkumar was never promoted since he joined the service more than 30 years ago, despite the fact that he was appointed to act for over 14 years as a prisons officer II, and no staff reports had been prepared for over 15 years.

Bypassed for promotion

Similarly, the man who could have risen to be the first Indo-Trini Commissioner of Prisons, Khimraj Bissessar, was discriminated by being constantly bypassed for promotion in the senior levels of the prisons service under Lalla’s chairmanship. He was bypassed because the PSC unquestioningly rubber-stamped the recommendations of the Prisons Commissioner.

The then-director, Ms Jean Roseman, conceded in court that Bissessar was, in fact, treated unfairly, and this led to a landmark judgment in his favour.
Before going to court, both Rajkumar and Bissessar had written several letters complaining about the injustice inflicted upon them, and begged Lalla to intervene. Haridath Maharaj was bypassed for promotion to the office of Transport Commissioner in favour of Ruben Cato, despite the fact that he has been acting in that office for almost four years without complaint.

It is untrue to suggest that his qualification consists of only two O-Levels. Mr Maharaj, like so many other public officers, pursed numerous courses in the public service which were designed to qualify transport officers for promotion in that division. Mr Maharaj successfully completed numerous courses, and was elevated through the ranks until he became eligible for the post of Transport Commissioner.

Assuming that the PSC was correct about Maharaj’s lack of qualifications, however, it is a serious indictment on the commission that they would have appointed Maharaj to act as the nation’s Transport Commissioner for over three years (during which time he received excellent staff reports) in the first place. Is the PSC in the habit of appointing unqualified people to act in senior offices for such a prolonged period? And if Mr Cato was so better-qualified, why did the commission not appoint him to act, instead of Mr Maharaj, in the first place.

With respect to the PSC’s boast about Mr Cato’s degree, Mr Cato was allowed to pursue a three-year degree at the UWI as a full-time student despite the fact that he never obtained the necessary approval for study leave. He therefore continued to draw his salary as a public officer even though he was, in fact, pursuing his degree as a full-time student at the UWI. This is a violation of the Civil Service Regulations that ought to have led to disciplinary action. Mr Cato was instead rewarded with a promotion. Are Indian public officers (who complain about discrimination in the selective granting of study leave) equally entitled to pursue full-time degrees at the UWI without the approvals for study leave whilst they continue to receive their salary without threat of disciplinary action?

Publish statistics

With respect to the PSC’s claim that there is no discrimination against Indian officers rising to the senior levels in the public service, publish statistics regarding the ethnic composition of the hierarchy in the public service from the level of chief technical officer and head of department upwards, so that the population can judge for itself whether there is an ethnic imbalance.

And assuming that Maharaj was not suitably-qualified, I ask, what about the cases of Devant Maharaj, Feroza Ramjohn and Ganga-Persad Kissoon, where they were all recommended for higher office because they were the most qualified and experienced candidates and had, in fact, topped the relevant promotion interviews but were unceremoniously bypassed in favour of non-Indian public servants?

The PSC should take a leaf out of President Richards’ book (who immediately invited the Indo-Trinbago Equality Council (ITEC) to a meeting at his residence) and invited ITEC to meet to have constructive and meaningful dialogue instead of wasting public servants’ tax money on useless advertisements. This money could be better utilised to publish apologies at our long overdue meeting.

By Anand Ramlogan

Painting house in rainy season

Emile Elias struck a raw nerve and put the Government on the back foot, when he said the cost of hosting the summit had crossed the $1billion mark, and was probably well over $1.2 billion by now. He confirmed what many of us had been suspecting and questioning, in light of the Government’s conspicuous omission regarding the cost of this elaborate international adventure.

Mr Elias’ analysis exposed the carefully designed interlocking machinery and architecture of the Government. A spider web of special multi-purpose companies, state enterprises, statutory corporations and other state entities are tributaries with financial pipelines connected to the treasury to facilitate the massive, vulgar and obscene expenditure taking place. Money is literally flowing like water (quite unlike the stagnant, filthy waters in the overflowing drains in the Beetham) that the berm seeks to conceal.

Mr Manning is fond of referring to himself in the third person and speaks of “the Prime Minister,” as if he is referring to someone else. This simple and amusing quirk characterises much of the Government’s strategic planning for the state sector. It is not the Government that’s spending all this money, it’s someone else! Special multi-purpose companies are no more than artificial parallel ministries that are not subject to the usual checks and balances. Like Udecott, some of them seem to have signed blank cheques from the PM to do as they please.

Clever manoeuvre

The rules, regulations and laws that were enacted by Parliament, since independence, to protect the public interest and restrict political corruption, do not govern these companies. Instead, they are treated like normal private companies governed by the ordinary principles of law. This obscures the fact that the Government is the sole shareholder and owner, spending public money.

A major benefit of this clever manoeuvre is the avoidance of the independent service commissions constitutionally charged with the responsibility for hiring, promoting, transferring and disciplining workers in the public service. These companies can hire party hacks and faithful directly.
These state agencies and companies are mere puppets who dance to the pull of the invisible puppet master’s string. Mr Manning is the ultimate puppet master.

The picture with the PM and President toasting and laughing with Calder Hart, who is the subject of a commission of inquiry, supposedly independently appointed by the President at the behest of the Prime Minister, was worth a thousand words. Mr Manning’s fulsome praise for Calder Hart was a strong signal to the Uff Commission that it had better watch what it says about Hart in its final report.

The spider web is visible, but the spider remains invisible to most. Mr Manning is probably directly responsible for the Udecott fiasco, but will never share the blame, because Calder Hart and Udecott would be the scapegoats. Mr Elias was correct in his analysis when he asserted that the bulk of expenditure for the summit was being indirectly channelled through state agencies and bodies that are kept at arm’s length from the Cabinet, which, at the end of the day, is sanctioning and driving the expensive cosmetic facial for our capital city.

Needs downsizing

The raw reality is not that easy to change, however, and the sudden resurfacing of the person with responsibility for national security, who remains underground while ordinary citizens try to cope with the daily grief of their murdered, kidnapped and raped sons and daughters, will not be forgiven for his incompetent handling of the crime situation. He, too runs his ministry via remote control, using the pliable acting Commissioner of Police as his scapegoat.

Former Prime Minister ANR Robinson, in a memorable contribution in Parliament during the NAR administration, condemned the profligate and obscene spending patterns of the PNM. The world is in the midst of a terrible economic recession, and every nation is tightening its belt. The prime minister of Jamaica recently forced three of his Cabinet ministers to resign, and took a pay cut of 15 per cent to lead by example, because he is about to deliver one of the toughest budgets in Jamaican history. Mr Manning’s bloated Cabinet is also in dire need of downsizing.

We are a small nation with finite, non-renewable resources. We have had the experience of an economic boom and recession. Spending in excess of $1 billion for a facial that will last a few months and do nothing to change the ugly reality of rising unemployment, imminent retrenchment, terrifying crime and rising cost of living, is ridiculous and irresponsible. It is like a family frittering away its savings during the rainy season on painting over its house, when the roof and posts need changing.

Panday fiddles while T&T burns

The call for Panday to hand over the reins of leadership to Kamla Persad-Bissessar, at the UNC’s meeting of delegates, underscores the weakening grip he has on the Indo-Trini base. A few years ago, this would be virtually unthinkable. Such a robust internal challenge from a mere party delegate to the leader is a sign of the times. Things have changed a lot since the heydays of PM Panday. People are suffering, and this is bound to change old loyalties. Frustration led to the initial defeat of the PNM in 1986. Many PNM supporters registered their disaffection by abstaining. Others voted for a new party. The political climate is right for a similar avalanche. Dr Rowley is a powerhouse that should not be underestimated, and he has taken the moral high ground with popular support.

Scandalous corruption and wastage are features of PNM-styled governance that have returned to haunt them. The Udecott inquiry would be laughable, if it wasn’t so costly and the spending so exorbitant and vulgar. The main obstacle to unity remains the intransigence of Basdeo Panday to relinquish leadership of the UNC. He continues to fiddle while Rome burns, holding on to a dwindling base in circumstances where it is clear that the political equation requires change. He is a mentor and hero to his people, and is responsible for much of their successful struggle against political discrimination, but is simply unelectable, because he lacks the credibility and moral authority. The raw reality of crime and PNM squandermania is causing many to re-evaluate his leadership.

Many hardcore supporters are wondering how a man who spent 40 years struggling for political power could have thrown it all away so easily. One such individual is the doubles man at the airport. He complained that he was robbed twice in the last month by a gang. He wakes up at 2 am to prepare his doubles, with the hope of catching local passengers bound for North America and the UK, as doubles are an excellent gift appreciated by any and all overseas Trinis. (Trust me, it’s a great last-minute gift to take!) The bandits struck on the days when these flights were full, and made off with ample cash. His sadness was punctuated by one haunting statement: “Why Panday put we out here in de dark on de side? Imagine, ah pizza company selling roti in de inside!” The pressure and frustration seemed obvious.

It was just too much for him to bear. His beloved hero Panday had built an airport that made no provision to accommodate local small vendors. Instead, big businessmen were accommodated. People who want doubles must walk all the way down to the end of the airport and take a left. The centrepiece of the UNC’s achievements and its loyal disciples were left out of the design in favour of the vilified “parasitic oligarchy.” Thanks to the UNC, the parasitic oligarchy was now selling roti and talkari in air-conditioned comfort, while poor doubles vendors were battling in the rain on the outside of the building. The airport security doesn’t seem to care about these poor vendors, as they are being robbed at will, and no one has been arrested to date.

If we don’t have CCTV cameras at the airport to catch these thieves, then the UNC’s security consultants who helped design this building should be fired, along with Martin Joseph, for failing to rectify the problem! The plight of the doubles vendors at the airport epitomises the failing of Panday, who failed to devote any or any sufficient attention to the needs of his people when he was in government. He should have had the vision and foresight to build houses for his supporters and voter-pad, like the PNM, to ensure his political survival. He should have groomed a successor to prevent the kind of disintegration that is presently occurring. And most importantly, he shouldn’t have left his people out in the cold to sell the very doubles that gave him his political sustenance, in favour of the parasitic oligarchy that he so frequently condemned for being in bed with the PNM, to the detriment of the Indo-Trini population.

Pizza, roti, anyone?

By Anand Ramlogan

Pangs of political guilt

Recent statements made by prominent PNM officials show pangs of political guilt over the sad state of its “natural constituency” (to borrow Danny Montano’s expression).

Dr Keith Rowley chastised his colleagues for not owning up to what was, in truth and fact, an official policy of the Government in the form of the infamous “Afros First” affirmative action plan for student admissions at COSTAAT. In the Senate, Minister Dr Emily Gaynor Dick-Ford said the Government needed to do more for “our young African males.”

Contributing to the private motion brought by the Opposition calling upon the Government to operationalise the Equal Opportunities Commission, she said: "The need to focus on the needs of some of our young African males is a real need. Regardless of how it is framed for it to make it seem discriminatory to any other group, we cannot deny this is a vulnerable group in the current painful crime rate."

For the record, I actually agree with her.

Almost immediately, people were calling in on radio talk shows to justify the need for affirmative action, blaming the UNC, the Church, Sat Maharaj and “Indian teachers” for the plight of black youths.

I am tired of hearing PNM supporters blame everything and everyone, except the Government and their beloved ruling party, for the present predicament.

We must remember the words of former Police Commissioner Hilton Guy, who called for personal responsibility:

“When you have parents praising their unemployed children who wearing $2,000 sneakers and everything they’re wearing is a ‘brand name’ and they come home in the night with a bag of goodies, the children you are growing here, you are not only sowing the seeds, but fertilising the criminal. Stop blaming others!” 

“African youths were overachieving in the jails and underachieving in the classrooms” (to use Dr Rowley’s words), not because of political neglect by the UNC and NAR governments. And black leaders have a duty to stop making excuses and offering baseless explanations.

The man I support for the next President of the USA, Barack Obama, faced a severe backlash from the African-American community, because Rev Jesse Jackson (who didn’t realise his mic was still on), criticised Barack for “talking down to black people.” What Barack has done is to call for the black community to take some ownership and responsibility for its actions.

The PNM has ruled this country for over 40 years. It must take some blame for the present situation. Are we supposed to ignore the reality of the slums and shanty towns it created, and pretend to imagine the great city of Laventille that it built?

OK, then, here goes…Who could forget the powerful social and economic strides Laventille made under the PNM? Those were the wonderful days of free handouts, NHA housing and unemployment relief via Dewd and Lid. The people were gainfully employed and well educated. Under the PNM, these fortunate citizens comprised the upper middle class, with no need to scrounge for a living.

Should your car stall along the Beetham Highway, you could have simply left it on the shoulder, go home to a comfortable night’s sleep and return the next morning with your mechanic. This was Laventille under the good ole days of the PNM.

The UNC, in its short six years in power, destroyed Laventille. Overnight, this well-educated, gainfully-employed, crime-free community was transformed into a hell-hole. It quickly became a breeding ground for restless young criminals.

They promptly resigned their well-paying jobs and decided to use their life’s savings to buy Reeboks and Nikes, expensive jeans, gold for their front teeth—and guns.

After 30 years of living a decent life under the PNM, they inexplicably turned to a life of crime. Local sociologists concluded these youth could not bear to live under a UNC government.

And so it came to pass. Instead of sending Sadiq Baksh with tractors to clean the clogged, filthy drains and install street lights, Panday encouraged Indians to fight Afro-Trinidadians for their jobs. They took over the public service and state enterprises. Panday built high-rise NHA apartment buildings and gave them to poor Indian families who had suffered 30 years of PNM neglect.

They invaded Laventille and took over the businesses. They infiltrated the steel band movement and built soup kitchens. They started robbing people whose cars stalled along the Beetham Highway.

Afro-Trinidadians are victims of our political culture, where politicians use people for votes and then forget about them until the next election.

The political paternity test shows that the Laventille of today is a PNM creation. It’s high time it takes responsibility for the mess that it has made in our backyard.

Pearly and Bunty's Son

Brian Lara and I have quite a lot in common. Apart from the obvious fact that he copied my batting technique and style, we both come from large families and know how to party.

The tenth of 11 children, Lara’s achievements with the bat have overshadowed the charismatic and caring nature of his personality. Although it is difficult to resist the temptation to delve into the dazzling Lara batting statistics, it’s about time we focus the spotlight on the man, as opposed to the batsman.

I was happy to receive an invitation from Lara to ring in the new year at his home. Having already made plans, I almost declined the invitation. Having considered the predicament for a full three seconds, I realised it would be bordering on the sinful for me to deprive Lara of the chance to meet an unheralded and unsung batting hero like myself, and hence decided to attend.

It was the mother of all Old Year’s Night parties. Set against the backdrop of the imposing Lara mansion on the hill, guests were greeted by the awesome sight of four tall palm trees wrapped in Christmas lights.

Each guest was personally welcomed by Lara. It was a small and intimate gathering. Event manager Lisa Ghany outdid herself this time by creating a trendy but glitzy ambience, highlighted by iridescent blue and silver table cloths and matching overhead lamps complemented by stunning centrepieces on each table.

Strangers immediately turned into friends over fine food and drink.

Valene Maharaj and her regional competition all looked good, but the star of the night for me was the simply-dressed petite Tisha from Lopinot who, with her winning smile and sexy dance moves, naturally charmed her way into Brian’s heart.

While I stalked his ex, the beautiful Leasel Rovedas, I regretted not upgrading my cricketing career beyond wind ball and coconut bat.

Highlight of the night was a short speech by Lara that gave a rare personal glimpse of the real man. Up close and personal, Lara was the son every mother and father dreamt of.

In an interview in The Independent newspaper in London, Lara explained that he had agreed to endorse an exhibition of his achievements at Lord’s for two reasons. Celebrating his achievements was the second. The first was to make people aware of the foundation set up in memory of his parents, the Pearl and Bunty Lara Foundation.

“The foundation is in my parents’ name,” he explained. “It is about six years old and it is fuelled by the characteristics of my parents.

“My dad was outstanding with myself and my brothers and sisters. There were 11 of us and he had to provide for us all.

“My mother was less enthusiastic about cricket; she was more into caring. She was known as one of the mothers of the village I grew up in. She would invite any young kid into our house for food or anything she could offer.

“They were tremendous in our upbringing. It is just something we want to do to maintain their legacy.

“Over the years we have reached out to quite a few people. We have given money to cancer societies in Trinidad and to homes for the underprivileged.”

Lara has managed to retain a sense of defining humility and “down-to-earthness” that makes him easy to like. He is at ease by the corn soup vendor as he is receiving a doctorate from the Universities of Sheffield and Exeter.

He has quietly helped many sick children without publicity and his speech on the foundation and his appeal for more corporate sponsorship was sincere.

The work of the foundation is much-needed and has brought relief to many grateful parents and children in our society. Lara’s love for his parents, daughter and charity makes him the best role model for our youth who can only think about guns and violence.

Sponsors have come in all shapes, sizes and nationalities, as the legendary Lara has fan clubs all over the cricketing world. It is only a matter of time before the foundation establishes itself as a premier international charity headed by an international sporting icon.

Corporate sponsors should, therefore, get on board early and capitalise on supporting this worthy venture.

The spectacular fireworks display was not the highlight of the night for me; it was the sight of Lara dancing the night away in the arms of his beloved eight-year-old girl Sydney (so named as a tribute to Lara’s favourite ground, the Sydney Cricket Ground) in blissful oblivion.

She is a daddy’s girl and knows how to make him forget the world and experience the universe.

Proud Pearl and Bunty must smile, Brian, at your efforts to preserve their legacy.

By Anand Ramlogan 2008-01-06

Plotting against Panday

The Panday rollercoaster continues to provide the most amazing and exciting political ride in the PNM’s amusement park. His victory in the Court of Appeal is the climax of one of the most sinister political plots in the history of Caribbean politics.

Panday sharpened his political axe at a time when most thought it was rusty beyond repair, and exposed an incredible conspiracy involving the highest offices in the nation, designed to eradicate him from the politics and ensure that he is treated by historians as nothing more than a pathetic criminal. Imagine the AG meeting with the Chief Magistrate, during the course of Panday’s trial, to offer advice on the thorny issue of the latter’s involvement in a lucrative real estate deal. The AG indicates that he will conduct an investigation (pursuant to non-existent powers), but states that he will refrain from doing so until after Mc Nicolls delivers his ruling. He then contacts a powerful PNM financier, who manages to negotiate a successful cancellation of the purchase of Mc Nicolls’ property. In the end, had the plan worked, it would have been as if this property transaction was never entered into, and the paper trail would have simply vanished into thin air.

Political Face Value

PM Manning’s attitude towards crime has always been one of casual indifference. His flippancy is manifested in public statements that constantly seek to downplay the true state of social decadence and the chaotic breakdown in law and order. As head of the government, his attitude will inform the priority and policy of his administration towards crime.

So, to all those who keep asking ‘why isn’t the government doing more to solve the crime problem?’, I say take him at face value: he simply doesn’t care because his head is either so far up in the clouds or up a certain part of his anatomy, that the poor chap just cannot see the daily suffering on the ground. The frustrating search for a rational answer to this question may very well lie in Professor Selwyn Ryan’s suggestion that Manning is suffering from some form of mental or psychiatric disorder that afflicts those intoxicated with power beyond redemption called the hubris syndrome.

According to Ryan, the symptoms of hubris syndrome include “a narcissistic propensity to see one's world primarily as an arena in which to exercise power and seek glory; a disproportionate concern with image and presentation; a messianic manner; excessive confidence in one's own judgement and resultant contempt for advice; exaggerated self-belief; the belief that one is accountable solely to history or God; and loss of contact with reality.”

Ryan’s conclusion that we have empowered a hubristic leader and that now, ‘absent mindedly, we are slouching towards dictatorship, even if the symptoms are of the soft and benign variety’ is a damning indictment on Manning.

The attempt to create a parallel political union outside Caricom, the hosting of international conferences, globe trotting to meet world leaders, the construction of the emperor’s palace and the modern kingdom of imitation sky scrapers that remain empty are all manifestations of Manning’s ill-fated hubristic tendencies.

How else can you describe a leader who constantly addresses his grand visions that have nothing to do with the source of the fire that is consuming Rome? Crime is a worse pandemic worse than swine flu because there is no treatment for it and it is killing more people. Camille Danielle is murdered in front of a police station in her quest for refuse. A whole generation of children is now fatherless because of greedy, lazy young men who want easy money to buy gold chain, sneakers, clothes and concert tickets.

When our children were being kidnapped and raped, PM Manning said they were bogus and suggested that the UNC was behind them because they wanted to make the government look bad. When people were being bombed outside Smokey’s N Bunty’s Manning said he knew who “Mr Big” was and hinted that he will be arrested soon. When public executions started and people were being shot and killed outside Movietowne, Manning said it was simply “collateral damage”.

And now, as if to add salt into the wounds of our national conscience unremembered dead children such as Vijay Persad, Sean Luke, Radha Pixie Lakhan, Amy Annamunthodo and Akeil Chambers have inflicted,  Manning tells his sycophantic flowing that the public outrage and sympathy for little Tecia Henry is misplaced. "Don't take it at face value," Manning told PNM supporters at the party convention. Not a hint of sympathy or concern.

With confounding and unbelievable arrogance he hinted that the Government had inside information he could not disclose. "I wish I could share the facts," he said, "but that is not for me to say." What part of the bible does Mr Manning read that could justify the callous murder of a ten-year old girl with a smile that could melt the heart of any enemy?In full political flight, our emperor boasted about the economic assistance he will dole out to hand picked Caricom neighbours so that he could expand his empire by creating new dominions. (Who do you think will be the king of the proposed union?) The economic hardship facing our people will intensify in 2010. Ordinary Trinbagonians are struggling to make ends meet. Instead of helping his own, Manning intends to pursue his grand egotistical political ambitions. Charity, it seems it will not begin at home.

The scare tactic of suggesting that there will be an influx of people from these islands in times of economic hardship is ridiculous. Whatever happened to the effective immigration policies and policing of our borders?

Is this a plan to permanently dilute the local Indian vote? Barbados has been kicking out hard-working Indians from Guyana because of pure racism and the self-appointed Godfather of Caricom, Manning has not said a word about this. Right here in T&T, there has been a silent, unwritten immigration policy to the same effect. I wonder why? Take nothing Manning says at face value.

By Anand Ramlogan

Political Godfather

The bombshell from UNC Chief Whip Jack Warner that there is a church being built in the Heights of Guanapo, in Arima, with the active support and involvement of PM Manning, ought not to have exploded, but it has. Manning’s inept handling of the issue has opened up a can of worms that has served to expose the sycophantic relationship that exists in Cabinet.Our calypsonians must be gleefully working on next year’s compositions already. PNM party chairman Conrad Enill said there was nothing wrong in some obscure—and as yet unknown entity—hiring Shanghai Construction Co, brought here by the state, as part of a government-to-government arrangement, on a private project. Who applied for the extension of these workers’ work permits? What was the reason given?

Who approved it? Has OSHA been informed, so that the workers are not exploited? Mr Enill cited no examples to support his idle boast that it was not uncommon for Asian companies to stay on in Trinidad and use it as its headquarters for Latin America, but there are dozens of Chinese restaurants that have sprung up in every nook and cranny of T&T with “construction workers” whose work permits authorise them to remain and work here on specific government projects.

