Saturday, January 31, 2009

T&T Gov't gives bailout to CL financial

The government of Trinidad and Tobago announced on Friday that it has taken over Clico Investment Bank and will take charge of one of its subsidiaries, Caribbean Money Market Broker (CMMB) next week. The assets would be transferred to the state-owned First Citizens Bank. The two companies are owned by CL Financial, one of the country's largest and most successful financial organizations.

Government will put money into the country's biggest insurance company, CLICO, and British American Insurance in return for equity interest in order to protect depositors and policy holders.

CLICO has more than 100,000 policy holders and provides group pension plan services for thousands of workers in the country. CLICO may also begin trading on the local stock market but its investment bank, CIB, will be dissolved next, with 20 of its 100 employees losing their jobs immediately and the rest of the jobs disappearing later.

The surprise financial announcements bailing of the CL Financial group were made by Central Bank Governor Ewart Williams and Finance Minister Karen Nunez-Tesheira. CL Financial chairman Lawrence Duprey admitted that he had underestimated the global and local financial troubles.

He said it became impossible for CL's insurance flagship firm CLICO to pay depositors who wanted their money back. Duprey said he approached the Central Bank for help on January 13 to raise the issue of financial assistance from the Bank.

Duprey would have to sell some of CL Financial's lucrative assets in return for Government's cash and support. It means surrendering its 55 per cent stake in Republic Bank Ltd, the country largest commercial bank. The assets are worth billions of dollars.

Government would become the principal shareholder in Republic Bank, with the National Insurance Board and First Citizens taking control. Duprey would also have to give up shares in CL Financial's energy firm Methanol Holdings Trinidad Ltd, which owns and the world's largest methanol plant.

Neither Government nor the Central Bank said how much bailout money CL is getting but the central bank governor explained that it became necessary to intervene after a serious demand from clients for withdrawals put a severe strain on the the company's liquidity.

"The principal objectives are to ensure that resources are available to meet withdrawals of third-party CIB depositors and Clico policy holders; to protect the funds of the depositors and policy holders and in so doing maintain confidence in Clico," Williams said.

Duprey told the Trinidad Express he was off by two years in his estimating that there would be a turnaround in CL Financial's business. He said that contributed to the cash-poor position both Clico and CIB found themselves.

"In a free market economy, there are financial bubbles all the time and we expected the bubble would turn around by 2011," he said.

Duprey said the group's foreign banking partner had trouble accessing credit due to the global economic crisis and that had a ripple effect on the CL group of companies. In addition his energy operations have suffered from plunging methanol and ammonia prices.

The real estate decline has also had a severe impact on CL's real estate subsidiary Home Construction Ltd.

Read the Trinidad Guardian editorial in support of the Government's move

Money in CL subsidiaries safe: Finance Minister

Finance Minister Karen Nunez-Tesheira has assured depositors and policy holders at CLICO, CLICO Investment Bank (CIB), CMMB and British American Insurance that their assets are not at risk.

"In the last fortnight, it has become clear that a situation has arisen within the CL Financial Group which requires intervention by the Central Bank, and where necessary, the Government, into the operations of the financial institutions comprising the group," she told reporters at a news conference with CL Financial Chairman Lawrence Duprey and Central Bank Governor Ewart Williams.

Nunez-Tesheira said government's assessment is that under the present circumstances the government would have to invest cash and put in place other measures to protect depositors and other liability holders, especially life insurance clients and pension fund beneficiaries.

She said Government and the Central Bank have agreed to hire an international firm to assist in the restructuring of the companies.

"We are going to weather the storm. All of us. And the only way to do it is to take action swiftly and decisively," she assured.

Chief executive at state-owned bank First Citizens (FCB), Larry Howai, has confirmed that the Central Bank invited FCB to acquire the liabilities to third party depositors at CIB.

He said he is assisting the Central Bank in ensuring that depositors in CIB are protected and that the changes would not have a negative impact on his own bank's strong balance sheet.

The CL group is a multi-billion dollar empire that spread across the Caribbean and the world with holdings in a wide cross section of the business ventures in the region including:

  • Banking and financial services
  • Energy and petrochemicals
  • Forestry and agriculture
  • General insurance
  • Life insurance
  • Manufacturing, retail and distribution
  • Media and communications
  • Medical services
  • Real estate development

For more details, visit the official CL website: www.clfinancial.com
Read the minister's statement

Former CB Gov. slams government on CL bailout

The leader of the Congress of the People (COP) and former governor of the Trinidad and Tobago Central Bank is demanding answers about the CL Financial "debacle".

In a news release Winston Dookeran said he was "stunned" to learn of the developments.

"We listened to four of the main players in the management of the Trinidad and Tobago economy engage in a startling expose of the ills afflicting our economy and the depth of their mismanagement as illustrated by the sad tale of CLICO's failure," Dookeran said.

He said the officials "delivered a damning indictment of their collective stewardship while trying to distract the nation with a pathetic display of self congratulation at their ability to speak with the same forked tongue".

Dookeran added, "Clearly, the impact of the global economic crisis on Trinidad and Tobago is deepening and the government's response is partial and superficial."

Sadly, the only clear element of their plan will be to effectively nationalise the Republic Bank through the distressed acquisition of 55 per