Skyscrapers remain empty
I don’t see any new corporate headquarters for these companies, and the waterfront skyscrapers remain empty. The dusty road leading to the construction site has suddenly been paved at a cost of over $3 million. Construction continues apace, despite the lack of approvals. The church was conceptualised in 2005, and orders were allegedly given to Calder Hart’s Udecott to “execute design and engineering” by the Prime Minister himself. Udecott has denied this. It seems as if Manning is the political godfather of this new church, and who vex, vex! Manning’s personal visits were, no doubt, meant to create a powerful shield over this project by personal association. Eyebrows rose when Manning established the short-lived Ministry of Ecclesiastical Affairs.

The PM’s band, Divine Echoes, receives some millions in grants annually, currently exceeding a total of $10m. This band is, in substance and effect, an Afro-Christian band. What if other PMs follow suit? Manning’s mishandling of this issue has the potential to upset the delicate balance that has been struck between the State and the Church since independence. The discrimination suffered by the Maha Sabha in the radio licence case is not something that should be forgotten, as the Privy Council criticised the Government for twice misleading the courts, in an attempt to conceal the discrimination. There is a rumour that the government is indirectly supporting construction of this church, via donations from state enterprises.

I would have dismissed this, but only last week Senator Wade Mark criticised state-owned Petrotrin for its religious donations. He cited Petrotrin’s generous donations of $1.3 million to St Peter’s RC and Anglican Churches and annual donations of up to $500,000 to the Small Enterprise and Business Association (SEBA). Has Petrotrin ever made such a substantial donation to any other religious group?

While Mr Manning’s office has released a statement denying that he owns the church, no information has been given about his involvement. Ownership of the church was not even questioned. This is worrying. The Rev Juliana Pena has been exposed as the PM’s “see-er-woman,”

Diplomatic courtesies?
She is accorded diplomatic courtesies and travels at taxpayers’ expense with the Prime Minister. The Zimbabwe Herald, dated July 22, 2005, stated: “President Mugabe yesterday met a special envoy of the Prime Minister of Trinidad and Tobago, PM Patrick Manning, at State House. “Speaking after the meeting, Rev Juliana Pena, of the Lighthouse of the Lord Jesus Church, said she had come to Zimbabwe to share with the President a vision that she had received from God, in which he revealed his desire to see change in Africa.” Does the good Reverend advise the PM on matters of State? What matters of decision-making are delegated to her? What are her qualifications to do this? What is the extent of her advice?

How much influence has she on the Prime Minister? It really makes no sense to ask these legitimate questions, though. Housing Minister Dr Emily Gaynor Dick-Forde personified and embodied the attitude of the Government when she said: “No. Well, I do not even know what the controversy is. I do not know what the controversy is. Ent the Prime Minister has said that he is a Christian? What is the problem?”

Nuff said; just shut up and let the man build his church with our money.

By Anand Ramlogan

President above the law?

The issuing of an ultimatum to the President of our country by a lawyer from my law chambers was the source of some consternation and controversy. The President deemed the letter “disrespectful in the extreme,” but did not say why. The headline in the Guardian on June 23 read “President slaps down UNC 36-hour ultimatum.”

The President made no specific comment about the short deadline given for a response, so this headline was somewhat misleading. In any event, the idea that an attorney dared question the actions of the President at all prompted the usual partisan reactions.

PNM supporters were out in full force to condemn the attorney, whilst Opposition supporters commended the brave stance and gumption. Threatening the head of state with legal action is somewhat unprecedented, but there are several misconceptions that should be clarified. The proposed legal action was aimed at the advice tendered by the Prime Minister to the President, as this is what triggered the decision to suspend the CJ.

There is nothing novel about this, as decisions of the PM are subject to judicial review.

The shortness of the deadline is bold, but not wrong. The new court rules of procedure mandate claimants to write a pre-trial legal letter to forewarn the other side that legal action is going to be filed unless the matter is resolved. These letters must contain a deadline that is flexible and can be adjusted according to the importance and urgency of the issue.

There could hardly be a more urgent matter than a challenge to the suspension of the nation’s CJ, hence the 36-hour deadline was justified and warranted in circumstances where more that one month had elapsed since the appointment of the impeachment tribunal, with no word as to when the actual inquiry would commence.

It is worth noting that after this letter was publicised, steps were taken towards “operationalising” the tribunal. Counsel has been appointed to the tribunal and the President has responded to the several queries made by writing the CJ’s lawyers.

There can be no doubt that the prominence given to Ms Bhagwandeen’s letter was a catalyst to these developments. It raised national awareness about the artificiality and illegality of the CJ’s suspension in the absence of any intention or moves to operationalise the tribunal, and forced the foot of the State to mash the accelerator pedal down hard.

The idea that the President is above the law, and hence his actions should not be challenged, is dangerous and wrong. The constitution does seek to immunise the actions of the President, but I have grave doubts whether such immunity is absolute. The President is bound to exercise his powers in good faith, in accordance with the rule of law, the purpose for which it was given and with due regard for the fundamental human rights of all citizens. To accept that the contrary is possible without the possibility of legal challenge is unacceptable in a functioning democratic society with respect for its constitution and the rule of law.

Suppose a president suspends the CJ because the ruling PNM that appointed him was uncomfortable with the CJ. It did not think it could count on the CJ to be loyal and understanding to the PNM. It did not feel comfortable with an Indian CJ, given the context of our racial politics and imminent general elections. He was too independent and was resisting attempts to politically influence and control the judiciary. If a president moves to suspend the CJ and openly says he is doing it for his party on the dictate of the PM, could this be challenged in court?

What if the President openly declared that he was racist and did not want any Afro-Trinidadians working for him on staff? This would be a clear violation of the right to equality of treatment, but likewise be immune from legal challenge. It cannot be that the framers of our constitution intended to place the office of President beyond the reach of the long arm of the law.

The modern developments in the field of administrative and constitutional law do not support the concept of one man being above the law. The President will be immunised from legal action when he is acting in good faith, acts in accordance with the rule of law, promotes the purpose for which it was given, and has due regard for the fundamental human rights of all citizens.

Sacred cows are few and far. If the President unconstitutionally suspended the nation’s CJ in a vacuum, citizens should be able to send a legal letter to the President to forewarn legal action and ask relevant questions without being branded disrespectful.

More is expected from the head of state.

by Anand Ramlogan  2007-07-01

Price of vanity ads

The attack against Express reporter Anna Ramdass by Information Minister Neil Parsanlal was cleverly buttressed by a release from the PNM that saw no sin in the use of taxpayers’ money to advertise the fact that the new Prime Minister of Grenada was going to pay an official state visit to T&T.

The PNM’s release said: “The promotion of the visit is no different from the promotions done for the visits of the presidents of Uganda and Ghana.”

The party considered “this attack on its leader, describing him as ‘Mr Show-off,’ to be yet another example of the lack of fairness by a reporter."

Private jet

“This story was clearly calculated to bring the PM and the PNM government into disrepute.”

It called on the reporter to apologise for “this international faux pas.”

The article that caused such great consternation led off with criticisms from eminent political scientist, Prof Selwyn Ryan, who saw it as an unnecessary abuse of public funds.

“These are vanity ads. I can’t believe that we are paying for that ad. That will be totally ridiculous. It is extravagant and uncalled for,” said Dr Ryan. “We're happy to welcome the Prime Minister of Grenada, but an ad of this sort, given the cost, is totally uncalled for and a wasting of public funds.”

Mr Ryan does not normally rush to criticise the government, and his outrage in this regard is reflective of the seething rage people on the ground feel over such scandalous expenditure at a time when the cost of living is moving beyond the reach of so many, and the standard of living is under threat by criminal elements.

Perhaps, Parsanlal (whose noblest claim to fame is the oft-repeated claim that he is “the quintessential dougla”—as if this somehow makes him smarter, more Trini or impervious to criticism) should try explaining why it is necessary for the Government to spend money advertising such a visit (including the cost of a private jet and all):

• to the sick people who cannot get a bed in San Fernando General Hospital;
•  the hungry that cannot afford a decent meal, because of the astronomical price of food;
• the annual predictable flood victims who now face desperate financial ruin, or
•  the parents of kidnap victim Nial Ali from Gasparillo whose son cannot be found after two agonising months of attention from the ridiculously under-resourced Anti-Kidnapping Squad.

Parsanlal’s justification for the advertisement included the following gem:

“The history of the Caribbean is evolving as we speak. And the prime ministers have been changed in several countries. We don't want to wait until that history is recorded, documented and published in a book somewhere.

So we decided to put out information that is live and current and that can be used by students, as well as by the general population and the media.

So the people who are seeing it as the Prime Minister 'showing off' have, therefore, missed the entire point.”

There was no explanation as to why the usual comprehensive national and regional media coverage would not have sufficed.

Coverage by the national media, which includes state-owned and government-friendly television and radio stations, and the regional media coverage would have been more than adequate for this purpose.

Media coverage of such meetings has traditionally been quite good, and Mr Tillman’s election was well- documented here as media houses covered the Grenada general election in detail.

Salt in wounds

Parsanlal is the one that has completely missed the point. These advertisements reflect the arrogance and megalomaniac tendencies of a government led by a typical Caribbean tin-god with an exaggerated sense of self-importance.

Flying in regional and international leaders and then unnecessarily advertising the visit is like rubbing salt into the wounds of the people at a time when many are forced to flee their homeland because of uncontrollable crime and poor service from under-resourced state agencies.

An official press release from the Office of the Prime Minister to the media would more than suffice, as such (necessary) state visits are always well covered.

Parsanlal’s response maintains the arrogance of the Government. He condemned the biased article against the Government for not carrying the Government’s response, but cleverly omitted to mention the fact that he did not return the reporter’s repeated calls to his cellphone.

He ended on a typical PMN high note, issuing the not-so-veiled threat that the newspaper was free to decline carrying government advertisements if it felt they were wrong.

The coded message is clear: watch it or else advertising revenue from the Government could dry up and your competitors who favour us could profit at your expense! Dangerous foolishness and quintessential PNM arrogance from a government with dictatorial tendencies.

Not ah damn dog must bark, they say.

By Anand Ramlogan

Site Admin Note:

See TT Express Links below before they disappear - as they tend to on these kinds of matters.

 Mr Show Off

Jet Ride for PM

Parsanlal: Thomas ads only for public info

Prisoners are humans

The sinister and evil wave of crime that has changed our way of life makes the topic of respect for the human rights of prisoners a delicate and sensitive topic. The cosmetic changes made for the summit might fool our foreign guests, but the people who struggle to cope with the terrifying onslaught of crime have to face the raw and harsh reality of living in a place where criminals are at large and in charge.

Everyone in prison has either been arrested or charged with a crime of some sort. These crimes can range from failure to pay a traffic ticket, or arrears of maintenance, to rape and murder. Prisoners may be on remand, awaiting trial (presumed to be innocent), or convicted and serving time. The experience of Rajesh Mathura, who won his constitutional motion against the State, is a powerful reminder of the sad state of affairs of the criminal justice system.

Mathura won his case in the High Court before Justice Rajendra Narine, but the State appealed. This appeal was dismissed by the Court of Appeal, comprising Justices Margot Warner, Stanley John and Paula Mae-Weekes. The facts are taken from the judgment of justice Narine. On February 12, 1998, Rajesh Mathura was arrested on a charge of assault occasioning a wound. He was taken before a magistrate in San Fernando.

He pleaded not guilty, and bail was fixed by the magistrate, after which the applicant was placed in a cell downstairs of the Magistrates’ Court with about 25 other prisoners. At about 2.45 pm Mathura observed a prisoner (Thomas) holding a cigarette lighter, which he used to set fire to a jersey. He threw the jersey on some food boxes placed at the entrance of the cell. The boxes caught fire.

Turn back

After this, another prisoner (McDavid) took a piece of iron chain and proceeded to hit Mathura on his head with it, causing him to bleed. McDavid and another prisoner (Briggs) demanded the applicant’s shirt. Briggs proceeded to rub the applicant’s back with a razor blade, and his shoulder started to bleed.

Thomas, McDavid and Briggs beat Mathura and took away his shirt, pants and shoes, leaving him in his underwear. The cell was filled with smoke. Mathura called for help. About 20 minutes elapsed before anyone came to his assistance. The fire was put out, and the prisoners were taken out in batches of two at a time. Mathura was the last person to be removed from the cell. This was about half-an-hour after he was attacked. He was bleeding from his wounds, and placed in the prison van with the other prisoners.

The van left the Magistrates’ Court. Mathura was bawling for help, calling out to the officers to stop the van and help him. Other prisoners began pounding the side of the van, demanding that the vehicle be turned back and that Mathura be taken to hospital. After ten minutes, the van returned to the Magistrates’ Court. Mathura was taken off. He lost consciousness and awoke in San Fernando General Hospital some time later.

An Inspector Ali visited Mathura at hospital. He told the police he would give a statement after he secured bail, since he was scared he would be killed by the prisoners if he spoke to the police. He did, however, tell them that although he did not know the names of the prisoners, he would be able to recognise them. Mathura was released on bail a few days later. He gave a statement to the police on February 20, 1998. Ali showed him a book with photographs, and he was able to identify two of the men.

Fatal omission

He was not asked to attend any identification parade. Charges of malicious wounding and malicious damage were laid against the three prisoners who had attacked Mathura. On March 15, 2001, Mathura gave evidence against them. No other eyewitnesses were called.

The magistrate upheld a no-case submission, based on the evidence that the applicant never pointed out the accused people. The prosecutor, a sergeant of police, conceded the case on the no-case submission. The prosecution of this crime committed against Mathura (under the watchful eyes of police and prison officers charged with the specific responsibility of supervising) was so incompetent that it sounds like a comedy. How on earth could the police prosecutor not call upon Mathura to point out the men whom he had already identified as assaulting him?

Why was no other prisoner who witnessed the entire incident called to give evidence? Could the magistrate not have simply asked Mathura if these were the men who assaulted and battered him, if he realised a fatal omission was made by the prosecution led by a police officer who has to match skills with a trained defence lawyer? This shameful tragedy and injustice is an indelible stain on the system of justice. To add insult to injury, no one has been disciplined, and life goes on as usual for everyone except Mr Rajesh Mathura.
(To be continued)

By Anand Ramlogan 2009-03-22

Protecting political patronage

Former government ministers Franklyn Khan and Eric Williams have had their trials constantly adjourned. Both matters have been fixed for trial for May and June 2007 respectively. What are the chances of these cases starting before the next general election?

Khan’s matter has been fixed to proceed on a number of occasions but for one reason or another never started. Is the Magistracy playing politics or is it a case of adjournments for genuine cause.

There is a perception that watchdog institutions are too politically compliant and subservient. Take the Integrity Commission (IC) for example. It has dragged its feet on important complaints and so given the impression that government ministers are free to deceive and mislead the courts with impunity.

Chief among these is the complaint arising out of the Maha Sabha radio licence case. The IC is yet to rule on the complaints made by respected former Independent Senator Professor Julian Kenny and the Sat Maharaj of the Maha Sabha over the award of a radio broadcast licence to PNM party hack Louis Lee Sing’s Citadel Ltd in questionable circumstances.

This fact had prompted the High Court of Justice (Best J), the Court of Appeal (Hamel-Smith JA, Warner JA and Mendonca JA) and the Privy Council (Lords Heffman, Hope, Hatton, Brown and Mance) to unanimously hold that the State was guilty of discrimination against the Maha Sabha.

The Privy Council described the actions of the Government as “arbitrary and capricious.” The case revealed an intricate web of deception and intrigue on the part of high government officials to perpetuate and then conceal the discriminatory treatment of the Maha Sabha. Of particular concern is the finding by the Privy Council that the State misled the Court of Appeal and allowed it to twice give judgments on a false premise and the manner in which Permanent Secretary, Emmanuel George’s request for an explanation from Lee Sing was flippantly disregarded after a letter was written to the then minister. The judgment slammed the abuse of state power and raised an almost irrefutable case of serious wrongdoing and misconduct in public office.

The award of this radio licence to Mr Lee Sing was political favouritism as there were many people/organisations whose applications for radio broadcast licences had long been evaluated, approved and recommended for the grant of a licence pending a final decision by Cabinet.

Section 24 of the Integrity in Public Life Act reads as follows:-

24 (1) A person to whom this Part applies shall ensure that he performs his functions and administers the public resources for which he is responsible in an effective and efficient manner and shall:

(a) Be fair and impartial in exercising his public duty;

(b) Afford no undue preferential treatment to any group or individual;

(c) Arrange his private interests whether pecuniary or otherwise in such a manner as to maintain public confidence and trust in his integrity.

(2) A person to whom this Part applies shall not:

(a) Use his office for the improper advancement of his own or his family’s personal or financial interests or the interest of any person;

(b) Engage in any transaction, acquire any position or have any commercial or other interest that is incompatible with his office, function and duty or the discharge thereof.

Subsequent to the delivery of the judgment in the Privy Council Russel Martineau SC who represented the State in the local courts issued a letter dated July 7, 2006 disavowing any knowledge of the facts that prompted the Privy Council to find that the Appeal Court was misled by the State in consequence of which it operated “under a serious misapprehension.” Mr Martineau’s letter underscored the lengths to which the Government was prepared to go to cover up its misdeeds: it was willing to hide relevant facts from its own lawyer in an effort to manipulate the administration of justice.

It is incredible and incomprehensible that the investigations of the IC (after one year) have not been concluded.

The judgment of the Privy Council is strong in its condemnation of the behaviour and conduct of senior government ministers. The judgment itself made out a strong prima facie case against the government. In any other country the IC would have dealt with such a complaint as a matter of extreme urgency.

Perhaps the plan is to delay the investigation to allow the general election to pass. Time will tell.

By Anand Ramlogan 

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Qualified but rejected

A sad consequence of the racial-based nature of our politics is the exclusion of the ‘other’ major race from governance. ‘They’ simply have no say in how the nations resources are distributed and do not enjoy any of the influence that comes with high public office. They never seem to ‘fit the bill’ for such appointments which are supposedly made on merit. This glaring absence at the top explains why people identified with political adjectives such as ‘alienated’, ‘marginalised’, ‘ostracised’ and ‘tolerated’. 

Political discrimination in our system carries a racial connotation and perception if the victim is of the ‘other’ tribe. Hard data to substantiate racial imbalances that can justify inferences of discrimination is very difficult to obtain as racial statistics are not really kept.

Richard Thomas has taken the trouble to compile some statistics about the ethnic composition of our state boards and it paints a frightening picture that shows that things have actually gotten worse when one compares the relevant data on this issue in the 1980 report prepared by the Centre for Ethnic Studies, UWI. I present the table below as evidence if the political discrimination that is retarding the growth and development of our dear country.   

 
AIRPORTS AUTHORITY ---out of 11, 2 [1. Ramesh Lutchmedial, Director; and 2. Rosalind Chinnia-Ramadeen, Deputy General Manager (Operations, Crown Point)

CARIBBEAN AIRLINES ---out of 8, 1 [1. Dr. Shafeek Sultan-Khan, Director].

DFL CARIBBEAN ---out of 13, 3 [1. Rodney Prasad, Director; 2. Stephen Singh, Director; and 3. Gilian Golah, Senior Manager (Corporate Executive Operations) and Company Secretary].

ETECK ---out of 12, 2 [1. Nesha Kochhar, Vice President (Property Management); and 2. Henry Kumar, General Manager (ICT Project Implementation); maybe a 3rd [Eugene Tiah, Director].

FCB ---out of 25, 6 [1. Govind Maharaj, Director; 2. Inez B. Sinanan, Director; 3. Ramcharan Kalicharan, Chief Executive Officer (CMMB); 4. Lionel Seunarine, Asst. GM (Commercial Banking); 5. Shiva Manraj, Financial Controller (Finance and Planning); and 6. Harjoon Heeralal, Corporate Manager (Group Corp. Planning)]

NAMDEVCO ---out of 6, 1 [1. Cintra Persad, Director] NATIONAL FLOUR MILLS ---out of 7, 2 [1. Ganesh Sahadeo, Chairman; and 2. Ross Alexander, Director].

NATIONAL GAS COMPANY ---out of 16, 4 [1. Lisle Ramyad, Director; 2. Winston Lalla, Director; 3. Rebecca Ramdhanie, Vice President (Finance and Information Management Group); and 4. Prakash Saith, President (National Energy Corporation)]

NATIONAL INSURANCE BOARD:] ---out of 17, 5 [1. Rudranath Indarsingh, Director; 2. Inez Sinanan, Director; 3. Seeram K. Maharaj, Director; 4. Karen Gopaul, Executive Manager (Planning and Technology); and 5. Niala Persad, Executive Manager (Legal Services/Corporate Secretary)].

NATIONAL INFRASTRUCTURE DEVELOPMENT COMPANY ---out of 11, 5 [1. Chandrabhan Sharma, Chairman; 2. Vijay Birsingh, Director; 3. Nirad Samnadda-Ramrekersingh, Vice-President (Legal Services); 4. Lisa Chote, Vice President (Corporate Services); and 5. Michael Guyadeen, Vice President (Financial Services)].

PETROTRIN ---out of 26, 9 [1. Harry Pirtheesingh, Director; 2. Ramnarine Ramdass, Director; 3. Kevin M. Singh, Vice President (Finance & Corporate Planning); 4. Khalid M. Hassanali, Vice President (Planning and Projects); 5. Narayan Ramtahal, General Manager (Central Engineering and Construction); 6. Steve Baldeosingh, General Manager (Production Operations); 7. Janice Koylass-Abraham, General Manager (Law & Land Management); 8. Sookdeo Heeralal, Ag. General Manager (Joint Ventures); and 9. Rajkumar Bissessar, Chief Audit Executive].

PORT AUTHORITY ---out of 48 (some of which are vacant), only 3 [1. Kiran Dass, Counterpart CFO; 2. Neil Bridgelal, Manager (Health Safety & Environment); and 3. Robert Ramsubhag, Equipment Manager.

PTSC ---out of 21, 4 [1. Mahadeo Jagmohan, Director; 2. Zena Rahmatali, Director; 3. Philemon Subiah, Corporate Manager (Operations); and 4. Brian Juanette, Senior Project Engineer].

T&TEC ---out of 16, 4 [1. Professor Chandrabhan Sharma, Commissioner; 2. Zameer Mohammed, Commissioner; 2. Kelvin Ramsook, Asst. GM (Distribution); and 3. Ramdeo Sadhoo, Asst. GM (Human Resources)].

TSTT ---out of 16, 1 [1. Rakesh Goswami: Chief Financial Officer]; maybe a 2nd [2? Dianna de Sousa: Vice President Customer Service]?

TTMF ---out of 19, 3 [1. Jaggernath Soom, Director; 2. Esther Rajpaul, Director; and 3. Waheeda A M Ali, Manager (Internal Audit)]. [

UDECOTT ---out of 11 , 3 [1. Dr. Krishna Bahadoorsingh, Director; 2. Neelanda Rampaul, Chief Operating Officer; and 3. Jassodra Gumansingh, Manager (Information Technology)].

WASA ---out of 12, 2 [1. Dr. Shafeek G. A. Sultan-Khan, Chairman of the Board; and 2. Dion Abdool, Chief Corporate Officer]

These statistics provide irrefutable evidence about the exclusion of Indo-Trinis from state corporations. The figures are probably no different in the foreign service, security service and public service in general. The reverse is probably true when the UNC was in power. The pendulum swung from one corner to the next.  Can we ever realize that elusive dream of equality and meritocracy? Something for the reformers of our constitution to think about.

By Anand Ramlogan

Radica reigns

Panday’s call for a re-definition of one of our nation’s watchwords that was drummed into my ear in primary school was shocking and amusing. He said Indians no longer wanted to be “tolerated,” but “appreciated.” His statement marked the critical social junction where Indians were numerically no longer a statistical “recalcitrant minority.” 

The country had changed to the point where the unthinkable had occurred: an Indo-Trinidadian Prime Minister had been elected. These thoughts flooded my intoxicated mind at the Chutney-Soca Monarch Finals in Skinner Park, San Fernando, after a conversation I had with genius promoters, Mr and Mrs George Singh, who conceptualised the Indian response to the traditional Afro-based national calypso monarch.

Chutney was no longer rising; it had risen, to the point where it surpassed the height of our State-sponsored premier national competition, the Calypso Monarch. The racial mixture of the massive crowd at Skinner Park bore testimony to the fact that the Chutney-Soca Monarch had eclipsed its national counterpart. The Indian response and cultural reaction to the exclusion and ridicule of the Indo-Trini population from mainstream calypso and soca events had exploded. Calypsoes were characterised by distinct pro-PNM, pro-African sentiments. How is it possible to have “national” competitions for half-century that did not reflect the Indian presence?

An Indo-Trini has probably never made it to the Calypso Monarch finals. The sight of Afro-Trini competitors in the finals of the Chutney-Soca Monarch has been a regular occurrence since its inception. The sight and sound of Alison Hinds embracing Drupattee Ramgoonai while singing the remixed version of the classic Roll up the tassa was incredible. The Afro and Indian-Trini crowd went wild. The reaction of the Pleasantville crew to Lalchan “Hunter” Babwah’s runaway hit, Jep Sting Naina, heralded the dawn of a new era. We had moved from the Mighty Trini’s Curry Tabanca and Ricky Jai’s Hold d Lata Mangashcaar and Sunny Mann’s Lotay-Laa to the The Jep Sting.

The faceless star of the show, however, was Radica. The crowd grooved, wined, jammed to the strains of the true story of unforgettable true love. The real-life Indian movie romance has captured the imagination of the population. Ken Salick’s Radica appeared on the front page with an enthralling story of how the tears flowed freely when she watched her ex-husband publicly rehash his heartache. The ongoing national romance between Radica and Salick has mesmerised the nation and reduced many to tears. He used to ride his bicycle up and down the road just to catch a glimpse at her while she would do extra outdoor chores to catch a glimpse of him on his bicycle. She was reduced to tears as she watched him pay loving tribute to her on the national stage at Skinner Park.

Radica said she watched Salick ride through the village with a hero’s welcome, but couldn’t step forward and embrace him. Upon hearing this, Salick immediately declared his undying love and promised her a share of his prize money, because she inspired the song. The nation waits with bathed breath, because both Radica and Ken are single. Would we hear “Radica, I glad yuh cum back” next year? So what do we do when society moves beyond the government-sponsored “national” competition? Must we resist the spontaneous urge to dance and sing about Radica and Naina? Must we ignore Alison Hinds and Drupattee Ramgoonai?

Panday was right: The “recalcitrant minority” will no longer accept simple tolerance. The Indo-Trini demands appreciation and equal space. He/she is no longer content to be “wined on.” They simply want to “wine” and “wine on.” The Soca-Chutney Monarch is more reflective of our society in every respect. Both contestants and crowd reflect and embrace the diversity that is Trinidad and Tobago. Traditional Carnival is dying, because of its failure to move past the narrow socio-political confines of the PNM base. Indo-Trinis finally said “enough is enough” and refused to patronise calypso tents where they would be insulted and ridiculed and be expected to “fake laugh.”

Their children didn’t deserve to pass Common Entrance for prestige schools, Oma was a kitchen mechanic and Panday was the only raw material calypsonians could find while they studiously avoided criticising Manning. The art form was misused for what bordered on racial and political hatred. It became a one-sided political weapon for the PNM disguised as social commentary with few exceptions. Salick said he recorded 108 songs during his bout of “tabanca.” He is our very own Slumdog Millionaire. And one can only hope that some producer steps forward to give life to these songs, for there are many more like Salick who simply need a chance on the big stage to prove their worth. He is the undoubtedly the Indian Road March winner for 2009!

By Anand Ramlogan 2009-02-15

Ray of Hope

In the midst of all the doom and gloom, crashing financial markets and slap in the face of the law by the Prime Minister (who transformed a cultural show into a PNM rally), a ray of hope broke through the dark clouds last week. I refer to the inaugural speech of our new Chief Justice Ivor Archie at the opening of the 2008/2009 law term.

Archie likened his annual report to that of an annual “report to shareholders.” This is a major shift in the attitude and philosophy of the judiciary. After all, our courts are, in fact, there to serve the people, and it should properly account to them.

His speech was more like a conversation with the nation, and his delivery was measured and effective. His grasp of the problems facing our legal system was evident, and he was in command of the lion in the arena.  In some respects, the CJ traversed familiar ground with renewed vigour and enthusiasm.

The abolition of preliminary inquiries in criminal matters, avoiding transportation of prisoners and the consequent waste of money and judicial time, when their cases are not ready and must be adjourned, removal of traffic tickets and liquor licensing duties from magistrates have been on the cards for quite sometime.

Mention of these initiatives was, for example, made in the report of the Lord Mackay Commission of Enquiry into the Administration of Justice in 2000.  Change has been slow but sure in the legal system. The civil side is far more advanced than the criminal side, and this has been recognised. Video conference hearings before trials are ready would avoid the need to transport prisoners unnecessarily.

Good research

The audio-digital recording project is a success and long-hand note-taking will, hopefully, soon disappear. The infrastructure of the courts has been slowly, but surely, improving as new buildings have been constructed, old ones renovated and technology incorporated.

The Family Court is a huge success. No mention was made, however, of the much-touted DNA lab and the backlog at the Forensic Science Centre, which delays so many criminal cases. The emphasis by CJ Archie on the need for constitution reform and solid witness protection is welcome. It is true that our constitution is over 30 years old and in need of review.

I do, however, have a problem with the repeated calls for “consultations with all stakeholders,” because this is normally used by politicians as an opportunity to hold poorly attended meetings all over the country, rehashing and regurgitating the same old ideas and arguments.

We have had more than our fair share of constitutional commissions and reports. We had the Sir Hugh Wooding Commission in 1971-1974, the Sir Issac Hyatali Commission in 1987-1990, papers from Lloyd Best and Tapia, the Vision 2020 sub-committee on constitution reform and the report compiled by our independent senators during the period of the 18/18 tie.

Many good research papers have been published. To add to the stock, we recently had the publication an excellent book that was co-authored by one of our present judges in the Court of Appeal: Democracy and Constitution Reform in Trinidad and Tobago, by Dr Kirk Meighoo and Peter Jamadar, JA.

I hope the Prime Minister will not misuse the valid observation of the CJ to start a fresh round of “consultation” on constitution reform, so that this political football can be dragged into the mud until it just disappears. The fact of the matter is the ideas have always been there, but the political will has never been.

Real change

The call for a review of the remuneration package of judges and magistrates and support staff is one that the Government must heed. Since “money is no problem,” the Government should make a tangible gesture in this regard.

The pension of many of our retired judges is ridiculously low. Inflation has virtually rendered them penniless. In some cases, the widow and children have been left to fend for themselves when they should be enjoying the fruits of their late husband/father’s sacrifice. Judges cannot practise law after retirement, and the pensions are not linked to inflation, so accepting judicial appointment is a potential ticket to future poverty.

Whilst the CJ was right to mention the fact that judges are overworked and suffering from burnout, so, too, are attorneys who now have to work twice as hard to ensure the endless deadlines that come with the new rules of court are met.

There was no attempt to say how judges will be evaluated or have their performance monitored. Some judges may work harder than others, and the public is entitled to know that their efforts will be recognised and rewarded.

The judiciary must at least strive for some target date/period by which judgments must be delivered (within six months after trial?).

Finally, the CJ should have avoided borrowing the political vocabulary of the PM by seemingly endorsing Vision 2020 as a template or time line for developmental change. Overall, though, CJ Archie left me feeling hopeful that our legal system was in good hands, and that his stewardship will bring positive and real change.

By Anand Ramlogan

Remembering Mairoon

Mairoon Ali was the last media person to interview me before I left for vacation. I had emerged from hibernation to do a few radio and television interviews. This was prompted by two burning issues: the exciting news about the challenge for leadership in the UNC, and the brazen attempt by the Government’s spin doctors to explain away the discriminatory secret scholarship PNM slush fund. News of her sudden and untimely passing shocked me. Mairoon was an amazing and incredible woman and a true patriot. She frequently e-mailed me in order to comment, criticise, and compliment the work I was doing. She made frequent positive mention of my efforts towards the pursuit of social justice in the courts, on behalf of the downtrodden in her talk shows, and I was encouraged by her kind words.

I had completed a hectic schedule of activities when Mairoon’s assistant from Gayelle TV called to invite me to her programme on the day before I was scheduled to travel. I initially refused, but Mairoon e-mailed and personally called me, reminding me of the fact that Gayelle was the only true indigenous TV station (and one that was not owned by some conglomerate). It was difficult to resist her charm and sincerity, so I agreed to, once more, battle the notorious PoS traffic, in order to appear on her early morning programme. Before the programme started, Mairoon told me that her son was a beneficiary of the very secret scholarship programme that I had been instrumental in exposing.

Sensing my awkward reaction, she quickly reassured me that this did not alter her appreciation of my criticisms about the secrecy and prejudicial nature of the fund. My respect and admiration for Mairoon hit the roof; she was not going to defend the indefensible. She was not about to sing for a supper that she had eaten from a PNM plate. Au contraire; she was quite prepared to bite the proverbial hand that fed her, because it had dipped into an illegitimate kitty to buy the food. Mairoon went on to explain that she had learned about the scholarship from a prominent PNM supporter while she was working in Louis Lee Sing’s I95.5 FM radio station.

She gratefully accepted the financial assistance, because she was struggling to educate her son, and was oblivious to all the shenanigans and political corruption involved. I quickly explained to Mairoon that she and her son were eminently qualified to receive such financial assistance, and I had no problem with her benefiting. I was, instead, concerned with the secrecy, political and racial bias, and the inherently discriminatory attitude of the Government in the distribution of this financial assistance. Unlike Mairoon, there were many who were plainly not qualified to receive such financial assistance, but nevertheless received the same on the strength of their PNM connections.

There is a huge invisible price tag that is attached to making one’s views publicly known. As you step out of the shadows of anonymity, you unfortunately expose not just your views, but your personality and life to attack. Most people are content to whisper their views in hushed tones in the privacy and comfort of close family and social gatherings, and to never risk ridicule, public criticism, and contempt. Mairoon was always under the microscope, and sometimes attacked by all sides for the views she articulated on her radio and television programmes. She bore it all with a graceful smile and continued to speak her mind.

There are not many like her in our petty, half-baked society, where entrenched biases and feigned loyalty to the party in power influence and dictate the public (as opposed to personal) opinion of so many in our validating intellectual elite. The Government’s reaction to any form of criticism is that “if you’re not with us, you’re against us.” This gives licence to attack with full force, with the full might, power and resources of the State. Meaningful dialogue is a political illusion, as the state machinery is surreptitiously activated to undermine perceived opponents. The selective revelation of independent Senator Dana Seetahal’s legal fees (which probably pales into insignificance when compared with PNM lawyers whose fees were not revealed), the targeting of Dr Keith Rowley and the slandering of President of the Law Association Martin Daly, SC, are a few examples.

As the new year dawns, I wish that we mature as people and start listening to the message, instead of concentrating on the messenger. We can agree to disagree without becoming disagreeable. The Government needs an attitude adjustment and should listen, instead of handcuffing itself to an immovable party position, regardless of the merit and validity of public criticism. In short, we need to remember that people like Mairoon are the indispensable grease that makes the wheel of democracy turn. Without these voices, the political ground is fertile for dictatorship. May you rest in peace, my sister.

By Anand Ramlogan

Removal Disguised as Suspension?

By Anand Ramlogan – 2007-06-23

The suspension of CJ Sharma was effected pursuant to section 137 (4) of the constitution. This section authorizes or triggers the power of suspension in circumstances ‘where the question of removing a judge has been referred to a tribunal’.

It is submitted that the reference contemplated by section 137 (4) is to an effective tribunal that is ready and able to perform its function and commence its enquiry forthwith. It is a necessary constitutional implication that the administrative arrangements and infrastructural support required to enable the tribunal to perform its function and commence its enquiry without delay should be put in place either before or immediately after the appointment of the tribunal and/or the suspension of the CJ.

The tribunal comprising Lord Mustill, Sir Vincent and Mr Morrisson was appointed on May 18th 2007. Over one (1) month has elapsed since its appointment and to date no steps have been taken to ‘operationalise’ the tribunal so that it can commence its enquiry.

Is the government not guilty of unreasonable delay in the performance its duties in relation to providing the tribunal with the necessary administrative and other resources that are required to enable the commencement of this enquiry?

1. Among the several matters that must be attended to before this enquiry could commence are:

1.  Payment of the agreed remuneration for the persons appointed to serve on the tribunal;

2. Co-ordination of the diaries of three busy tribunal members who would no doubt have other important commitments to determine when they can sit together as a tribunal.

3. The appointment of a secretariat and/or the necessary administrative support staff to service the needs of the tribunal;

4. The appointment of at least 2 CAT (Computer Aided Transcript) reporters to record evidence at the hearing;

5. The appointment of independent (overseas) Counsel to advise the tribunal;

6. The provision of funds to the CJ to enable him to retain the services of Attorneys to represent him at the enquiry;

7. The identification of an appropriate venue for the commencement of the hearing of this enquiry;

8. The making of rules and/or procedures by the tribunal to inform the parties about how the enquiry would be conducted and the relevant rules and procedures;

9. The announcement of whether the tribunal will sit in open court or in private so that members of the medial and the public can know whether they would have access to the hearing;

10. The drafting of a time table with deadlines for the commencement, completion and reporting of the tribunal.

CJ Sharma must retire in January, 2008. Was he effectively terminated or constructively and summarily dismissed without a hearing under the guise of suspension?

Delay is clearly being used as part of the political strategy and tactic of the government to manipulate the procedure for the removal. Did/Does the government ever intend to give the CJ the opportunity to defend himself against the allegation that there is cause for his removal in a reasonable and timely manner that would ensure his reinstatement in the event the tribunal rules in his favour?

The imminent retirement of the CJ makes it imperative that the Executive acts with greater dispatch and a sense in urgency in the establishment of an effective tribunal that is ready and able to commence sitting. The foot-dragging thus far simply underscores the ulterior political intent of the government in this matter.

The suspension of the CJ is, in the circumstances, contrary to the express purpose, spirit and intent of the doctrine of separation of powers, the independence of the judiciary as an organ of the State, the entrenched security tenure for judges and the limited grounds for their removal from office in accordance with the procedure set out in the constitution.

The procedure for removal was meant to be a safeguard against abuse of power and attempts by the Executive to compromise or interfere with the independence of the judiciary. This procedure has been and continues to be manipulated by the executive in a manner that undermines and/or removes the very procedural safeguards that were meant to protect the independence of the judiciary and the public’s right to an independent judiciary. It would be serious and irreparable fracture of the Constitution if the CJ has been forced out of office under the guise of a suspension that bears a Presidential stamp of approval.

See: letters attached

Rise of the Cricket Phoenix

I have just returned from a pub full of inquisitive cricket fans in London, after the latest victory by team T&T in the Champions League Twenty/20 in Hyderabad, India. It is a shock to most to know that Indo-Trinidadians comprise the single largest ethnic group, but Ganga’s team has prompted most foreigners to Google-search and inquire about our amazing and rich racial diversity. The team epitomises the kind of T&T we all yearn for, where we unite as one people for a common purpose and good. Whatever the outcome, Darren Ganga and his audacious team T&T are already winners for the Caribbean. Entering as underdogs, some teams relished the prospect of easy batting practice against the West Indies C team. Instead, we have created one upset in the tournament after another and taken the cricketing world by storm.

Dubbed the “Cinderella Kids” in the regional tournaments, because of the number of inexperienced youngsters in the team, we have witnessed the steady growth and development of this team. Ganga has managed to motivate and unite his troops, foster genuine team spirit and get the best out of his lot. The team gelled and functioned as an efficient unit with purpose and direction. Commentators can’t stop analysing and talking about how Ganga used his bowlers to maximum effect. Discarded West Indies bowler Ravi Rampaul’s stunning final over in the semi-final match against the Cobras was full of heart, grit, determination and tactic. Everyone played a part. Bravo’s bowling was destroyed, but he returned to bat us to victory with a steady Ganga and cracked some unforgettable strokes. Pollard has been dubbed the incarnation of Sir Viv, and is already a hero in India.

Every member of team has had his day. Ganga made some trenchant comments about the state of West Indies cricket. Each victory was a dedicated effort by the team as a whole, operating as a unit, as opposed to a strong team with a hero or champion batsman or bowler. His expert captaincy and fine leadership have shown how motivation, belief, inspiration and camaraderie can bring out the best in players and a team. Bravo made a point today to thank his team for believing in him. This team represents the phoenix that has risen from the ashes of the post-Brian Lara era. Ganga has been complimented for his intelligent captaincy and cricketing strategy by many. He is in the process of completing his Bachelor of Laws degree with the University of London. His pre and post-match comments to the media are thought-provoking and sensible.

At 30, Ganga’s role must be to groom the next generation of cricketers. He has excellent technical support from a coach and support staff that he never omits from his post-match interviews. Adrian Bharat might be the next great find, but only time will tell. It is a shame that Jack Warner had to intervene to get Petrotrin to release Ganga, so that he could captain our team. Hats off to Conrad Enill, without whose intervention Ganga would not have been able to go. That such petty, trivial, short-sighted politics could have prevented our captain from joining his troops on the battlefield is a cause for genuine concern. Why was Ganga singled out for such unfair treatment by a state-owned corporation that has a history of employing and supporting national sporting figures?

Ganga is a worthy role model for our youth. He comes from a humble family in Barrackpore, and has struggled to get where he is. His entry into Test cricket was rough. He was thrown into the deep end of the pool and struggled for form. There was no gentle introduction by exposure to the weaker Test teams. His performance was inconsistent, and even disappointing at first. Despite the odds, he continued to work at his game, learning from his mistakes and fighting his own personal demons. His determination has paid off. In 2006, he was actually the top Test batsman for the West Indies team. He played in all ten Test matches and scored 708 runs, with the best average of 41.64.

He restored our pride in regional cricket by bringing home the Carib Beer Challenge Trophy (after it eluded us for 35 years), and was the top runscorer in the competition. The Government is yet to announce how it plans to reward the victorious team. It might not be a World Cup victory, but we have conquered the best. Many of the players on the national team come from poor families. The prize money sounds like a lot, but the individual share will not be significant. Some of them have to study, train hard and live in the gym and nets. The sacrifice is tremendous. Cricket is their life, and they deserve immediate financial support, so that they can concentrate on developing their cricket without worry. I hope the government bestows tangible and meaningful recognition.

Running Scared

AG John Jeremie refused to subject himself to cross-examination, whilst two main players were said to be “out of the country,” and hence unavailable, despite the fact that it was clear they would need to be cross-examined by the CJ’s lawyers. The AG claimed there was no evidence of any misconduct or conspiracy to implicate him.

Today, I wish to extract certain passages from the judgment of the Court of Appeal in the Basdeo Panday case, so that people can judge whether these gentlemen were simply running scared, for fear their stories could be discredited. This is what the court, comprising appeal judges Warner, Archie and May-Weekes, had to say:

1. In his release, the Attorney General reported that the Chief Magistrate had informed him of the cheque “out of an abundance of caution, given the importance of the judgment he was about to deliver” [my emphasis] and that he (the Attorney General) had determined that he should take no action until judgment had been delivered.

   Immediately after the judgment, he made enquiries into the matter, including contacting all the parties.

   He ultimately formed the view that there was no cause for further action in the matter of the land transaction at that time, and so advised the DPP, the Commissioner of Police and the Chairman of the Integrity Commission. The complaint about the Chief Justice was still being investigated.  

2. The Attorney General’s later account of his investigation is that, on April 25, 2005, the day after judgment was delivered, he telephoned Mr Monteil, who was his personal friend. He says he called to inquire whether Clico had attempted to influence the Chief Magistrate during the trial of this matter, because in his view, the land transaction looked suspicious.

   Those suspicions seem to have been allayed by Mr Monteil’s assurance that it was a bona fide transaction, because “the man really wanted to buy the land.” He told Clico to “clean up their mess,” and says he used the word “mess” because “although I could not prove anything, I was angry, nevertheless.”
   

3. He says further, he was concerned that if the transaction was bona fide, the Chief Magistrate should not suffer from being over-cautious in returning the cheque. He had several subsequent phone calls and meetings with Mr Monteil.

   His primary concern was that he could not be accused of a dereliction of duty in failing to investigate the matter, even though he considered it to be a matter with no “smoking gun” [my emphasis]. On one occasion, Mr Monteil said the issue had been sorted out. No details of the nature of the investigation that was carried out have been supplied.
   

4. The fair-minded observer might take the view that it was unwise for the Attorney General to have become personally involved, instead of leaving the investigation to someone in the Corruption Investigation Bureau. The delicate circumstances that prevailed required him to maintain a conspicuous detachment, particularly since information was being sought from his personal friend, Mr Monteil.
   

5. The timing of the Attorney General’s intervention is also the subject of a discrepancy that may be of significance to the fair-minded observer. According to Mr Monteil, his first conversation with the Attorney General concerning this matter was sometime in late March or early April, at a time when judgment was still outstanding.

   We are not required at this stage to resolve that discrepancy. What we are required to consider is what impression the totality of the available evidence would have on a fair-minded observer.
   

6. In the light of the sensitivity of the case, the fair-minded and informed observer would be concerned that the deliberations between the Chief Magistrate and the Attorney General were not at arm’s length.

   Applying reasonable standards of propriety, but not being unduly suspicious, he would appreciate that several matters were discussed that may have had a bearing on the case, and that the Attorney General in his press release chose to be vague about them.
   

7. The matter went further. According to the Attorney General, it was only after the decision was handed down that the Attorney General concluded that there was no further cause for action at that time.

The weight of existing authority speaks to unconscious bias.

The fair-minded and informed observer would be aware that the Chief Magistrate gave his decision before the Attorney General came to a decision that there was no further cause for action. It would be too simplistic to say the observer’s fears would be allayed because of the presumption of impartiality. 

by Anand Ramlogan 2007-09-30

Site Admin Note: See also 'Cross Examination Jitters' by Trini.t.o.o
 

SOMETIMES WE "TRINIS" BELIEVE IN THE SILLIEST OF THINGS! PART 1

The "Election Season" is here, in fact right around the corner, and sometimes we call it the "silly season" and for good reasons too. With all the things in the air, we get "drunk and stupid" with all the goodies thrown at us from every direction by every politician from every party from every corner of our once lovely country.

They starve us and deprive us for five years or so, then drive around and throw us some "crumbs" to ease our pain and hunger, temporarily albeit, and then disappear for another five year hiatus in hibernation in their milk and honey.

Now, some of the Politicians are out in full force "kissing babies" and making "silly promises" that they know they can't or won't be able to keep. Yet they keep walking around shaking hands and delivering lies, more lies and damned lies, all the while expecting the people to be both "dotish" and "silly", and to swallow their tales "hook, line and sinker", just to believe their "silly stories" and just vote them back into office just one more time.

Just gimme another chance at the "trough", or where the "milk and honey" flows like a river with no end. Oh, Lord Sweet Land of Milk and Honey.

Well, with all these good stuff that they now telling us about, that they would get for us, that they would give us, which we did not know existed before, or even if we did, could not see it, feel it or find it in our once lovely land, and making us "giddy" all the time, we need to slap some cold water on our face every now and then just to keep us sober and stay focused on real life.

We need to stay focused so as not lose sight of the important things that really matters to us as we go about or daily lives at ground level, not at the heights where the politicians choose to nest, way up in the palaces and high offices, and far from the "regular crowd" where the real day to day action happens.

...where FOOD PRICES are so high that HUNGER is now the friend of the family.

...where people just SURVIVES and eke out a daily living for themselves and their families.

...where the KILLINGS, KIDNAPPINGS and ROBBERIES takes place so frequently that they are a DAILY WAY OF LIFE.

...where the TRAFFIC JAMS drive people crazy just sitting and boiling in the hot sun, and going nowhere fast. There is nowhere to go, period.

...where the SICK AND DYING lay in the corridors and floors of the hospital and can't get medical attention, cause they can't afford to fly to the U.S, Canada or England to get the best medical care money can buy.

...where the DOCTORS and NURSES are struggling to cope with less to do more, under the most depressing conditions for them and their patients, with no medical supplies,facilities or funding to do so.

...where their homes are FLOODED every time there is talk about rains in the forecast, let alone rain itself, because of the poor drainage and sewer clogged and back up making life pure hell.

...where people can't get pipe borne WATER let alone water running through their taps to drink, cook, wash or even take a bath.

...where SCHOOLS are held under "MANGO TREES" out in the yard as the buildings are not safe and sanitation is worse for the kids to bear the ugly stench of raw sewage as they try to get an education.

...where the POLICE have STATIONS that are old and delapidated and were built some fifty or sixty years ago, and are unsafe and dysfunctional. They don't have cars or telephones or proper equipment to carry out their work effectively.

...where ELECTRICITY is a luxury item for many people in our country more so than a necessity in our day and age.

...where over $200 BILLION DOLLARS flowed through the government coffers within the last five years and we have nothing to show for it. except..

...except a $148 MILLION DOLLAR PALACE for the emperor and his wife, and built in record time at that.

...and few million dollar STADIUMS built for the emperor ego.

...and where MONEY IS NO PROBLEM, yet we have more POVERTY and STARVATION than most THIRD WORLD COUNTRIES.

... and where CRIME is now a WORLDWIDE TRADEMARK of our once safe and beautiful land.

... where NEPOTISM and CORRUPTION are hallmarks of the legacy of the government and its administration.

...where CREEPING DICTATORSHIP raises its ugly head as a frightening reality by an uncaring Prime Minister.

...where the ALUMINIUM SMELTER and its "DEATH WISH" to the people is shoved down their throats by the "emperor", despite all the hazard warnings brought on by caring people and citizens.

When we are being told that these things, which have happened just in the past five years, will be fixed if we give them another five years back in office and things will change for the better.

Trust them, its the gospel. That this is in the plan for the "emperor" 2020 vision.

...then when we believe in this kind of stuff, we have to either believe in "fairy tales" and "nancy stories too", or:

...we Trinis really believe in the "silliest of things".

goodluck and godbless. Trini.t.o.o.

....to be continued in part 2.

Secret Filing Cabinets

 “The Applicant, Devant Maharaj, is not a stranger to the courts of Trinidad and Tobago. He has filed five High Court actions in relation to his career as an officer of the National Lotteries Control Board (NLCB). The complaint common to all the actions is discrimination and unfair treatment.”

These were the opening lines of a 56-page judgment delivered by Justice James Aboud on the last day of the court term. It had to compete with the historic visit of the President of Uganda for our emancipation celebrations and the judgment in Panday’s case against the Integrity Commission and hence (understandably) did not receive adequate media coverage.

Important public interest issues resolved in this judgment were therefore not brought to the attention of the public and I intend to devote my next two columns to this judgment with a view to educating the public about the development of the law. Today, I shall deal with the Freedom of Information aspect of the case as it relates to the long-standing protocol in the public service that junior officers must pass any correspondence through (or “u.f.s.” as it called) their Head of Department. Does this practice apply to applications made under the Freedom of Information Act (FOIA) as well?

Maharaj, the President of the local chapter of the Global Organisation for People of Indian Origin (GOPIO), is a prominent social and political activist. He is also an executive member of the Maha Sabha. He had previously won an historic court battle when he successfully challenged the exercise of a veto by Prime Minister Patrick Manning that blocked his appointment to act in the post of deputy director of the NLCB.

Maharaj tried to gain access to documents pertaining to what he felt were illegal attempts to stifle his career advancement by applying directly to the Statutory Authorities Service Commission (SASC) for relevant information. The independent SASC insisted that Maharaj forward such applications via the NLCB itself – in other words, his employer should have the right to know that such information is being sought. To try and access the information direct from the SASC was in breach of the established ‘protocol regarding the channeling of correspondence’.

The court stated that ‘Maharaj complains that he is subject to political victimization and that his career prospects inside the NLCB are severely compromised. The uncontradicted allegations suggest that there is some sort of conspiracy on the part of senior NLCB officers to secretly deprive him of promotion prospects. The terms of his FOIA request indicate that he is working in a vacuum, starved of information as to who is bypassing him and why.’

Maharaj pointed out that he would have had no need to apply for information direct to the SASC if he was being given access to same by his employer, the NLCB. In ruling against the SASC on this point, and finding the protocol of channeling information did not apply to applications under the FOIA, the court reasoned that “If an employee of a public authority had suspicions of fraud originating within his authority and sought information that might expose the fraud, is it right or proper that the documentation that proves the fraud should be directed to the employee via the person against whom the allegation of fraud is made? Citizens are likely to be more cautious or reluctant in utilizing the FOIA if their applications will come to the knowledge of third parties, whether they are within their own organizations or generally’.

The judge creatively ruled that “The FOIA contemplates an information highway built to accommodate two-way traffic; it does not contemplate any lay-byes, merging lanes, or fly-overs. The Applicant would have been especially concerned about the confidentiality of his correspondence. His relations with the Head of the NLCB and its Chairman are marked by distrust and antagonism. There is no evidence to contradict the applicant’s complaint that he receives hostile treatment from the NLCB. His relationship with Mr Lee Sing is counterproductive and unsatisfactory, to say the least”.

Bureaucratic practices of the past must now therefore yield to the dawn of a new culture of unfettered access to information. The FOIA is a ballistic missile that can usher in a new culture of transparency and openness. It gives access to the hitherto secret filing cabinet of the oppressor and artificial bureaucratic resistance to access can be dealt with by timely judicial intervention. Maharaj’s case proves this and should serve as a warning to those in charge.

By Anand Ramlogan 2007-08-11

Next Week: Unveiling Unfairness  

Self-interest must yield

"We are fortunate to be living in a country with a constitution that guarantees each and every citizen fundamental human rights that are enshrined and specially-protected.The constitution is the supreme law of the land, and not even Parliament can take away your fundamental rights and freedoms.

Today, as we celebrate World Human Rights Day, we must reflect on the past, assess the present, and look to the future. Looking back, we must realise that the rights that we do enjoy was the result of the courage, struggle, blood, sweat and tears of those who stood up for what they believed in against dictators and corrupt leaders. Their sacrifices must never be forgotten. The two most influential figures in our times remain the late Mahatma Gandhi and the great Nelson Mandela.

But these struggles would mean nothing if the State does not respect the rights of citizens today. For while human rights sounds nice and looks nice on paper, the true measure of the respect a society has for this concept is to be measured by reference to the status of the most vulnerable that live among us.

The first fundamental right guaranteed in our constitution is the right to life, liberty, security of the person and enjoyment of property. We are all meant to enjoy this right, regardless of our race, colour, religion or sex.

Sadly, we live in a time when, and country where, the State is unable to fulfil this basic obligation to its citizens. How do we reconcile what is on paper with the raw reality on the ground? No one feels safe in this country anymore. Those with the option to go elsewhere are leaving or thinking seriously about doing so. Many have fractured their families to protect their loved ones by sending their children abroad.

Steel doors

We crossed the 500 murder mark faster than Usain Bolt. Law-abiding citizens are virtually imprisoned behind burglar-proofed windows and steel doors as if we are the ones in prison.

With a detection and conviction rate that ranks among the lowest in the world, there is no light at the end of this dark tunnel. Our murder rate is higher than that of New York, with over ten million people.

Where is the right to freedom of movement and liberty, when we all live under self-imposed curfews because the streets belong to the criminals after 7pm and the police themselves tell us to avoid going out after dark?

What is the meaning of the right to equality, when discrimination, based on gender, race and political affiliation, is what drives the inequitable distribution of state resources?

How can there be equality when this culture of unfairness and victimisation is the bye-product of the skewed and narrow kind of politics we have, where the personal power of the leader is of paramount importance, regardless of the people-divide it has created.

What is the meaning of the right to life when your life has no value to the growing team of bandits who do not value their own life?

What is the meaning of the right to enjoy your property when you are afraid to show and enjoy success, for fear it might attract bandits?

The dignity of the human being is at the heart of the concept of human rights. But the abused woman who feels the weight of the sexy stares from police officers, who can do no more than stare and smile while she pleads for rescue from domestic violence, finds no peace until she is murdered.

Must cherish

The young daughter who is kidnapped and repeatedly raped while her mother pleads with her husband not to listen to the police and pay the ransom, feels robbed of her humanity.

The single mother who struggled to bring up a son without a father, only to see his life snuffed out by senseless gang violence at 18, feels no dignity.

The father among the 3,000 workers laid-off from the Point Lisas Industrial Estate, with no means to put food on the table, feels cheated.

The future will only be bright if we understand that these rights are owed to us by the State. We must cherish and jealously guard them.

These rights are not, however, worth fighting for, unless you understand that we must all join hands and fight, because we realise that when the Government tramples on your rights, it tramples on mine, too, because we are both human.

Today for you, tomorrow for me.

We are at a most critical juncture as the State has abdicated its responsibility to protect us, so that we can enjoy the basic right to life, liberty, security of the person and enjoyment of property.

Self-interest must yield to the public interest. Personal pride, ego and power must give way to what is right and the greater good.

The decline and disintegration will continue, unless we unite for the sake of our children and their future, because it is either we swim together or drown alone."

By Anand Ramlogan 2008-12-14

Speech delivered in commemoration of World Human Rights Day at the annual dinner of the Civil Rights Association.

Shush…What Sense Would It Make?

 Two headlines in Thursday’s newspapers just about summed up the sad state of our nation today.  The murder of Hope Arismandez captured front page whilst the dropping of serious charges of grievous sexual assault on a 12-year-old girl which occurred in July 2006 was buried deep into the more mundane news.

Yes, many of you may have missed it, but Nigel Julien, a construction worker of Cantaro Village, Santa Cruz, walked freed after the witnesses for the prosecution failed to show. Mind you, Julien is no stranger to this kind of crime: he is also on bail awaiting trial for the rape of another minor. He was committed to stand trial for that matter last year. Do you think the state would be able to secure a conviction when this second rape case eventually comes up for hearing before a judge and jury? Very few of us would be optimistic.

What no one realizes, of course, is we all failed this little 12-year old girl. The men charged for the murder/rape of Amy Anamanthudo and Hope Arismandez may very well end up walking too, unless the government pumps the much-needed resources into the administration of the criminal justice system and modernize some aspects of our criminal procedure to speed up the delivery of justice. (In the UK, for example, lengthy preliminary enquiries have been effectively abolished for some time now). 

Of course no court will ever set the men that raped and murdered Radha ‘Pixie’ Lakhan, Rebekah Sugrim and Akiel Chambers free. This is so because no one has ever been arrested and charged for the crimes committed against these children. These men are roaming the streets freely, possibly looking for a new victim. Should the DNA lab not come before the PM’s palace, the Tarouba stadium or the Performing Arts Centre? What has become of the swabs taken from these children? Have they been destroyed?

Our beloved invisible Minister of National Security refused to comment on Hope’s death. He referred the media to his equally inept partner-in-crime Police Commissioner Trevor Paul who managed to express sympathy. Bear in mind that Mr Paul is the man whose performance as police commissioner in supervising the unprecedented levels of crime we now endure so impressed the government that it extended his term of office beyond his resignation date. And while our sons and daughters are being raped and murdered, the Police Service Commission shamelessly puts paid full-page advertisements in the media to remind us of how far off it is from selecting a replacement for Paul.

 Kamla Persad-Bissessar quite rightly reminded us about the government’s clever response to the public outrage that followed the death of 4-year old Amy Annamunthodo. Manning appointed a Commission of Enquiry (of sorts). That report from the Justice Monica Barnes Commission has never been made public. It is probably gathering dust on Manning’s cabinet next to the secret report from the Gladys Gaffor Commission of Inquiry into the health sector. Imagine john public paying for reports that the government apparently ignores while children continue to die in the same manner as Amy and Faith Williams!

 Heinous crime against children cannot be taken in isolation. It is a symptom of the larger crime crisis. Criminals know that they are large and in charge. Simple robbery developed into robbery with violence and then escalated into armed robbery with violence until it reached the present epidemic of armed robbery with violence and sexual assault. Criminals are no longer content to simply rob victims; they sometimes cook in the kitchen, drink out their beers and take turns raping the daughters and wives.

The rape is oftentimes kept a secret by the victim family because it might do more harm than good to reveal it and people have no confidence in the ability of the police to capture the culprits. Since the series I did on the brutal sexual torture and rape of female kidnap victims, I often receive visits from distraught women. The emotional burden of these visits from families whose daughters have been raped during robberies is far too heavy for my shoulders. They have to deal with the festering wound their collective silence has created. It has ripped apart relationships and created unimaginable rifts between daughters and helpless fathers and mothers while the bandits continue to enjoy the easy life of robbing and raping with impunity.

Imagine being so scared of criminals that you are forced to hide the rape of your own child. That is the stage we have reached in T&T.

By Anand Ramlogan 2008-06-02

Silence is not an option

The ink was hardly dry on the resignation letter from newly appointed member of the Integrity Commission (IC) retired Justice Zainool Hosein, before an even bigger controversy erupted over the appointment of Jeffrey McFarlane. Mr McFarlane, on the face of it, was not qualified to be appointed as a member of the IC, because he is a person in public life performing a public function. He serves on the boards of the Home Mortgage Bank and National Insurance Board, both of which are chaired by Calder Hart.

The sudden, unexplained last-minute flip-flop by the President, regarding the appointment of retired Justice Zainool Hosein to the IC, has aroused the suspicion of political interference and/or collusion. Who or what influence prompted the President to change his mind on the appointment of Justice Hosein, whose impeccable credentials and unblemished track record of public service speaks for itself? The last deputy chairman was retired High Court judge, Justice Monica Barnes, and it is fitting that someone with judicial and legal experience hold this position, in light of the intricate structure of the Integrity in Public Life Act that needs to protect the rights of public officials. All of this comes at a time when public confidence in the credibility of the Integrity Commission is at its lowest, because of the protracted, unreasonable delay in determining previous complaints and, of course, the treatment meted out to Dr Keith Rowley.

Need evidence
More seriously, the Government is about to amend the Integrity in Public Life Act (IPLA) to make it more difficult for citizens to file complaints about public officials. Citizens could now be penalised for baseless complaints, and must make the complaint via a sworn statutory declaration. This is likely to be a major deterrent, as most citizens who suspect political corruption or abuse of power will not have access to the documentary evidence needed to verify their claim. Such evidence is mostly secreted within the bosom of the corrupt public official and his ring of co-conspirators. For this reason, the IPLA mandated the IC to investigate all complaints and gave it ample powers to conduct such investigations.

Baseless complaints could easily be proven false by innocent public officials who have nothing to hide, as they would readily grant access to the relevant information. If the complaint was made public, the victim could seek public vindication by publishing the finding of the IC in his or her favour. A useful amendment might have been that the IC should publish full-page advertisements in all three daily newspapers on three separate occasions, concerning the fact that it has completed its investigations and the person was cleared of any wrongdoing. It is better to strike the balance here than to run the risk of sacrificing potentially viable complaints from people who might not have the fortitude to make a complaint with the risk of being penalised. The problem is not with the law, as it now stands, but rather the lackadaisical attitude of the IC in administering the law, and its failure to utilise the vast powers given to it to ensure an expeditious conclusion.

No end?
Instead of invoking and excising these powers (for example, to compel people to produce documents needed for the investigations), the IC adopted a wait-and-see approach and used people’s refusal to co-operate with the investigation as an excuse for the long and endless delay in completing these matters. Thus, the investigations into the complaint by the former vice-president of Finance of UTT, Mr Ken Fitz Andrews, about alleged corruption and abuse of public funds by UTT President Ken Julien and the Maha Sabha’s complaint about discrimination suffered to obtain a radio licence has dragged on for over three years, with no end in sight.

This has set the tone for treatment of the present complaint against present Minister Karen Tesheria, over the Clico affair, and PM Manning for the illegal political rally held in Woodford Square. The President also owes Justice Hosein an apology and explanation. I agree with the learned judge if the word of the President cannot be trusted and relied upon, then this can only worsen the crisis caused by the loss of confidence in the leadership of our country. I would go so far to say that this raises questions about the integrity and credibility of the process used by the President to make these appointments. The IC cannot work unless people have confidence in the integrity of the person who appoints the commissioners to serve. President’s Richards’ integrity has been called into question, and silence is not an option.

Simply the Best

Enough has been said about the great loss to the region and the void that has been created by the death of the Lloyd Best by people who had the good fortune to know him a lot better than I did. I was abroad and could not attend his funeral and wish to add my own personal tribute because of the profound impact he had on my life.

I first met Lloyd at a chance encounter at the airport. I was an avid fan and pompously introduced myself as a barrister who had just returned from London. I told him that I enjoyed reading his pieces and looked forward to reading his commentaries even though I read them with a dictionary close by. I thanked him for improving my vocabulary and he laughed heartily and patted me on the back.  

I told Lloyd that I had acquired a Masters in corporate law but couldn’t find a decent job with any of the established law firms in Trinidad. He told me that there was a need for ‘social justice’ and suggested that I consider whether law could be used to achieve greater balance and equity because the politics had failed ‘miserably’ to do so. The conversation gave me hope and influenced the direction of my career.

I next met Lloyd 6 years later when we appeared on a television panel to analyse the results of the last general elections. The other panelist was Professor Selwyn Ryan. To my delight, Lloyd supported many of the views I expressed and gave me the necessary confidence that allowed me to articulate my position.  

Lloyd described Panday as the ‘only genuine’ politician in Trinidad and expressed open admiration for his abilities. When we viewed Panday’s speech to his supporters at Rienzi Complex Panday was cleverly trying to console them by saying the results were heading to yet another 18-18 tie. His speech in the face of electoral defeat was masterful and Lloyd said it showed his ingenuity craftsmanship as a politician. “That is why what has happened to Panday is so tragic”, he said.

After that panel discussion, I kept in touch with Lloyd and would call him at home for advice. I valued his opinion because it was bound to be highly intellectual and completely impartial. He always made time to chat and refused to allow his ill-health to get the better of him.

It is an indictment on our society that we never gave Lloyd the political chance he deserved to implement his vision. His relentless pursuit f a better kind of politics should have yielded better results. The social transformation he attempted to engineer was overwhelmed by the racial politics of the day. Decades later his original discourse and ideas remain relevant to a society that has not matured and developed politically.

 Never the conventional academic, I thought it ironic that his life would be celebrated in the place he once described as ‘an intellectual morgue’-the UWI. His biting criticism of the narrowness and isolationist approach of the UWI made me smile as I had recently made a similar observation when comparing my experiences at both my universities.

That this disconnected intellectual institution that had amputated itself from society was one of Lloyd’s greatest regrets. He often complained and publicly spoke about it. It is perhaps fitting therefore, that one of Lloyd’s disciples is now in charge of the UWI and has see it fit to honour him. UWI principal Dr. Bhoe Tiwari has made many positive strides during his tenure towards making the institution more relevant to society by seeking to transform it into a major stimulant for genuine debate so that the UWI could influence and shape our society and the way we think. There is some distance yet to travel as many still feel that the UWI needs to be fully integrated into mainstream public discourse.

Lloyd has led by example and worked tirelessly to advance his vision throughout the region. I recommend that Dr. Tiwari consider a more permanent and lasting tribute to one of the region’s finest minds. Ideas include a sculpted bust, ‘the Lloyd Best bursary’ or renaming the West Indian reference section at the library after him.

Best has been a source of great inspiration to many and the void that has been created would be difficult to be full but there are many leaders and thinkers in our society who have been touched and influenced by his life and work. May their actions and deeds demonstrate that they have learned from the lessons he so selflessly shared.

Anand Ramlogan

Singing for Supper?

The scandalous and shameful inaction on the part of the Judicial & Legal Services Commission (JLSC) regarding the recommendation in the Justice Ventour report that Chief Magistrate Sherman Mc Nichols face disciplinary charges for misconduct is ridiculous. It is a clear case of different strokes for different folks.

It is almost farcical given the revelation that the President suspended the Chief Justice but is yet to even issue instruments of appointment and swear in the members of the tribunal that must conduct the enquiry into whether there is just cause for removing the CJ.

The resolutions passed by the Law Association (LA) this week seek to force the hand of the JLSC. I accept the criticism that the LA should have been more proactive in the past, about other pressing matters that affect the administration of justice in the public interest but the present state of affairs is totally unacceptable and needed urgent action. The profession is divided on the issue and today I wish to explain the invisible price tag that is attached to standing up for principle for in many ways, they have nothing to gain and everything to lose.

CJ Satnarine Sharma is on the eve of his retirement and is therefore not in any position to grant favours of any type to lawyers. I have been warned by many that I should not be publicly vocal about this crisis because he is on his way out and cannot assist my professional career advancement. Many have counselled that the judges who do not support CJ Sharma and probably can’t wait to see his back will victimize me. My clients could suffer, as judges have unlimited jurisdiction and power in a case and could be unconsciously (or consciously) biased against me. They could legitimately exercise their subjective discretion against believing my witnesses and to top it off, I would never be appointed a senior counsel.

I continue to stand up for what I believe in because far too many in our society are prepared to sacrifice principle for the sake of personal advancement. The judges I appear before cannot be so petty or else they should not have been appointed judges in the first place. The idea that the system could be so small-minded makes me sick because it means that the independence and fairness of judges is a farce. As for career advancement, the only cause I seek to advance is that of justice. Being appointed a senior counsel does not magically enhance my ability or change my principles.

Many of my colleagues who have stood firm in the midst of this onslaught against the CJ have been dubbed supporters of Sharma. Truth be told, like many of them, I am more interested in defending the sacred constitutional principles that are at stake. These principles include the right to an independent judiciary free from political interference manned by judges whose tenure is secure and cannot be suspended or removed except in very limited situations. It is in defence of the office of CJ and not Mr Sharma. Whether I like him or not, it is my duty to defend the constitution. To remove him in the absence of a properly appointed and/or functioning tribunal when the constitution makes this a clear pre-condition to suspension is wrong.

There are many who have stood against this administration on this matter that has no political allegiance. They have suffered a serious backlash and paid a dear price. In some cases, the Attorney General has withdrawn State briefs and re-distributed them to other lawyers who are perceived to be on the side of the government. Work from State enterprises have dried up. The financial price tag has been a high one. With nothing to gain and everything to lose, these colleagues continue to stand tall and firm, even as they continue to be criticized by those who are now in gleeful receipt of lucrative briefs from the government.

The irony of lawyers (most of whom were appointed senior counsel under the PNM) supporting the government as they continue to chew on fat State briefs while they accuse others who have acted to their personal detriment of not standing up for principle seems to be lost. Perhaps there is greater principle in not biting the hand that feeds you than in defending the constitution that is the cornerstone of law, justice and order. Hopefully, history will record that while some were busy singing for their supper, a few brave souls defended the sanctity of our constitution during its darkest hour.

By Anand Ramlogan 2007-07-07

State failed HCU depositors

The scathing criticisms levelled against Clico’s head, Lawrence Duprey, by PM Manning and Finance Minister Nunez-Tesheira echo the criticisms levelled against Harry Harnarine and the Hindu Credit Union. This is hardly surprising, because Harnarine received most of his financial training at Clico, and sought to pattern the astronomical growth and expansion of the HCU along the same lines as Clico.

Both Clico and the HCU wooed depositors with attractive rates of interest, and used their money to invest in new ventures that had precious little to do with their core business. Thus, Harnarine diversified the HCU and created furniture stores, travel agencies, a communications group, real estate and security, auto care, and wholesale companies. Clico diversified into methanol, international alcohol brands, property development and local and foreign real estate, to name a few. The idea was that these investments would yield great profits that would more than cover the high interest rate promised to depositors.

Thus, a credit union and an insurance company mushroomed and transformed themselves into full-fledged conglomerates; standing on one foot anchored in deposits from John Public. High-rate investments usually have the potential for higher profits, but they also have the same potential for larger losses. It is for this reason fiscal prudence requires a mixed basket of high-, medium- and low-risk investments that will protect the integrity of the financial core business and cater for depositors’ expectations. The complicated network of international banking is based on the simple premise that everyone will not seek to withdraw, simultaneously, their deposits.

This is what allows banks to invest a portion of the monies deposited, but they must hold in reserve a sufficient sum to meet depositors’ foreseeable day-to-day withdrawals. There was no balance or stability in the diverse investment opportunities pursued, and the disintegration and collapse are, therefore, a serious indictment on the failure of executive management to ensure that there were significant safe and stable investments in the conglomerate basket. It also highlights the danger of having “yes” men manning the internal checks and balances in a company that should raise a red flag and prompt restraint. The reason given by the Central Bank governor for not bailing out the HCU is amusing and pathetic.

He claimed (while sitting next to the Minister of Finance) that the Central Bank did not have jurisdiction over the HCU. The truth is, whilst the Central Bank may not, the State did, and it failed miserably in its duty to protect depositors in the HCU. In fact, the Commissioner of Co-operatives probably has more power over credit unions than the Central Bank governor does over Clico. PM Manning accused Opposition Leader Panday of bringing “ethnicity” into the debate in Parliament on the bailout for Clico. Whilst the majority of HCU depositors are Indo-Trinidadian, the Clico empire can hardly be described as a black institution.

People of all races invested in Clico, are employed by it, and they are all suffering the same way. It is a relevant factor that Clico’s instability could have affected the entire financial system, but the primary stated motive of the Government has been “to protect depositors and policy-holders.” If this is the aim, then why should the State move to protect one set of depositors and not the other? The US Congress has stoutly opposed the use of taxpayers’ money to bail out failed corporations. It refused to be bullied and blackmailed on the basis that it is necessary to improve the overall health of the financial system.

Closer to home, many financial institutions have failed without any government support. Workers Bank and BCCI are but two recent examples. The problem is not limited to the financial sector. I have judgments for injured road accident victims against many insurance companies that have folded. These victims are sometimes paralysed or disabled, and have no money to care for themselves, but nobody rescued them when Citizen Insurance and Goodwill Insurance went belly up. The size of the hole that would have been created in the economy by Clico versus HCU ignores the larger principle of government intervention and bailout using public funds to resuscitate failed private commercial ventures whose profits, in the good years gone by, were theirs to keep.

The HCU has asked for a loan of $300 million, and I supported the Government’s decision not to assist the HCU, because taxpayers should not foot the bill for Harnarine’s mismanagement. The bailout of Clico, however, has caused me to rethink this position. What is good for Clico must also be good for the HCU, regardless of how small it may seem in the larger scheme of things. The cry of discrimination by the HCU has picked up steam, and is bound to leave a sour taste in the mouth of HCU depositors.

By Anand Ramlogan  2009-02-07

Statesmanship, not Gamesmanship.

Having chosen to support Kamla as the political leader of a unified opposition in the next general elections, I was asked explain my choice: “Why not Winston?” I had therefore painted myself into a corner which necessitated a comparative analysis of the leadership traits and abilities of the two contenders.

 As expected, many COP supporters have called upon me to apologise to Winston for what some interpreted/deemed an unwarranted attack on his character. In true Trini style, most people agreed with what I said but just felt it was better left unsaid because it was widely understood and accepted. To recap:

My comparative analysis sparked a raging but misconceived debate on charisma vs integrity. It was based on the assumption that Winston has integrity and Kamla has none. Whilst it is true that the leadership pendulum swung away from charismatic leaders for a while, the colourless, dour technocrats that were tried have all failed and the people have rejected them.  Tony Blair can beat Gordon Brown anytime and Bill Clinton can beat George Bush any day, Monica or no Monica.

The UNC of today is not the UNC of yesterday. I am very proud of the UNC. No one has credited it for the political maturity it demonstrated in removing Panday. The overwhelming support for Jack Warner despite Panday’s attacks is a significant positive development. The flippant dismissal of the UNC as the same old party Panday led is simplistic and flawed. The frustrated membership was crying for change and hence the transformation of the party’s executive.

That change and transformation includes the embrace of our Afro brothers and sisters in the recognition of the fact that the Panday politics of the past are over. Just look at the outpouring of love for Wade Mark that prompted his retention as a Senator. An Indo-Trini can never run against a Manning slate in the PNM and win. The arrogance of viewing such a constituency as “the rum and roti crowd” of the past is offensive.

That said, the idea that neither Indo-Trinis nor Afro-Trinis can govern this country without the endorsement of the validating elite is as obnoxious as it may be true. How do we bridge this gap and unite the people so that we can remove the PNM? The people can be united with or without their parties. The empirical evidence shows that the UNC will be taking a huge risk if it relies on its base alone to win the election.

The COP’s proposal for unity (as outlined by Prakash Ramadhar on CNC 3) of a new party and an internal election to decide the new political leader is unrealistic. UNC supporters will vote for Kamla and COP supporters for Winston and we will be back to square one. Resources are better conserved to fight the PNM in the next general election instead of wasted fighting each other.

 Analytical and historical perspectives lead to the same conclusion: a political confluence is needed to remove the PNM. Evolution, whether of the species, culture or politics is not always predictable. History has shown that there are times when 'leaps' in the evolutionary trajectory occur that 'surprise' and 'defy' predictions. That is simply how life unfolds. For the religious it is understood as the 'mystery' of life. For the scientific, it is the recognition of uncertainty in all statistical probability.

Robust, honest, informed, pragmatic discussion, with the intent of consensus and agreement in pursuit of a common vision is necessary. Leaders who fail to listen to their people will lose their flock. The aim is not to ‘conquer’ the COP but rather, to harness, unify and consolidate the growing body of citizens who are disaffected with the PNM and want to see a change. In uniting around a common purpose with a common goal there is no concept of ‘conquest’ and ‘defeat’. The only problem is crossing the complex political egos of disgruntled supporters who might feel as if their stake in the grab for power is being weakened. This is the time for statesmanship and not gamesmanship. 

By Anand Ramlogan

Strengthen the DPP

The terse tone in the exchange between AG John Jeremie and former DPP Geoffrey Henderson must be a cause for concern. The nation owes Mr Henderson a huge debt of gratitude. The pressure applied by the AG was intense, and cannot be casually dismissed, because it was being applied in sensitive, high-profile matters involving opposition politicians/supporters.

I doubt Jeremie showed similar interest in ordinary cases, and hence the cause for concern. To mask this dedicated focus on certain cases with a distinct political flavour behind a genuine constitutional concern by the AG for accountability to Parliament is naive and absurd. There are many ways to skin a cat, and it seems as if the PNM was trying to bully the DPP to have its way. The correspondence was not in the nature of consultation, but rather an overstepping of boundaries.

Jeremie’s tone was that of a condescending schoolmaster to an errant student. The power to institute and continue criminal proceedings was vested in the DPP by the framers of our present constitution, because of fears that were expressed about the possible manipulation and misuse of such an important function. Well-timed criminal prosecutions against political opponents or supporters can create a much-needed distraction, and divert attention from what the Government is doing or not doing. It takes the heat off.

If charges are laid on the eve of a general election, this can boost the political fortunes of one party.
(Remember how Basdeo Panday was forced to face the electorate with an undetermined rape charge hanging over his head, while the magistrate withheld his decision until after the elections? That was wrong and the court should have given its decision instead of playing political limbo.)

Independent budget

The Anti-Corruption Bureau takes its orders from and reports directly to the AG. It was the UNC, under Ramesh, who created this, and Jeremie has gleefully embraced this inheritance. Panday had accused Ramesh of using this unit as a private police force under his direct supervision and control, for the purpose of investigating his own Cabinet colleagues for corruption.

He accused him of building private dossiers with the intention of blackmailing his own colleagues into supporting him as political leader. Ramesh claimed he was simply carrying out his duty as AG by investigating political corruption. Dr Keith Rowley has made a similar allegation now. Word is Jeremie is the hatchet man to finish off the job Bridgid Annisette-George couldn’t: to prosecute Rowley.

The Anti-Corruption Bureau will be the private police army that can secretly do the bidding of the party in power. It can bypass the regular Police Service and its hierarchical chain of command from the Commissioner of Police. Mr Jeremie is their Commissioner of Police. The main criterion for appointment and retention of officers in this elite unit is political loyalty. These officers are the envy of their colleagues, who face bullets and bandits, as they work in beautiful offices and are given special allowances that significantly inflate their regular remuneration package.

If anything, it is the DPP who should have this Anti-Corruption Bureau under his command. The DPP has no resources to investigate corruption, and is an independent official who is better-placed than the politically appointed AG to operate an anti-corruption agency that can function as a watchdog over the politicians and other state officials. Also, the DPP should have an independent budget, so that he/she does not have to go cap in hand to the AG to beg for money to buy anything from a paper clip to a photocopier.

Political influence

This lack of financial independence undermines the independence of the office of the DPP, and gives the AG (and by extension, the ruling party), a “hold” over the DPP. Accountability can be secured by the laying of an annual report in Parliament, like the service commissions and independent external audits, to ensure that the monies allocated are being properly spent.

The creative and innovative techniques employed by Jeremie to undermine the DPP and usurp his function as chief prosecutor must ring alarm bells. He was acting as if he is the DPP’s boss. Demanding that he, AG, must have the right to select a lawyer of his choice to prosecute criminal cases against opposition politicians is dangerous.

Political parties all have their legal loyalists, who contentedly feed at the trough of the nation’s treasury, wearing the disguise of “independent” counsel. It is a “lick arse” culture of the highest order, with its own unique system of incentives and rewards as gifts of senior counsel appointments and juicy briefs are dished out. An independent budget for an independent DPP will minimise the opportunity for political influence, be it direct or indirect, and whether under Ramesh or Jeremie.

By Anand Ramlogan

Summit talk wasn't cheap

The Summit of the Americas has, in the past, been nothing more than an expensive talk shop. It reinforced America’s dominance and underscored the Bush administration’s arrogance and lack of diplomatic skills. 

Obama’s down-to-earth charm and likeable personality have, however, made the recently concluded summit a meaningful one. President Obama was elected on a platform of change that condemned the partisan and narrow approach of Bush. One conspicuous manifesto difference was in the area of the US foreign policy and international relations. Obama promised to create an international partnership, a global joint venture, based on the fact that we must all co-exist and share this planet and had common problems and goals. Global warming, international trade, the scourge of human and drug trafficking require a joint global initiative.

Obama’s promise to end America’s dependence on non-renewable resources such as oil and gas will affect many countries and force them to re-think their economic strategies for future development. The weakness of the American economy has fortunately, been matched by a strengthening of the presidency with the election of Obama whose oratory skills are unmatched. Many countries would have poured scorn on the new face of the US, and flippantly dismiss it as the by-product of a suddenly vulnerable economy. Obama has, however, managed to avoid this because his post-election policies and actions have matched his pre-election platform rhetoric.

Refreshing change

Thus, his recent visit to the Middle East was hailed a success and refreshing change that could lead to greater co-operation. The difference in America’s attitude in international politics is also boosted by the tangible difference in Obama being the first black president and the worldwide hatred for his unimaginative, bland, war-hungry and arrogant predecessor George Bush.

The Summit, therefore, came at a critical juncture. A worldwide recession, a vulnerable weak US economy, global issues driven by economic and social considerations that individual leaders cannot ignore, the rise of Chavez, the “fall” of Castro and the fact that the Summit took place in the Caribbean, which has, in recent times, maintained friendly relations with Cuba, are all novel considerations. The Prime Minister of Trinidad and Tobago must be given credit for his consistent position on the need to develop friendly relations with Cuba. The fact that he entrusted his health to Cuba (paid for by the Cuban government and all) speaks volumes. Caricom’s official exclusion of Cuba is just a formality. No one really supports the anti-Cuba policies of the US towards Cuba and if anything, Fidel Castro is widely admired for his defiance and considered a hero to many.

This Summit was widely expected to be just another expensive talk shop, but the rhetoric from Venezuelan President Hugo Chavez upped the ante. The ALBA meeting in Cumana hosted by Chavez on the eve of the summit in T&T was a master stroke. It identified Chavez as an important figure in the Americas that President Obama cannot afford to ignore. Obama had to respect Chavez. The rejection of the pending Summit declaration and the warning from Chavez that he will not tolerate disrespect, but Obama’s superb diplomacy softened the aggression from opponents. From a Caribbean perspective, this was a good time to reinforce our special position in the Americas. We are geo-politically strategically positioned between the USA and South America and the downturn in the US economy means that we must explore non-traditional ideas.

Exclusive focus

The almost exclusive focus on the US has to change and it is time we make better use of our prized location and improve our social and economic ties with South and Central America. The US cannot expect to preach change, but not be willing to allow its allies to change as well. There is no need for the Caribbean to be shy about wanting to improve its relationship with Cuba. Hopefully, Obama’s much-anticipated announcement that the US will now allow its citizens to travel to Cuba will act as a catalyst in this regard. The other main issue is the plight of Haiti. People are suffering so badly, the poor must survive by eating mud pies, and bloodshed is the order of the day as armed gangs run amok ever so often.

America spent billions to invade Iraq, but has not done enough to co-ordinate a proper response to this terrible human crisis in its own backyard. This Summit was a proud and historic moment for our tiny twin-island Republic. It is a vision of PM Manning that has come to fruition at great cost to our public purse, but should be viewed for now, as our contribution to the development of the Americas and world at large. Talk, in this case, wasn’t cheap and I hope that what was discussed by the leaders brings meaningful change to the lives of the ordinary folks the world over.

Talk is cheap, Mr Philbert

How did Debbie Ramsingh die? Was she murdered, or did she drown? What blame should the officers at Debe and Barrackpore police stations take for her death? These are some of the questions that flashed across my mind when I read about the death of this young mother of a two-year-old daughter.

Ramsingh fell into a river while trying to get away from a gang that pursued her in the dark along the river bank. The trouble started when Ramsingh refused to dance with a man at the “Big Apple” club in Debe. She was assaulted by a gang of seven men who chased her outside. Some of the men caught her brother Randy and tried to drown him, but he managed to escape with the help of his brother, and then they ran straight to Debe Police Station to seek help for their sister (who they thought was hiding from her attackers in the bushes).

Debe Police Post is less than a minute’s drive from the scene of the crime. The brothers begged the police to return with them, so that they could find their sister. They were told the scene of the crime was “outside of their jurisdiction,” and were, instead, directed to Barrackpore Police Station.

Forty-five minutes later, the desperate brothers arrived at Barrackpore Police Station. The two officers on duty refused to leave and bluntly told the men that their sister “had probably run away with a man, and was in a house with the same men who chased and attacked her.” With no help from the police, the Ramsingh family searched endlessly, until Debbie’s lifeless body was found.

Our new and well-intentioned acting Commissioner of Police, James Philbert, came out shooting from the hips after a retreat in Tobago: “We are about service and assisting the public, and the way some officers interact with the public will no longer be tolerated,” said Philbert. Unfortunately, Mr Philbert is yet to tell us what action he has taken against the indifferent and insulting officers from the Debe and Barrackpore stations. Could they have prevented Ramsingh’s murder/death?

Two years ago, Philbert’s predecessor, Trevor Paul, had announced that police officers were not entitled to turn victims away on the nonsensical basis that the crime scene did not fall within their district. Nobody knows the boundaries of the districts of police stations. Trinidad is a tiny island, and it is expected that victims would rush to the nearest police station for assistance.

The indifferent and nonchalant attitude of police officers, who invoke arid technicalities like: “It not in our district,” has caused enough grief and suffering, and Mr Philbert should now make it clear that officers are not entitled to turn away victims on such ludicrous grounds.

The call for greater co-operation from the public by Philbert will never be heeded, unless officers change their attitude and understand that they are there to serve the public. The much-needed transformation to change the culture from arrogance and brawn to polite and sensitive customer service is yet to happen.

Every week people visit my office to complain about the attitude and behaviour of officers. My nephew was robbed recently at gunpoint in Barrackpore, when he stopped to grab a quick bite after a hard day’s work. When he visited the police station (five minutes away), the officer made fun of him, asking numerous senseless questions. The officer foolishly treated his distress as a source of amusement. His colleague indicated that it was late, and hence my nephew should come back the following day to make a report. There was no attempt to rush to the crime scene to make an effort to nab the robbers.

A bar owner was robbed at gunpoint in Reform Village, but the bag that was snatched from the owner’s hands did not contain the day’s sales, but her lunch containers. The constable on duty at Gasparillo Police Station was so insensitive that he left the victim in tears. He was rude and interrogated the woman as though she was the criminal. He demanded she disclose the value of the empty lunch containers, despite the poor traumatised woman’s pleas that she did not know the exact value of the containers, and refused to take a report.

Stories about the stupid attitude of police officers abound. Their arrogance and insensitivity have eroded public confidence, to the point where people refuse to subject themselves to further predictable trauma by going to make reports in the police station.

Unless Mr Philbert can come up with a plan to monitor the reaction, interaction and response of police officers to members of the public who visit police stations, his call for greater co-operation from the public in the fight against crime is bound to fail.

Our police stations operate like branches of the central statistical authority, where they simply record the commission of crimes, but do precious little about solving them. They seem more interested in delaying and dilly-dallying, so that criminals are given enough time to escape before they visit the crime scene. The atmosphere in the police station is cold, uninviting and unwelcoming. Victims are nervous because they seldom expect a friendly and helpful encounter with the police.

There is a proud reputation of non-service in the Police Service. Mr Philbert’s humility and tireless efforts in his short stint as police commissioner, thus far, is worthy of commendation, but talk is cheap, and action is rare and precious.

By Anand Ramlogan

Thank God for Gail

The fiasco of Gail Merhair’s vote in favour of the Government, which allowed it to postpone local government elections for yet another year, would be laughable, were it not for the serious issue involved. Senator Merhair’s logic has been exposed by all and sundry as being fundamentally flawed. She has embarrassed and proven herself unworthy of an independent senatorial appointment and should resign.

The function of an independent senator is not to preserve the status quo by voting with the Government. This is the role of the President of the Senate, who has a casting vote and conventionally votes to support the Government.

Fail people
Merhair said to vote against the Government would conflict with the role and function of an Independent Senator who should not thwart or taunt the will of the Government. This is absurd, to say the least; more so because the goodly senator was severely critical of the move by the Government to further postpone the local government election yet again. I join the growing chorus of voices calling for Senator Merhair’s resignation. By her own admission, her misunderstanding of the role of an independent senator disqualifies her from remaining in the Senate. Unlike the PM, the criteria for the appointment of an independent senator are not the same as the appointment of government ministers. (These criteria, you may recall, according to Prime Minister Patrick Manning, are simply “a level head and common sense.”) Section 40 (1) (C) of the constitution mandates the President to appoint nine independent senators in his own discretion “from outstanding persons from economic or social or community organisations and other major fields of endeavour.”

Stupidity and incompetence, unfortunately, do not disqualify people from becoming ministers or senators. If such criteria govern these appointments, there would be many vacant chairs in Parliament. Ms Merhair may have been a lot better off, if she had simply kept her mouth shut as to why she voted with the Government, in observation of the wise saying that it is sometimes better to keep your mouth shut and let people think you are a fool, than to open it and let them know that you are one. Her partner in crime, Senator Michael Annisette, seems to have followed this advice, and should, perhaps, put an end to this charade, and simply sit among the PNM senators. One of the interesting issues that have always concerned me is the position taken by independent senators who are appointed ex-officio or by virtue and because of the office they hold.

Thus, Senator Noble Khan was appointed an Independent Senator because he was the president of the Inter-Religious Organisation; Mary King was appointed because she was the head of Transparency International; Michael Annisette was appointed because he was the head of a trade union; Gail Merhair was appointed because she was head of San Juan Business Association.

Are these people not meant to consult their respective organisations before they assume a position on sensitive and critical pieces of legislation?  And should their appointment continue if they cease to hold such office? Surely, the idea was to bring to the debate a different, unique perspective, informed and influenced by the experience and aims of these organisations. The nine independent senators are meant to embody and reflect the public’s conscience and feelings.

PNM corpses
Unlike government or opposition senators, they are not required to toe the party line. These appointments are critical to our democracy, because other senators and elected MPs would normally vote along party lines. Weak appointments to the independent bench undermine a critical plank in the foundation of our parliamentary democracy, and should not be supported. Senators Merhair and Anisette have voted to frustrate and suppress people’s democratic right to vote. It is a shameful and disgraceful display of abdication of duty. They have failed the people. Winston Dookeran and Basdeo Panday should be the only ones to thank God for Gail, for the only good that can come out of the postponement of the local government elections is the avoided embarrassment of the opposition parties and the further strengthening of the PNM control of local districts.

There is no doubt the PNM would have wiped the floor with the UNC and COP if local government elections were called. Political unity remains a distant dream with Panday refusing to budge and Dookeran formulating his call for unity as “it’s simple; just come and join the COP.” Panday refuses to go and will hold on to his cherished seats while Rome burns. He has reverted to his old hobby of fighting internal battles so that he can boast of how many bodies he has buried in the political cemetery. Alas, he has buried only his own; none of the corpses came from the PNM.

By Anand Ramlogan

Thanks to Digicel

Could someone explain why Indian men are so scarce in advertisements? In a country where we’re hardly a minority the conspicuous absence is glaring and shocking. Is it that we have no purchasing power and companies can therefore comfortably ignore us with impunity?

This is one of the sorest points with the Indo-Trinidadian community and is often used or misused to buttress perceptions of and discussions on discrimination, alienation and marginalization. I am sick and fed up of hearing people complain about how interracial or mixed couples are always portrayed by reference to a non-Indian man. Women of all races (and yes, quite a lot of good looking Indian ones too boot) are frequently shown as partners or spouses of African, Mixed and White men but it is as if it is criminal offence to show them in a relationship with an Indian man. Small wonder it is used as ammunition and evidence by those who believe in sinister conspiracy theories about this being part of the attempt to assimilate or ‘douglarise’ us.

Indian men are relegated to the mandatory rum and roti advertisements or flour and oil. And of course, the Clico ad about the rural rice farmer ‘who knows where to go for good financial advice.’ The pot-belly, lethargic stereotype from the countryside features a lot but its bad advertising to show young good looking Indian guys in ads. We don’t go to gyms or play any sports and hence don’t look good enough to be associated with any product.

I was thrilled to see Dinesh Ramdhin and Ramnaresh Sarwan featuring in a Digicel advertisement with Chris Gayle on the cover of Air Caribbean’s magaizine. In fact, Digicel’s advertisements have been a breath of fresh air! Digicel seems to have discovered we exist and have broken with tradition by using Indian men in its ads. (Mind you, we are yet to feature in any of the ads with sexy girls whispering sweet nothings into the ears of their boyfriends-that might have been pushing it too far!) No company has given us such prominence in ads before – thank you, Digicel.

Compare Digicel to BMobile. Imagine the world cup advert with our prince, Brian Lara calling friends to play cricket with a youth on the beach does not contain a single Indian in it! I wonder if BMobile would have ever dared to run such an ad with only Indians in it? If it did, I wonder how the non-Indian community would have felt.

Add this to the on-going BMobile soap opera with Margaret trying to use her hunky neighbour’s phone and all the other adverts and you will see that we Indian men are simply not the ‘smartchoice’ when it comes to BMobile! (And no, Spalk does not represent us, he is mixed). To make matter worse, the one Indian artiste BMobile sponsors (Raymond Ramnarine), has done his best to look like Shurwayne Winchester, cane rows and all, because he is in the midst of a grave identity crisis or thinks he would get further with his crossover music if he dilutes his Indianess. Sadly, he’s probably right.

When an Indian guy does feature in an ad, his role is peripheral and subsidiary. Even when it comes to little children, Indian boys are treated in a similar manner-never the centre of attention with the pretty girl.

I challenge readers to conduct their own informal survey. Even with kids, the discrimination is the same – Indian girls yes, Indian boys no or, with a minor subsidiary role. Scotia bank’s advertisement of its sponsorship of West Indies Kiddies cricket barely manages a token reference glimpse of an Indian boy. Could Scotibank have ever constructed this ad with a young Indian boy hitting a six and smashing the glass in the bank only to be comforted by an Indian bank manager? I doubt it.

Only this week, the press published pictures of Nataki Dilchan, a Clerk from the House of Representatives and Joseph Dipnarine, whose daughter was murdered. It reminded many that non-Indian women do in fact choose us as their life-partners. No ethnic group has a monopoly on racially mixed couples. Why not have some balance and reflect our diverse racial groups?

For those without the capacity to walk around in our shoes and see how nasty it feels to be treated as though we have the plague by the advertising industry, I have composed this poem for you to sing:

If yuh mixed, yuh fixed

If yuh Afro, yuh good to go

If yuh Indian, yuh just not Caribbean.

By Anand Ramlogan

The Archie Era

Appeals are normally heard by three judges in Court of Appeal. Three independent minds are supposed to review the reasoning and decision of the trial judge whose judgment is under challenge. I have often had cause to wonder if the three appeal court judges who hear the case actually apply their minds independently to the issues raised. This is in part because the Chairman of the panel (who sits in the middle) is the only one asking the questions while the other two, for the most part, remain silent as if they are there simply to make up numbers.

There may be many good reasons for this. Judicial protocol and respect for the most senior judge in the chair, discussions they may have had among themselves before coming into court about the appeal or the fact that there is no need to ask any questions in light of the questions already asked by the Chairman. There may be others such as the fact that the other judges did not read the papers and hence have no idea what is going on or that they have no knowledge or experience in the particular field of learning. In short, they are indeed just there to make up numbers so that the required quorum of three judges sits.

One judge who broke with the tradition of passive silence was Justice Ivor Archie. He was certain to pose his own questions and I always left with the feeling that he independently applied his mind to the case. This much is evident from the many individual judgments he has delivered to register his disagreement with the way his colleagues approached a case.

In Panday’s appeal, he wrote a separate judgment despite the fact that the senior judge in the chair, Warner JA wrote a judgment with which Weekes JA agreed. Archie was not afraid to record his own thoughts. In his judgment he explained that he did so because “there were some differences in emphasis in our respective analyses of the facts and law that make it clear that we have arrived at the same conclusions by a slightly different route.” In the case of Chandresh Sharma v The Integrity Commission he also wrote a separate judgment to separately record his views on the Freedom of Information Act.

Even when he was the most junior judge on the panel this did not faze him; he asked what was on his mind to ensure that he was personally satisfied. I have always looked forward to arguing appeals when Justice Archie was on the panel because I knew win, lose or draw, I was sure to enjoy the cut and thrust of the debate.

Passionate about the development of the law and quick to break into a frown or smile, Justice Archie is for certain, one of the favourite judges in the court. Whilst some judges remain expressionless and bland, his face is full of expression and his body language is emotional. This adds some colour to the otherwise dry (if not boring) legal proceedings. His enthusiasm and brilliance was no doubt quickly recognized by the judiciary as he soon started writing judgments for the court despite his relatively junior status. This is something of a rarity as junior judges are seldom given the task to write the judgment for the court.

In what I consider to be one of the best judgments written by a local judge, Justice Archie (the most junior on the panel), wrote the judgment in the Equal Opportunities Commission appeal case. Former Chief Justice Sat Sharma and Justice Kangaloo agreed with his judgment. Full of confidence, he was never overwhelmed by the occasion and immediately established himself as an intellectual force to be reckoned with. Unlike many judges, he has experience in both the criminal and civil arena and this is an invaluable asset as he will have to sit in judgment of cases from both spheres.

I am certain that the new Chief Justice would be on the receiving end of a lot of well-intentioned advice. My hope is that he will not age overnight and become yet another arrogant, bland, expressionless, perfunctory judge (we have enough of these already) whose lack of personality makes the journey for justice robotic and unexciting. Youthful exuberance is not a liability but an asset and our young CJ is sure to bring much-needed stability, scholarship, passion and change in the administration of justice. The next 16 years will be known as the Archie era. The justice system is in very good hands.

By Anand Ramlogan 2008-01-26

The Ghost of Baby Faith

The death of two-year old Luke Marshall will soon be forgotten by everyone except his parents and family. In seven days time some bigger news story will bump it off the radar and we will all continue merrily living our lives until the next child dies. That next child could be yours.

Three-year-old Faith Williams visited the Eric Williams Medical Sciences Complex (EWMSC) on August 31 for repair of an umbilical hernia. After the surgery, she mysteriously slipped into a coma. She was subsequently taken to the ICU and put on life support. Faith’s parents took her off life support on September 16. An autopsy showed that Williams died from primary hypoxic encephalopathy (lack of oxygen to the brain)—and secondary cause bronchopneumonia.

At the ICU they noticed her skin had become discoloured and an odour came from her body. They were told that only the life support machine kept her body functioning when in truth and fact she was decaying from within. The Williams’ said they got a run around for information.

The ministry subsequently suspended further paediatric surgeries and Health Minister announced that investigations would take place. At a media briefing on October 20 the health ministry announced it had received reports from surgeons, nurses, anaesthetic technicians, the ministry’s biomedical technicians.

In addition, a report was submitted by Dr John Mecklendurgh, a medical devices evaluator and senior lecturer from the University of Cardiff, Wales. The Minister said an independent panel would review the reports and changes would be implemented. The findings of the various investigations were never released to the media. A ward was supposed to be named in memory of Faith at the Wendy Fitzwilliam Paediatric Hospital.

Promises, promises.

Fast forward to the death of baby Luke. A two-hour wait in the casualty department, a stunning misdiagnosis of a build-up of ear wax, sarcastic nurses laughing at the mother because she wasting their time by bringing in her baby because ‘he sleeping too much’ and no proper diagnostic tests. The mother’s complaints were totally ignored. She was desperately trying to explain that the child could no longer walk, had undergone a dramatic change in personality and could barely wake for more than an hour to watch his favourite ‘Dora the Explorer’.

An outraged Trini from the US sent me the following email:

“I am a neurologist in Florida. I have read about the death of the child recently at Mt Hope. The history given by the parents was strongly suggestive of a central nervous system disease process and not wax in the ears-pulling on the ears, change of behaviour (not being his normal self), not playful, excessive sleepiness, difficulty to walk and unsteady legs causing him to fall. The child needed admission and investigation. A CT scan of the brain and then a spinal tap would have definitely clinched the diagnosis so the child could be treated.

Some doctors and nurses must respect their limitations since they do not know how to diagnose and treat all the disease processes that exist. When in doubt they should investigate or ask for a specialist's opinion. Wax in the ears does not cause this type of clinical presentation.”

No one person is to be blamed for the death of baby Luke. A patient is supposed to be managed by a team of doctors comprising doctors and nurses with varying levels of seniority and expertise. There is an inherent check and balance in the system because it is constructed to take into account that human error is possible and that there exists the possibility of more than one diagnosis. This child’s death was caused by a complete break down in the systems and procedures at Mt Hope.

The investigation promised by the Ministry of Health should be conducted by external independent health care professionals from countries that have attained vision 2020 status. Baby Faith William’s death has proven that the Ministry and hospital investigating itself is a joke. It is left to die with time and everything is swept under the carpet just like the report from the Gladys Gaffor Commission of Enquiry. Its time to forget the jet and palace and think about our children.

But why bother, Manning seeks medical treatment in Cuba, not Mt Hope and his AG went to a private nursing home in St Clair when she fainted. Baby Luke had no choice but to go to Mt Hope. What about your child?

By Anand Ramlogan 2008-03-15

The Invisible Hand

GOPIO President Devant Maharaj was bypassed for promotion to the position of Secretary to Board of Directors in favour of Ms Phyllis Borde. He complained that there was some sort of political conspiracy to railroad his career and that the invisible hand of the political almighty was inside the cookie jar. The High Court granted a declaration that he was treated unfairly, contrary to the principles of natural justice and the regulations that govern the NLCB.
 
 Discrimination and political victimization are very difficult to establish. Maharaj is a prominent Hindu activist and has recently declared his support for Winston Dookeran’s party. He has been vindicated. Sadly, his case is neither exceptional nor unique.
 
 The material facts were that Ms Phyllis Borde’s substantive position was that of Auditor II (Range 42). Maharaj was the Marketing and Public Relations Officer (Range 46) and therefore senior to her. Maharaj was therefore bypassed in favour of a junior officer. I pause to point out that there is nothing wrong with this. Promotion should not be based on seniority but merit and ability and Maharaj was well qualified for the promotion. Political prejudice and bias however, should never be allowed to infect and taint the promotion process. In this case, Borde’s promotion was virtually secretly orchestrated at Maharaj’s expense.
 
 The fact that the Board of the NLCB is appointed by the ruling party means that employees should be protected from political interference in their careers. The Service Commission ‘is meant to be a virtual iron curtain separating the careers of these officers from the political directorate’.
 
 Mr Louis Lee Sing, Chairman of the NLCB board strongly recommended Ms Borde for the promotion. In the words of the court, he was “the worst choice” to pen such a recommendation because ‘the danger exists, whenever a political appointee gets involved in promotions or appointments that the iron curtain of insulation from political interference will be (or appear to be) lifted.’
 
 The court criticized the Service Commission for secretly meeting to make the promotion without even advertising the post as required by law or notifying Maharaj as the most senior eligible candidate that it was about to fill the vacancy so that he could apply for same. It blindly accepted Lee Sing’s ‘influential’ recommendation and unceremoniously bypassed Maharaj. The court also criticized the Commission for failing to disclose copies of all the letters that Lee Sing had written to it concerning Maharaj saying the reasons given by the Commission were ‘not impressive’.
 
 In criticizing the role of the politically-appointed board, the court said “the clear favourite of the Chairman and probably the other non-executive board members was Ms Borde. Unconscious influences are sometimes very powerful. The will of the non-executive board might find its way into the independent conference room. There is no gainsaying the fact that a politically appointed chairman speaks with the weight of higher authorities that may be perceived as the most powerful in the land. The weight of his recommendation is now out in the open.’ The invisible hand was revealed.
 
 Justice Aboud, in a paragraph that is likely to be referred to and quoted by many other judges for a long time to come concluded with the following words:
 
 “It is the duty of the Commission to scrupulously, if not slavishly, follow the regulations. They are designed to keep national politics out of the boardroom but not to the extent that the Commission should be blind to “office politics”. These officers are intended to serve the statutory authorities regardless of which political party has appointed their Chairman and board. In some cases, their interventions are meant to keep a welcome check on the politically appointed board by advancing the objects and aims of the statutory authority whether it is politically correct or not to do so. The Board will have its mandate from politicians, but that is a mandate to chart the policy of the authority. It is not a mandate to micro-manage the organization or to interfere in the careers of its officers. Likewise, there is no role for national politics in the conduct or action of these officers….Too often we import politics into places where politics has no place, and I regret to say that, despite all that has been said, or left unsaid, that national politics is oxygenating the events that has brought these parties to my court.”
 
 The court concluded that the decision-making process used to appoint Ms Borde was flawed and that Maharaj was justified in complaining that he was the victim of unfair treatment.
 

By Anand Ramlogan 2007-08-17

 Next Week: Unveiling Unfairness

The Presbyterian Mafia

Mr George ‘Umballa’ Joseph (who is a popular radio talk show host with Louis Lee Sing’s radio I 95.5FM), recently lost a libel case before Justice Peter Jamadar. He had sued UNC’s Harry Partap and the Newsday over a letter to the editor which the former wrote in response to his claim that ‘UNC MP’s were all malicious’. During the course of the trial it emerged that Umballa had used remarks ‘which, in the context of the history and sociology of Trinidad and Tobago were clearly derogatory and demeaning.’ Such terms included “damn United Nasty Canesuckers”, “United Nasty Canecutters” and “United Nasty Coolies”.

Since then, Umballa has boldly repeated these obscene, not-so-veiled insulting references to the Indo-Trinidadian community. Apparently it never dawned on him that if Indians responded by saying the PNM stood for ‘People’s Nigger Movement’ and ‘Plenty Nasty Mulattoes’ our country could just descend into a nasty racial abyss. In the meantime, the Telecommunications Authority stands idly by, afraid to touch Umballa, presumably because the station’s close ties to the government.

The day after he lost the case, Umballa and Lee Sing launched a scathing attack on the judiciary that suggested that it was not possible for ‘poor black people’ to get justice in this country. The idea and message is clear: black people could only get justice from African judges. Umballa went further, hinting that there was a Presbyterian mafia in operation, making snide references to that fact that it was the same Jamadar who ruled that the Trinity Cross was discriminatory. No mention is made of the fact that Justice Jamadar openly declared to the lawyers and litigants that he was an Elder in the Presbyterian Church (as was Partap), and would gladly disqualify himself from hearing the case if either party so desired and no objection was taken.

The facts are distorted to imply that the judge was biased because he was an Indian Presbyterian and did not disclose this. His judgment in the Trinity Cross case is prejudicially referred to as evidence of some deep-seated undisclosed political/racial/religious bias that affected and influenced his judgment in dismissing Umballa’s case. No mention is made of the fact that this was the same judge who decided the Ken Gordon ‘pseudo-racist’ case against Panday and ordered him to pay $600,000. plus interest. Instead, he is part of some hitherto unknown ‘Presbyterian Mafia’ that has been secretly operating in this country.

Attacking the judiciary is a favourite hobby of politicians. Panday is the chief culprit, having constantly attacked the system, claiming he cannot get a fair trail of genuine justice here. This, notwithstanding the fact the historic ruling by three non-Indian judges in the Court of Appeal in his favour. Ramesh, his AG wasn’t exactly backward either, having suggested that Justice Archie would have been biased in hearing the Gypsy and Chaitan election petition cases because he had been denied a housing allowance.

Manning almost toppled the judiciary by going for the jugular in his thus far failed attempt to remove the CJ. Political manipulation by PNM spin doctors (such as Umballa), have led to the portrayal of CJ Sharma as a Hindu, Indian extremist who is a die-hard UNC.

The latest salvo came on Friday, when Minister Ken Valley sought to defend his political leader who lost a case regarding an attempt to transfer Foreign Affairs Officer Feroza Ramjohn because he deemed her a threat to national security by accusing trial judge Justice Amrika Tiwary of being biased. Mr Valley actually described her as ‘a UNC’ and promised that the government would appeal the case all the way to the Privy Council.

Our country is small, politically and racially divided. It is not that judges are above criticism. No one and no system is perfect. The tentacles and influence of politics reach into every institution in every country. Responsible and justifiable criticism improves the administration of justice by highlighting unwanted negatives but unjustified attacks by unsuccessful litigants bring the administration of justice into disrepute. By and large, our judiciary is intelligent, well-qualified, independent and fair. Even where there may be grounds for perceptions of bias (such as previous political affiliations or family members who are actively involved in politics) these individual judges oftentimes try doubly hard to be fair because they are aware of these perceptions.

Judges are at a great disadvantage because they cannot speak out on matters that affect them. It is our duty as a society to protect them from unjustified and malicious criticism by those who should know better.

By Anand Ramlogan

2007-05-05

Site Administrator's note:
This site commends Dominic Kalipersad, Editor-in-Chief of the Trinidad Guardian, for his courage and leadership in promoting Freedom of Expression through his newspapers.

The Rescue Mission

The much anticipated and dryly predictable suspension of the Chief Justice surprised few because the battle lines were irreversibly draw some time ago. There are several nagging issues about the manner in which this second round of impeachment proceedings and suspension has been handled. The scandalous refusal of Chief Magistrate (“CM”) Sherman Mc Nichols to testify at the long awaited criminal trial against the CJ seriously undermined his credibility. Mc Nichols’s competence and character was dealt an even more damaging blow by the decision of the Court of Appeal that he mishandled Panday’s trial by failing to disclose his financial interest in a land transaction with one of the witnesses. The expensive legal battle that preceded the criminal prosecution of the CJ came to naught.

The Judicial and Legal Services Commission (JLSC) quite rightly appointed High Court judge Justice Sebastien Ventour to investigate the actions of the CM to see whether there was any basis for disciplinary action and charges of misconduct. According to media reports, the Ventour report was submitted to the JLSC a few months ago. The JLSC has thus far ignored this report. It has failed to make a decision in accordance with the findings and recommendations of its own investigator.

This is a delicate and sensitive constitutional matter involving an alleged political conspiracy to remove the head of the country’s judiciary. The CM is entitled to be publically vindicated if the report cleared him of any wrong doing. Conversely, the nation is entitled to know whether the CM misconducted himself and should be disciplined.

CJ Sharma has functioned as a judge in the Court of Appeal in very few cases since his reinstatement. The uncertainty of his position made this the proper and most appropriate course to follow as litigants could be forced to re-argue their cases afresh (at their own cost) if the CJ was suspended before judgment was delivered in their appeals. In stark contrast the CM has continued on his merry way as if nothing has happened, oblivious to the fact that he is under investigation and may be charged and suspended from office. He has continued to start new cases even though he is yet to complete and give decision in many old ones such as the infamous air port corruption case. Is he ‘padding his statistical resume’ to make suspension difficult?

Had the JLSC acted in a timely manner one wonders what impact a decision to charge and suspend the CM would have had on the question of whether the President should have suspended the CJ. It would have certainly made the Prime Minister ‘pause for a cause’ and reconsider their position in light of all that has transpired.

The deliberate delay and inaction on the part of the JLSC regarding the Ventour report created a politically convenient window of opportunity for the PM to suspend Sharma without having to deal with the obvious difficulties the suspension and charging of his main witness would have been caused. It is almost as if the JLSC was waiting, just to accommodate the PM. Questions are now being legitimately asked about whether the JLSC is part of the political conspiracy to remove the CJ because its members are known to hold lucrative public offices controlled by the government. Quite a few commissioners owe the government a debt of gratitude for their appointments to these public offices which are known to be in great demand because they are excellent post-retirement career options. Rest assured the JLSC will not suspend Mc Nichols even if he is charged.

It is clear that the government wanted to remove CJ Sharma on the eve of the next general election. I predict that the PM will now set the date. Sharma must by law retire in January 2008. He has been suspended in circumstances where the impeachment tribunal is not functioning and no date has been set for the commencement of the impeachment proceedings.

It is clear that the government intends to drag the impeachment proceedings until after the general election and possibly after January 2008. This would explain why such basic preliminary matters like a secretariat have not been established to enable the tribunal to commence sitting.

What has occurred is nothing short of a bloodless palace coup. The government has terminated the career of a distinguished judge who rose through the ranks as a career judge after a lifetime of public service. The CJ is their political hostage and the cruel irony is that the government is in control of the rescue mission.

By Anand Ramlogan – 2007-06-16

Together we aspire

Two weeks ago, I published statistics compiled by Richard Thomas on the ethnic composition of the hierarchy of the boards and upper management of state enterprises. The grave racial imbalance against Indo-Trinis prompted a virtual avalanche of e-mails. Many complimented the laborious tasks undertaken by Thomas in compiling these statistics, and offered further evidence in other state corporations that served to worsen the imbalance. For example, a visit to TTPost’s Web site shows that Indos are excluded from its board and management team.

I was at pains to highlight the fact that the reverse of this racial imbalance probably existed under the UNC Government. This past week we have been trying to compile similar statistics to do a comparative analysis under the PNM and UNC for the same corporations. Unfortunately, T&T does not compile race-based statistics, and hence this task is proving to be a herculean one. One explanation for this is the obvious fear of what these statistics may reveal about the approach of both parties to governance, as our political culture has created a handicapped nation forced to hop on one ethnic foot at a time.

Our concept of participatory democracy is limited to a dip in the ink every five years, and the accepted virtual exclusion of the other major ethnic group in the intervening five-year period until the next general elections. I welcome assistance from anyone who may be able to help in the compilation of comparative data during the tenure of the UNC and/or NAR. In the meantime, however, I now publish the present situation under PNM in the form of a pie chart and bar graph. A picture, as they say, tells a thousand words. Together we should aspire so that we can achieve.

By Anand Ramlogan

Too Much Secrecy

The need for transparency and integrity in public life is based on the fact that public officials and institutions are financed by and spend money that belongs to the people of this country. The public's 'right to know' stems from this simple fact. Unfortunately, far from accounting to the population, pubic authorities disconnect themselves from the people and govern with a sense of condescending arrogance.

Towards Swift Justice

Last week, I had the opportunity to observe the British system of criminal justice in operation. One of the judges allowed me to sit with him and observe the proceedings. The trial concerned a robbery that was committed six months ago. The trial was concluded in one day and the convicted offender will be sentenced this week. As I listened, my mind wandered back to the outdated, archaic system we have that allows cases to drift aimlessly through the system for several years so that witnesses could get frustrated, lose interest or be killed.

What is it that allows this efficient pace of criminal justice in London and why can we not implement similar changes to improve our own system? Now that John Jeremie is back, perhaps he can explain why we haven’t abolished preliminary inquiries (a preliminary investigation by a magistrate to determine if there is sufficient evidence to allow the case to be tried by a judge and jury). As Dana Seetahal pointed out two weeks ago, many of our Caribbean neighbours have already done so with little fuss. The endless delay caused by this unnecessary procedural step has made a mockery of the criminal justice system. Current examples include the inquiries into the murder of Vindra Naipaul, the kidnapping of toddler Sada Singh and the airport corruption cases.

Excise the preliminary inquiries that have taken so many years in these matters and by now, the trials would have certainly been completed. The abolition of preliminary inquiries brings immediate results as the workload of the magistracy will be halved at no cost to the government. This change requires legislative change that has not been a priority for the Government. If Mr Jeremie is serious about improving the administration of justice, this is an easy measure that will bring great, much-needed relief to the overburdened magistracy.

Sufficient evidence
Paper committals (whereby magistrates can commit an accused without conducting a full-scale preliminary inquiry if, on the papers, there is sufficient evidence to justify a trial), did not do the trick as magistrates have not made proper use of this procedure. The Criminal Justice Reform Division described the implications of the further policy change of outright abolition as follows: “The abolition of committal tackles delay, and, therefore, enhances the right to swift justice. Meanwhile, the right of individuals not to be sent to trial unnecessarily is protected by the defence right to make an application for dismissal to the Crown Court (our High Court), and by the independence of the Public Prosecution Service (in our case, the DPP), which decides whether there is enough evidence to justify proceeding with a case.

The Government’s policy is to abolish the committal system in the magistrates’ court and replace it with a system whereby cases would be sent to the Crown Court without a committal hearing. A case would be sent when the court is satisfied that the case is suitable to be tried on indictment and is in a state of readiness. The defence would have the right to apply to the Crown Court, either orally or in writing, for the charges to be dismissed. It would be up to the judge to decide whether or not, in the interests of justice, oral evidence should be heard. This policy is broadly consistent with developments in England and Wales, the Republic of Ireland and other common law jurisdictions.” All the courts are outfitted with digital recording devices. The evidence is transcribed if there is an appeal. Evidence is normally taken in the form of a witness statement and cross-examination is, therefore, more focused. Electronic tagging monitored by the police is part of creative sentencing that has discouraged defendants from committing further offences.

Crime pays
The malfunctioning criminal justice system encourages criminals and makes crime pay. If you’re innocent, you’re happy for early vindication; if you’re guilty, the sooner you’re made to realise that crime doesn’t pay the better. The present situation is so bad that witnesses are frustrated, intimidated and fed-up so there is no justice for many victims. Criminals manipulate the system and roam free whilst on bail, often-times committing more offences.
The legislative agenda of the Government has not given crime the priority it deserves. There needs to be a dedicated focus on the urgent need to improve the administration of justice.

In many cases, where legalisation has been passed, it is yet to be implemented (the breathalyser and the DNA lab come to mind) and one cannot help but question the seriousness and bona fides of the Government regarding the burning issue of crime. As the bodies continue to pile up, the stench of inaction by the Manning administration becomes more and more pungent. Time will record that Manning presided over the most murderous and treacherous time in our nation’s history without even acknowledging it as a problem.

By Anand Ramlogan

Twists and Turns

In this never-a-dull-moment country of ours it is always a challenge to choose a single topic for discussion, hence today’s roving commentary.

Road carnage

The pathetic response of the police to the numerous road accidents (fatal and non-fatal) shows why we will have to keep pulling twisted bodies out of twisted wrecks. Constantly appealing to drivers to be more careful has not worked in the past but seems to be the only strategy thus far.

The breathalyser will certainly be a breath of fresh air, but the slow pace of prosecution and conviction in the courts will undermine its impact as a deterrent to drunk driving. We fail to realise that an effective and expeditious justice system is a necessary and natural complement to law enforcement.

Drag racing

How can the police claim to be serious about enforcing discipline on the roads when they support, condone and encourage illegal drag racing? Every weekend illegal drag racing takes place along the Rienzi-Kirton Highway, alongside Skinner Park in San Fernando. Hundreds of youth gather by the burger stalls in front of the Cross Crossing Shopping Complex with pimped wheels ready to make an impression. These fancy cars violate almost every single law in the Motor Vehicles and Traffic Act. They convert the road into a private drag racing circuit under the watch of officers from the San Fernando Police Station and the Marabella

E 999 Response Unit.

I have witnessed uniformed police officers in marked police vehicles cordon off the road on Saturday nights to facilitate this illegal drag racing. Some officers come to buy burgers and take in the show as cars twist and turn, attempt stunts and veer off into the crowd. And don’t bother reporting the matters as a heavy bribe is paid to the police to secure their co-operation. The new Reform Bypass road is the latest competitive drag racing strip.

Police brutality

My client Pacheco Vincent whose four front teeth were cuffed in until they had to be removed and who was beaten with a piece of cable and PVC is one victim of abuse by police officers. Over five years ago Pacheco had made a complaint to the Police Complaints Authority (PCA) and to date the promised investigation is yet to begin. This case highlights, once again, the impotence if not incompetence of the PCA. The time has come for us to do a U-turn and review the efficacy of this important institution as less than 20 per cent of the complaints made are investigated. Are we serious about cleansing the police service of the negative elements?

UNC Alliance

The fundamental flaw in Panday’s laudable but meretricious leadership council concept is that it fails to take into account the fact that our political culture is based on the concept of a single leader who must be clearly identified. The inevitable question of the ultimate leader has, therefore, arisen and Panday must now navigate his way through this delicate and sensitive issue.

Panday has indicated that he has no interest in being leader of the council but it is unclear whether this means that he is no longer interested in being political leader of the alliance as he has cleverly twisted opened up the escape hatch with “it’s up to the people to chose their leader.” The fear of his dominating influence remains because, as the late Lloyd Best often said, he is the only genuine and true politician left.

One thing for sure, he understands the game and knows how to execute a U-turn with consummate ease. He’s in the news more than any other politician for sure. Dookeran is caught between a rock and a hard place. He can only unite if Panday is removed from the political equation because of the personal humiliation and overriding concern about his integrity. He also is concerned about the impact such a move would have on his now-not-insignificant political following that values a clean cut image and remains anti-Panday. The problem in all of this is whether Panday destroys Dookeran or vice versa.

I wonder what their epitaph would say. They might have won a single important personal battle but lost sight of the real war on behalf of the people. It is to be seen whether the masses can appreciate the integrity and principle in personality before politics and people.

by Anand Ramlogan 2007-07-15

Uncaring system

I had started a review on the judgment delivered by the Court of Appeal on March 3, in favour of Rajesh Mathura, who was attacked by prisoners in the cell downstairs San Fernando Magistrates’ Court. A prisoner tried to burn him alive by setting fire to his jersey. He was beaten over the head with a piece of iron and his back slashed with a razor blade. The officers took him out of the cell in a bloody condition and simply placed him in the prison van bound for the State prison. 

The other prisoners kicked the sides of the van and demanded that it stop and take Mathura for medical attention. An unconscious Mathura was eventually removed and taken to the hospital. The court found that Mathura “endured horrific and criminal acts of torture at the hands of fellow prisoners, some of whom were armed with prohibited and dangerous weapons.”
The court condemned the police for failing to protect and secure Mathura, and made certain observations that must bring change if we are to describe ourselves as a civilised society.

The court said: “In the event that holding cells were designed to house as many as 25 prisoners, albeit on a temporary basis, the police have a duty to ensure the safety of those who are in the cells, especially when the cells are overcrowded.

Real grievance

“While the police cannot guarantee the safety of every person taken into custody, what is required is that humane conditions exist within the cells and prisoners be thoroughly searched before being placed in the holding cells.” Those prisoners with violent propensities ought to be kept apart from others, and every effort should be made to ensure that prisoners on remand are kept separate and apart from convicted people. The treatment of prisoners has been the subject of judicial criticism and condemnation in many cases. But, by and large, little or no real change has occurred.

I have represented clients whose stories of torture and brutality made it difficult to sleep at nights. A prisoner is at the mercy of the officers in whose care and custody his future lies. With no real grievance mechanism in place to address the complaints of prisoners, decent human beings are transformed into beasts by an uncaring system that inflicts mental and physical torture and cruelty in a way that makes rehabilitation impossible.
The general attitude is that a prisoner is incarcerated for the purpose of punishment, and, therefore, has no rights.

Thus, young boys are raped, prison officers become unofficial pimps, and a man can be maimed for life for a precious pack of cigarettes or a cellphone. We can never progress as a nation unless fundamental questions are answered about what happened to Mathura. Who were the police officers responsible for searching the prisoners before placing them in a cell, in accordance with established police practice and procedure? If they were searched, who gave them prohibited weapons that could be used to inflict serious personal injury? Who were the officers who, despite Mathura’s bloodied condition, took him into the prison van for an hour-long journey to Golden Grove instead of the nearby hospital?How is it possible that the prisoners who maliciously wounded Mathura escaped conviction on the ground that the police prosecutor did not call upon Mathura to identify his assailant in court?

Radical reform

Why did the DPP not appeal the decision of the magistrate? Has the incompetence or negligence of the police prosecutor been ignored by the Commissioner of Police? Has disciplinary action been taken against any of the police or prison officers? Was Mathura the victim of a conspiracy between the police and unknown others? I have dealt with cases where police and prison officers were bribed to ensure that a certain prisoner is raped or harmed whilst in custody. Searching a prisoner before placing him in a cell with other prisoners is a basic and elementary precondition and step.

Sheer incompetence and gross negligence simply cannot explain how a prisoner ended up with a lighter, piece of iron and a razor blade in the cell to injure Mathura. There is, as we say, a lot more in the mortar than the pestle. Our nation seems to have lost its conscience, and I hope this case acts as a powerful reminder of the need for radical reform and change in the prison service. We will be judged by how we treat those less fortunate than ourselves, including prisoners who are human beings with human rights that the State should respect.

By Anand Ramlogan 2009-04-04

Understanding UDECOTT

 “In a small country which possesses enormous wealth, and in which allegations of corruption are rife, the government has proclaimed its commitment to accountability, transparency and integrity in public affairs.  The courts have a special role to play in protecting this ethos, particularly in State Companies, incorporated as private companies, with unlimited taxpayers funds at their disposal, and the freedom to by-pass the C.T.B.” - Former Chief Justice Sat Sharma in a judgment against UDECOTT in NH International v UDECOTT delivered in March 2006

By Anand Ramlogan 2008-05-03

2008-05-04 15:17 GMT - Site Admin Note:
See attached judgments from Justices Warner, Sharma and Kangaloo.

Vacuous Valley

It is with much amusement that I read about Minister Ken Valley’s apology and counter-attack in the Parliament over his injudicious statements about Justice Tiwary-Reddy. Valley attempted to defend his political leader PM Manning who had just lost a case because the learned judge found that the PM had acted unfairly and abused his power when he tried to block the transfer of a senior public servant who was entitled to serve in the London High Commission.

His political exuberance and blind loyalty caused him to unfairly brand the judge a ‘UNC functionary’. He said the PNM saw her as ‘a politician’. He promised that the government would appeal all the way to the Privy Council and be vindicated because of her bias. As I noted in last week’s column, attacking judges on the ground of political bias is one of the favourite pastimes and hobbies of all politicians. If they lose, they are quick to take pot shots at the court, knowing full well judges cannot defend themselves. If they win, they feel vindicated and have no complaints. Judges are therefore impartial and unbiased when they rule in favour of politicians, but not otherwise.

Valley defends his statements on the ground that they were mere unrecorded banter. He doesn’t deny accusing the judge of political bias but protests the fact that his comments were made public. As Leader of Government Business and an experienced Parliamentarian, Valley should know that banter and crosstalk however low and cheap, could never justify or condone such a baseless attack on a judge of the High Court. This is far too dangerous and delicate a matter.

Justice Tiwary was appointed a judge during the tenure of former CJ Michael DeLabastide. Surely Mr De La Bastide and the other members of the Judicial & Legal Services Commission (JLSC) were satisfied that she was well-suited and qualified to be appointed a judge. Why did Valley wait until the PM lose a case before Tiwary to make known his government’s view that she is a biased UNC functionary? Why did they not make a complaint to the JLSC before to have her removed

The judiciary is an independent organ of the State that must adjudicate on the lawfulness of the actions and conduct of the government. If it is attacked on the ground of political bias public confidence will be eroded and the administration of justice will fall into disrepute. The appearance of justice and the belief that justice can be done according to law and evidence is as critical as the actual delivery of justice. Valley’s attack on the judge was tasteless and wrong. It matters not that it was not recorded in the Hansard; it matters that he actually said it!

Valley criticized the Chief Justice for condemning his statements. He sees it as his privilege to attack a judge because she committed the criminal act of deciding a case against his political leader but seeks to deny the CJ the right to defend his judicial officers from scandalous attacks. The CJ had an obligation and duty to comment on such a scurrilous attack on the character of one of his judges and could not shirk his duty.

Valley queries how and why the CJ commented without checking the Hansard. Perhaps he forgot that every single media house has a reporter covering the proceedings in parliament. The reporters quite rightly thought Valley’s statements were newsworthy and solicited a response from the relevant parties. (This is how I came to know of his comments.)

The arrogance of the statement that ‘strangers, regardless of their office’ have no right to criticize MPs unless what they say was recorded in Hansard demonstrates how easy it is for the power of a Priority Bus Pass and free parking around the Red House to go to one’s head. Perhaps Valley forgot that they are there to transact the business of the people and that parliamentary proceedings are now shown on cable TV with crosstalk and all.

Scandalous attacks on judges by unsuccessful litigants whether inside or outside parliament, whether on the record or off-the-record, cannot be tolerated. Given our racial based political culture, such comments contain coded political messages which are provocative and inflammatory. They can take John Public down the same dead-end road our politicians have taken us. Afro-Trinis will believe that they can only get justice from African judges and Indo-Trinis will feel the same way. Justice is too precious a commodity and should not be sacrificed on the altar of political expediency. Appeal if you want, but don’t stoop so low as to attacking the judge.

By Anand Ramlogan

2007-05-10

Site Administrator's note:
This site commends Dominic Kalipersad, Editor-in-Chief of the Trinidad Guardian, for his courage and leadership in promoting Freedom of Expression through his newspapers.

It is recommended that comments submitted to this site also be sent by email, fax, or post to the editor of the Trinidad Guardian Editor-in-chief, 22-24 St Vincent Street, Port-of-Spain. Fax: 625-7211. E-mail: letters@ttol.co.tt. This will give opportunity for the Guardian to publish select responses for those without internet access.

Veto in a vacuum

The issue of the veto given to the Prime Minister in the constitution is the subject of debate again. Mr Manning asserts that the framers of our constitution deliberately gave an unconditional veto to the PM and no reasons were required. He could exercise the veto in a vacuum.  Section 121 of our constitution gives the PM a veto over appointments to the offices of Permanent Secretary, Chief Technical Officer, Director of Personnel Administration, heads of all government departments, chief professional advisers in all ministries, and deputy to any of these offices.

The exercise of the veto by PM Manning has been challenged in three cases by public servants, Devant Maharaj, Feroza Ramjohn and Gangapersad Kissoon. In Devant’s case, the court ruled that the PM purported to exercise a veto where none existed in law. In the latter two cases, it is undoubted that the PM has a power of veto. The Court of Appeal reserved judgment in Ramjohn on March 12, 2008, and in Gangapersad on May 26, 2008.  It has been a long and tiresome journey for justice for these clients, as Mr Manning had exercised his veto against Ramjohn in June, 2004, and Gangapersad in January, 2005.

It is said that judicial review and constitutional cases must be heard and determined expeditiously, because it is unfair to good public administration and the claimant to prolong the suspense caused by the challenge to official action. In T&T, our overburdened court system is, sadly, unable to give priority to such cases.  That said, it is scandalous that these matters have meandered along in the system to the point where there may very well be no real justice for my clients, because they may be retired or dead by the time the case is finished (here, or in the Privy Council).

In these cases, I argued that the PM must exercise the veto fairly and rationally, for a proper purpose. The duty to give reasons was implicit in the veto and the overriding concept of fairness in public and constitutional law. It is hoped that these judgments will shed some light on whether the PM acted fairly in vetoing the appointment of these officers and offer some much-needed guidance on a vexing and troublesome area of our constitution. The cases have assumed an even greater sense of urgency, in light of Mr Manning’s statement in Parliament that he is not required to give any reasons.

What if the PM exercises the veto for an improper purpose, such as ensuring the appointment of a political friend who may be in the running, or blocks someone’s appointment on the ground of religion, race or gender? How would the unreasoned veto sit with the citizen’s entrenched and overriding constitutional right to equality of treatment? Can we reconcile both? Is the veto a trump card that can hang the jack of equality? The Constitution Commission chaired by Sir Hugh Wooding and Telesford Georges in 1974 recommended the removal of this veto. The report, at paragraph 385, pointed out that “The functions of the Judicial and Legal Service Commission, as the body appointing judges and magistrates, demand that its total independence of the executive should stand out’. The Sir Isaac Hyatali-led Constitution Commission in 1987 made a similar recommendation.

It also dealt specifically with the appointment of the DPP in paras 2220-222, where it stated: “The status of the DPP and his crucial role in ensuring the fair, fearless and impartial pursuit of prosecutions and their withdrawal in appropriate cases” and the “inviolable principle that of justice that it must not only be done, but must manifestly be seen to be done, and the invaluable rule of conduct established for all prosecutors in courts of laws that they are ministers of justice and not persecutors of alleged wrong-doers requires the clearest expression in the constitution of the independence of the DPP and his freedom from the direction or control of any other person or authority.”  Two constitution commissions, led by two distinguished chief justices and comprising distinguished and esteemed persons, have recommended abolition of this Prime Ministerial veto. Interestingly, Mr Michael de la Bastide, (also a former CJ and now President of the CCJ), was a member of both commissions as well.

If people take the time to read these two reports, they would realise that there is very little need for debate on constitutional reform, because there is no need to re-hash the same trite arguments that have been expertly dealt with by these two commissions. The call for debate about constitutional reform and public consultations is nothing but a delay tactic and a cheap political ploy. The veto should be removed. It is dangerous and unfair, and undermines the concept appointments based on merit by independent bodies. It is capable of misuse and abuse, and could convert the hierarchy of the public service into an even bigger PNM party group.

By Anand Ramlogan 2009-02-22 02:50

Wavering confidence

The vote of no confidence in Attorney General John Jeremie, passed by the Law Association, was simplistically condemned by Minister Colm Imbert as a political attack on the PNM, because a small handful of lawyers with known political affiliations attended. This is the typical response of the Government to any form of criticism or disagreement in our society: If you’re not with them, then you must be against them.

It is difficult to reconcile the fact that the votes varied on the three issues raised in the motion, with the allegation that it was a blind political attack from politicians masquerading as politicians. The motion had three items, all of which were voted on separately. Item A “condemned in the strongest manner reported attempts by the Hon Senator John Jeremie to improperly and illegally interfere with criminal prosecutions for political purposes.”

That was carried by a vote of 121 for and 67 against. Item B “condemned in the strongest manner the reported attempts by Jeremie to undermine and threaten the constitutional independence of the Office of the Director of Public Prosecutions.” That was carried by 127 for and 59 against.

Item C “that it (the Law Association) has absolutely no confidence in the Honourable Senator John Jeremie as Attorney General and as titular head of the Bar of the Republic of Trinidad and Tobago” was carried by a vote of 106 for and 82 against. The fact that over two-thirds of the members thought the action and conduct of the AG were deserving of strong condemnation, because they threatened to undermine the constitutional independence of the DPP, cannot be flippantly dismissed by the Government.

Purchase independence

Unlike Mr Imbert, I wouldn’t assume that my colleagues who receive juicy state briefs from Mr Jeremie automatically voted for him. Yes, many of them openly supported him at the meeting; but equally, many of them expressed concern, alarm and disquiet at the “robust” attitude of Mr Jeremie towards former DPP Geoffrey Henderson.

I refuse to share the belief that the PNM has been able to “purchase” independent thinking in such a manner. Conversely, I cannot assume that my colleagues who do not support the PNM voted in favour of the motion because of ignorant political bias, without reference to or without genuinely considering the serious issue debated.

The variation in the figures shows that Mr Imbert’s interpretation of the vote as a political attack was no more than political self-defence. The assumption that all PNM supporters would be so ignorant and sycophantic that they will support the Government, come what may, is hopefully flawed when it comes to professionals.

Disagreeing with the Government on certain issues does not transform you into an Opposition supporter. On the ground, even PNM supporters are complaining about crime and poor healthcare. Many disagree with the expenditure priorities of the Government. They remain “PNM to the bone,” but openly and freely criticise the incompetence in governance.

This is democracy at work. That said, I wish to highlight the fact that the UK is also trying to resolve the tension between the offices of the AG and DPP and re-define the role of the AG. A consultation paper has been published for discussion “to examine ways to strengthen confidence in the administration of the justice system, and in the rule of law through reform of the historic role of the Attorney General, begins today.”

UK case

Baroness Scotland, Attorney General, and Vera Baird, Solicitor General said, “…the government’s commitment to rebalancing power between the executive, legislature and the people inevitably involves reform of this historic office, which straddles different parts of the constitution. “As we come to reform the role, we need to make sure we address those areas where there is potential for conflict whilst enhancing the administration of justice, the maintenance of the rule of law and the protection of the public interest.

[Site Admin note: See relevant documents at end of this commentary and attached in downloadable form. Documents reproduced give full credits to their authors and originators.]

“The current nature of the Attorney General’s role has given rise to a debate that has focused on tension between the various functions of the Attorney General—being a minister and a member of the Government, and being an independent guardian of the public interest and performing superintendence functions (eg on decisions relating to sensitive prosecutions); tension between being a party politician and a member of the Government, and the giving of independent and impartial legal advice.”

As the issue of constitution reform is once again on the agenda, Mr Jeremie’s “robust” and “inappropriate” behaviour might yet benefit society by underscoring the importance of the need for a truly independent DPP.

It might very well be the catalyst for society to insist on an appropriate level of political insulation and protection for the office of the DPP.

By Anand Ramlogan

We are all human

No one wishes PM Manning anything but a speedy recovery from his recent surgery. His strength and composure are admirable. It is strange, though, to say the least, that most high-profile public figures rush off to foreign lands for health care, but condemn the rest of us to the local system.

It is a vote of “no confidence” in available local health care, in circumstances where we have some of the most skilled, experienced and respected doctors available.  But the problem is not the lack of expertise; it is the malfunctioning system that cuts short the life of so many every day.

No relief

The public perception and reality for many is that the amorphous, faceless, nameless and blameless “system” treats the average patient off the street like dogs. What’s more, the official attitude and policy seem to be defensive, and cater more for the politics of convenience than genuine care.

Shiny new expensive equipment and photo ops with the minister posing with smiling little children at commissioning ceremonies do not change the raw reality that little or no relief occurs because the “system” swallows it up and overwhelms the value in a way that does not improve overall health care.

Word on the ground is that junior officials at the hospitals are being diplomatically asked to “alter” data, so that the dengue outbreak in the country would not be supported by statistics. When those in authority can adopt such a reckless position and manipulate such vital information, I have to say I fully support the PM’s decision to go to Cuba.

There is a dengue outbreak in the country, and the official response from the Government is appalling. Regional Corporations are blaming the indiscriminate illegal construction of walls that obstruct water courses, and the minister is blaming rich home developers who build in flagrant violation of the nation’s laws.

What, pray tell, is the position of the innocent, law-abiding citizen who constantly reported these violations to Town and Country Planning and the local county councillor but got no response?  The “blame game” is an old trick, but it ignores the fact that the whole point in having regulatory bodies and agencies to detect, investigate and prosecute offences is to prevent such occurrences. Everyone knows that neither the regional corporations nor Town and Country Planning is capable of fulfilling the legal duty to enforce the law.

Bribes pass, and the enforcement process suddenly dissipates with the effluxion of time. The system is corrupt and unworkable.

The few serious public officials are overwhelmed by the fact that the law itself makes it so unnecessarily difficult to prosecute offences, that it really makes better sense to just turn a blind eye (especially when the tentacles of political connections intrude). On this note, we should all take great objection to the ridiculous effusive comments of St Vincent PM Ralph Gonzales on Manning’s operation. He said:

“Sometimes when I read the Trinidad press and I see some licks he’s getting, I say they don’t know they have a good man. He is a precious pearl that should be prized. When they have to beat you about and you are okay, (it is one thing), but when they are faced with the possibility of if not Patrick, who…”

Mr Gonzales is a known ardent supporter of Mr Manning, but he must recognise that he is the PM of an independent Caricom neighbour, and such comments are highly improper. It was widely-reported and suspected that his party received tacit and overt support from the PNM in the last general elections in St Vincent.

Potential leaders

His comments imply that the alternative political choices are not worthy when compared to Manning, and amounts to a condemnation of potential leaders in the PNM and in the opposition parties. Such partisan mutterings are unbecoming of a PM, and, perhaps, Caricom should develop a code of behaviour for regional PMs to preserve the integrity and independence of domestic local politics in each country.

The recent spate of medical problems that have afflicted many public personalities underscores the stressful nature of public service.

You are sometimes too busy looking after other people’s problems to look after yourself. Time management is a major challenge.

Vasant Bharart’s comments after his heart attack caused us to pause for a cause, as he reminded us of how easy it is for human compassion to trump conflict. He said:

“I want to publicly thank all MPs on both sides for their support. I was very touched by the support I received from government ministers in particular. At the end of the day, there is life before politics and life after politics. We are all human beings.”

(Now, if only Vasant could convince some of our leaders that there is a life beyond and outside politics!)

In closing, I wish all my readers a safe, happy and holy Christmas, and thank you for all the lovely e-mail in support of this column.

May God bless us all!

By Anand Ramlogan 2008-12-28

What if it was your son?

Fourteen-year-old Aleem Ali was murdered. His burnt and chopped body was found by his uncle in the bushes in Arouca in March, last year. Three schoolboys (all former pupils of Five Rivers Secondary School) were arrested and charged for his murder. Last week, Senior Magistrate Deborah Quintyne dismissed the case, because the prosecution was never ready to proceed with it.

The case had been calling and adjourning for almost a year now, while the three young accused remained in jail. The inexcusable delay was due to the fact that the investigator, PC Gary Huggins, is yet to submit the case file to the DPP. Aleem’s father was understandably hurt by the decision. “Just now it will be a year since Aleem was murdered. Right now I do not know what to do. My family has been robbed of justice,” he said. “I went to court faithfully; I just sat there shocked when I heard what happened. I felt helpless. I see meh son face. This matter call 17 times and put off all the time.”

The DPP can have the accused re-indicted, but the pain and frustration of the father show how the justice system is failing and directly contributing to crime. Who to blame? The police officer who, one year later, hasn’t submitted the file to the DPP? Perhaps he is a good officer who is simply overworked. Or, is he among the many hopeless incompetents that adorn police stations across the country?

Would Trevor Paul take off his dancing shoes and bother to call this officer and launch an immediate inquiry? Nah, he too busy shining Martin Joseph’s shoes. What about our well-intentioned Christopher Thomas, chairman of the Police Service Commission, which is responsible for reviewing the Police Commissioner’s job performance? Would the Commission take any disciplinary action?

How could our overworked and underpaid DPP miss this one? Did he not call for the investigator to submit the file, having decided to charge for murder, knowing the defendants would be incarcerated without bail? Did he write letters demanding the file and complain to the hapless Trevor Paul, when it never came? What about the police prosecutor, acting Sgt Mark Maharaj who, time and again, stood up in court and begged for an adjournment, promising that the State would be ready the next time. Did he, as a senior officer contact his junior, PC Huggins, to inquire what was causing the delay? Did he report PC Huggins to Trevor Paul, as he should? Did he forewarn that this matter could be dismissed because the State was never ready? And what about the magistrate? Should she have given the prosecution one last chance? Summon the DPP? Not when three young men who must be presumed innocent have been in jail languishing.

The nation is engulfed in and overwhelmed by crime. Instead of declaring a limited state of emergency in the hot crime zones to flush out the guns and drugs, this PNM administration is working overtime to ensure criminals encircle us by distributing them across the nation in strategically-built housing settlements. In the midst of all this suffering and pain, the party has planned a massive fete to celebrate its victory.

The Prime Minister’s indifference towards the upsurge in crime has set the tone and pace for the Government’s flippancy. The decline in crime in the run-up to the election and the dramatic explosion afterwards repeated itself in the last three general elections. It suggests the PNM is able to press the “pause” and “play” buttons on crime when it desires. It would be politically-incorrect to say it, but the question needs to be asked: Are criminals supporting the PNM?

This would explain the unspoken understanding that allows Manning a crime-free passage during elections and the kid glove approach to the crime problem. As Manning meets party faithfuls, he will no doubt promise them “the safest Carnival ever.”

My plea to the PM and his gang is that while they celebrate, wine, jam and fete, spare a thought for 14-year-old Aleem Ali, and ask yourself: “What if he were my son?”

By Anand Ramlogan 2008-01-13

Who will bell the cat?

The killings of Curtis Lawrence and Keith Graham brought the murder toll to 468 as of November 13. What caught my attention about these two deaths, though, was the fact that the police attributed them to a continuing gang war between two rival gangs from Laventille and the Beetham.

It reminded me of a report I had seen on the BBC as a student in London. It had to do with senseless tribal murders and the horrific rape of a Tutsi girl by a marauding gang of machete-wielding Hutus during the height of the Rwandan genocide. This mass killing of over 500,000 people prompted the white reporter to lament, with tears streaming down his face, that they had raped and then disfigured the poor child, as if she was some sort of animal.

In jail

He ended by saying that while the western world complained of racism, this was linked to, and defined by reference to, people of a different race oppressing people of another race. His experience in Rwanda, he said, had led him to revise this definition to include inhumanity by one’s own.

Black-on-black violence is seldom mentioned in Trinidad and Tobago, but it is a reality. There are no statistics, but I am certain that a black youth is probably five times more likely to die than any other.

Data from researchers Norvel Morris and Michael Tonry (1984) revealed the following findings:

1. Homicide was the leading cause of death for black men and women between the ages of 25 and 34.
2. Black men from 25 through 44 years old were 11 times more likely to die as homicide victims than were white men in that same age bracket.
3. Although one of every nine Americans was black, one of every two male murder victims was black—as was one of every two people arrested for murder.
4. Blacks were two-and-a-half times more likely than whites to be victims of rape or robbery.

In one study by the Bureau of Justice Statistics in the US (covering reported violent crime that occurred between 1993 and 1998), when the offender had been identified, 76 per cent of the time the violence was intra-racial.

Black-on-black violence accounted for the large majority of this. A disproportionate number of black youth are in jail when compared with any other racial group in the US.

The same applies here.

Why is no one willing to take this bull by the horns? Where are the black leaders who pretend they care and exploit these youth when it suits them?

Black leaders are guilty of remaining silent in the face of a crisis that is threatening the very existence of the next generation of black youth. Why the convenient silence?

It's no different in the US. Other than comedian Bill Cosby and a few outraged local black leaders, mainstream civil rights figures haven’t said or done much about the black carnage.

Unlike the US, where people console themselves by saying the white man ruled over them and entrenched systematic discrimination that created a cycle of poverty and crime because he doesn’t really care for blacks, our people do not have the luxury of invoking such an excuse, as the PNM has ruled this country for over five decades, based on African support.

With no one to blame, the best way to deal with the problem, it seems, is to not talk about, be diplomatic enough to never call a spade a spade, and attack any non-African person who dares cross lanes and raise what is a “black problem.”

Act now

This is the sole preserve of the African community alone. I disagree. As a society, it is our duty to be our brother’s keeper. People are generally content to allow black-on-black gang violence, because it doesn’t interfere with the rest of us.

We are relieved because we are not the targets. The over-representation of black men in the prison system renders a staggering number of black males unavailable as fathers and family/community leaders. It is one thing to see non-Africans being charged for drug-trafficking; it is another thing to pick up a gun and casually murder another human being. Nothing justifies this choice. The sooner our leaders stop making excuses for this problem and understand the wider implications of this crisis the better.

Research is needed to understand why the panoply of government measures has not borne fruit; instead, crime had increased. There are many factors that might have contributed to this black-on-black violence, but, in my view, no matter what one says, there is something fundamentally wrong and unjustifiable with one human being taking up a gun to murder a brother.

It shows that the souls of the people are sick and weary. This problem needs urgent and special attention by the Government.

The time to act is now, but who will bell the black cat?

By Anand Ramlogan 2008-11-16

Why No Faith

As I listened to the excellent address given by Acting Chief Justice Roger Hamel-Smith I couldn’t help but reflect on the low priority given to the issue of justice in this country. His frustration with the long delay in disposing of criminal cases gives hope that he would press the executive to do what is required on this issue. The need for more courts, judges and magistrates is glaring; ask any citizen about the seemingly endless cycles of adjournments before trial, delays in getting judgment after a trial and the bureaucratic inefficiencies that plague the administration of justice.

DPP Henderson candidly gave the reason for the spectacular collapse of several murder trials. He said “Quite a number of cases have collapsed because people are afraid of being killed or having their family members killed”

Where pray tell, is the long promised modern witness protection programme? Why are we now talking about electronic tagging of prisoners as if it is new technology when it has been in use for decades now in other countries? How can anyone respect the system of justice in the face of this? The system cannot protect victims or witnesses from harm. It cannot guarantee safety of life, limb and property in the face of the tsunami of crime. Gangsters are given multi-million dollar construction contracts by the government and treated as celebrities while law-abiding citizens are too petrified to react.

Public confidence in the administration of justice has been shaken by recent events. The tentacles of racial politics can easily reach into any institution in a provocative society such as ours. People however, enjoyed pouring scorn on the system because the occasion presented itself; but they did so because it was an opportunity to vent at a system that they felt had failed them.

The reason the public has lost faith in the justice system has less to do with the recent controversial events involving the Chief Justice and more to do with the fact that people feel the courts are too slow and ineffective. The recent events might have added fuel to the fires of discontent but the apathy pre-dated the suspension of CJ Sharma. People on the street care more about the fact that there is no justice to be had than they do about the perception of political interference. An ineffective system of justice that is susceptible to political influence is of no concern to the man in the street because its inefficacy is what stands out and affects him the most.

The role of the judiciary in dispensing efficient and effective justice cannot be underestimated. It must be given sufficient resources to deliver this precious commodity. The judiciary has been working hard and coping with far too much for too little, for too long. By and large, our judicial officers are fair and independent. The critical support services in the administration of justice have failed and the system has taken unfair advantage of the few brave souls that sacrificed the luxury of a lucrative private law practice in the interest of making a contribution to their country.

The attempts to change the system have had some measure of success but the pace is still too slow. As fast as the backlog of the past is being cleared, a new one if quietly filling the void as new cases are being filed every day. Without more judicial officers and courts and properly resourced support services, there will be no net gain.

Where is the urgency on the part of the state to help the judiciary deliver justice on a timely basis? Why could the Chinese not be put to build the long overdue new San Fernando Magistrates court instead of the PM’s residence? With money aplenty, why is the state taking so long to appoint new judges and magistrates? Why is the backlog at the Forensic Sciences Centre still causing endless adjournments of criminal matters? Why is the probation department so understaffed? What about night court? Why can the judiciary not promise citizens judgment within six months after the completion of a trial?

New high-rise buildings, a diplomatic centre, Prime Ministers residence, stadium and costly colourful advertisements took precedence over the children that are forced to go to school under hot tents, the sick and elderly who are forced to sleep and die on the floors of our hospitals, the repair of dilapidated police stations and the need for new courts and judges. If this is the evidence that we’re well on the road to achieving vision 2020 then I dread looking into Mr Manning’s time machine to see what our future looks like.

by Anand Ramlogan 2007-09-23

Wild Wild West

A friend recently described Trinidad and Tobago as “a failed state with a little bit of money.” What will happen when that money done is the burning question that we must all ponder. The country has slipped into a state of anarchy. There is absolutely no respect for the rule of law, and the will of the bandit now prevails. Disorder, chaos and confusion now characterise the national psyche, as the Government itself disrespects the law. Without batting an eyelid, Minister Enill indicated that the smelter project would continue, despite a landmark ruling by the High Court that the environmental clearance certificate was illegally granted.

Such disrespect for the Supreme Court is reminiscent of that delayed reaction of the Manning administration in the Maha Sabha radio licence case. It practically ignored the order of the Privy Council ordering the grant of a radio licence, and eventually capitulated due to public pressure and the threat of further litigation. Another example would be the slow response to set up the Equal Opportunities Commission, in response to the judgment of the Privy Council. As the abduction, rape and murder of innocents continue, PM Manning is dreaming of a front-page picture with him shaking the hand of the Queen of England, with First Lady Hazel at his side. Manning and Hazel see themselves as Barack and Michelle Obama, hosting, meeting, greeting and talking to world leaders and all.

Vacant offices

They are concerned with international issues affecting the world, and have no time for mundane matters affecting life, limb and property of our citizenry. Institutional pillars of support for a functioning democratic society, such as the Integrity Commission, the Police Complaints Authority and the Firearms Appeal Board cannot function because the Government has failed to appoint new members. Additionally, key offices that act as an important audit and check and balance on the abuse of power by public officials, such as the DPP, Solicitor General, Commissioner of Police and the Chief Parliamentary Counsel, among others, remain vacant.

Come next year, when the effect of all the artificial spending to facilitate the Commonwealth Heads of Government Conference is over, the raw reality is going to sink in. The true effect of the economic crisis will be felt. The extent of the crisis is underscored by the angry reaction to the murder of Tecia Henry. Laventille has—not for the first time—vowed revenge on the police and possible culprits. This PNM heartland has long been transformed into the unmanageable Wild, Wild West. It is practically a separate mini-state governed by a different set of laws. Bullets fly, policemen are chased out, and the police are intimidated and harassed because of the perceived reluctance to take swift action in an area they fear to tread.

The fact is the police simply fear going into Laventille, because they come under heavy gunfire from a militant and aggressive community that bands together to hide and support the very criminals that took Baby Tecia. Allegations of police brutality are made, and the media spotlight unfairly amplifies one side of the story. If Manning was serious about saving this country, he would have accepted the recommendation by the Ken Gordon Crime Commission and declared a limited state of emergency in crime hot spots, and flushed out the criminal elements. Nothing reinforces the extent of our failed state like the statement made by Police Commissioner Philbert, while addressing the PoS Rotary Club, advising lawmen not to shoot at bandits during/after a car chase, because this could endanger the public.

Demotivate police

It seems as if the police must now simply “escort” armed bandits with kidnap victims in stolen cars and take a detour, if they are fired upon. Whatever happened to trained marksmen and sharpshooters in our Police Service? Philbert must clarify what he meant by this statement. It has de-motivated the entire Police Service. What, pray tell, did he expect officers to do if Tecia was spotted in the back of a stolen car, struggling with armed bandits who fired at the police while speeding towards a busy area, in the knowledge that Philbert told his men not to return fire during/after a car chase, to avoid hurting innocent members of the public?

To add insult to injury, Martin Joseph comforts us by telling us that he, as Minister of National Security, has begged Laventille not to take revenge by taking the law into its own hands. Moreover, due to the high levels of crime in the country, Joseph said that as a parent, he was “literally begging his children not to be out too late, and to change the way it is that they are now doing their business.” The message is clear: We cannot guarantee your safety, so there is an undeclared state of emergency with a curfew. It’s our little secret.

By Anand Ramlogan

Winston Comes Good

Many doubted Winston Dookeran could actually harness the floating voters who occupy the famed middle passage in our political landscape and introduce a genuine third factor in the political equation. He needed to prove and establish himself. The indoor crowds didn’t do the trick – he needed to face the music in an open-air rally in the hot sun in front of thousands. He needed to make a splash in the political pool in a way that would make other users sit up, look around and take notice.

He has done precisely this with the mammoth crowd at Woodford Square in the heart of the PNM’s territory. Gone are the days when he could be casually and flippantly dismissed by his opponents as irrelevant and bungling. Now, all of a sudden, Manning pauses to inquire about the financiers of the COP, oblivious to the fact that the public condemnation of his party’s treasurer Andre Monteil didn’t quite repair the damage done to his party’s credibility.

A defiant Monteil is still there as party treasurer and john public cannot help but wonder whether HDC money will help finance the PNM’s election campaign. I doubt if the PNM even needs it though, because it has grown accustomed to abusing public funds with impunity as evidenced by the placement of full-page colourful ads with smiling ministers boasting about how much of our money they are spending, telling us about the wonderful job they are doing. People are so sick and fed up of ‘government by advertisement’ that I am certain many will vote against the PNM out of disgust for this waste of public funds.

Beneath the glossy veneer of these colourful advertisements lies the oppressive, raw and harsh reality – helpless poor and sick living below the poverty line, lying down on the floors of the hospital because there aren’t enough beds, dilapidated police stations, escalating crime, rising indiscipline and violence in schools, condemned school buildings, low energy reserves, rampant corruption and discrimination and marginalization in the distribution of state resources. The disenchantment of the masses with the government is underscored by the apathy towards the mega projects such as the waterfront project, the Tarouba stadium and of course, the PM’s spanking new mansion.

The picture of Manning appearing before the PNM’s screening committee is the height of ‘mamaguy’. Imagine Valley, who is fighting to get his leader’s nod having to interview Manning. The artificiality and pretension is amusing if not frightening and frustrating. The clean and decent image of Winston’s new politics is a refreshing change to the games to which we have grown accustomed played by the artful dodgers.

The humiliation of the unceremonious departure from the UNC and the loud ‘boos’ he endured at Mid Centre Mall are now a distant memory as he has his found his very own new flock. The COP quietly worked the masses on the ground and reaped the benefits of their labour on Sunday when thousands attended their rally.

Dookeran was fiery and as close to passionate and charismatic as his easygoing, unassuming personality would allow. He has remained above the fray, allowing Ganga Singh to do the attacking in Parliament, but has finally found the right dose of fire for his speeches. Even in the new politics, you cannot simply sit back and take licks – you have to dish out some to your opponents too. Given our penchant for good bacchanal and political cut and thrust, Winston must find the right formula that would allow him to fan the flames a little and give the people their picong and political jabs without losing his statesman-like appeal. One thing for sure, he must be doing something right or else Manning would not have bothered to attack him on the issue of campaign finance. No one pelts a tree until it is bearing fruits!

It is important that Dookeran has come into his own without the help of any big name politicians. A leader must establish himself head and shoulders above his followers. The momentum generated by that crowd if sustained, can lead to political change. People are fed up and desperate for change. St Lucia and Jamaica illustrate that the electorate of today is different and more ready to vote/cause political upset than in the years gone by.

If the COP can mobilize the many ‘undecided’, the old ONR/NAR crowd and attract some UNC and PNM support, it might just be able to pull it off. Winston is certainly peaking at the right time. The big question is whether his party will follow suit.

by Anand Ramologan 2007-09-15

Young and stuck in mud

The avalanche of mud, slush and debris and the consequent clean-up operation are timely physical reminders and reflections of the state of our tiny nation. We are submerged in an unhappy state of crime and ineffective, arrogant government, where our cries fall on deaf ears.

The river of crime and the dirty slush of indifferent government bureaucracy continue to deny citizens the right to a basic decent standard of life in the midst of high-rise buildings and international conferences that cater for the ego of our tin god Prime Minister, who fancies himself as a world leader, private jet and all.

In the midst of all this panic and hysteria, one of the unnoticed and less-talked about pieces of social debris appeared: school violence. Shaquille Antoine, 14, Form Three student of Tranquillity Government Secondary School in Port-of-Spain, was robbed and beaten unconscious by six schoolmates last Thursday. He is begging the Ministry of Education to have him transferred to another school, because he fears for his life. Antoine was beaten and kicked about the head, chest and ribs, because he refused to hand over his cellphone, school allowance, and his $5 stud earring.

Traumatised and depressed, he said he was scared to return to the school, for fear of either being killed or badly beaten again. “I really don’t want to go back there, because it was not the first time I was attacked; it was the first time, though, that I was actually beaten. And now that I have survived that, I really don’t want to return to that school,” he declared.

Ironic respect

Antoine gave a chilling account of school life. He explained that many students were routinely robbed, attacked and bullied at the school by students who had formed gangs. The administration, it would appear, is barely surviving the onslaught itself, and seems content to sweep it all under the carpet, so hapless students remain stuck in the mud.

Student indiscipline and gang violence are motivated by the sense of ironic respect and admiration it brings from one’s peers. A rebellious and non-conformist student in our present school culture is transformed into a hero, because of the ineffective measures to combat indiscipline. Suspension is seen as a mere “holiday” from school, and this is the worst “punishment” that teachers and principals are empowered to administer.

The trauma of being bullied, slapped in front of your teenage girlfriend, beaten for your refusal to hand over your own lunch money, cellphone, stud earring, etc, lasts a lifetime. Every decent student feels a sense of hurt when the system that they trust and respect seems powerless and clueless as to how to deal with a student offender who has violated their rights and self-esteem.

Badjohn students command respect in schools. You are forced to pretend that you want to be their friend because you fear them. The irony is that these are the student “leaders” that our education system breeds and fosters.

Greater emphasis must be placed on the victims and the reaction of the larger student population to the treatment and punishment of indisciplined students. No one focuses on the good ones. That is why poor Shaquille is begging for a transfer while his attackers remain comfortably ensconced at the school that tolerates and covers up their illegal wrongdoing.

Forgotten victim

The focus is almost invariably on the rehabilitation of the offender and his gentle re-introduction into the school system. No thought is given to the victim, how the rest of students think, what they expect and how they would react to or interpret what is done. Why should Shaquille have to leave? They should be the ones to leave!

The way to deal with student indiscipline is to make sure that the offender is properly punished, so that an effective deterrent is introduced at an early stage. The solution to indiscipline in schools must cater for the expectations and reactions of the large body of innocent disciplined students.

This is the only way it will inspire and win the confidence of the good students. If the offender is not properly punished (in proportion to the offence), he is likely to continue his badjohn behaviour, because the rewards (popularity, respect, fear and friends galore) by far outweigh the punishment.

But this is only part of the problem. The more dangerous consequence is that the burning sense of disappointment and betrayal the rest of well-behaved students feel leads to an early loss of confidence in the education system that society has put together to nurture and protect them.

I firmly believe that greater emphasis should be placed on the large body of diligent, disciplined students that anticipate swift and effective punishment for indiscipline. By trying to be gentle on the bad ones, we may ironically be loosing all the good ones by sending the wrong signal to them.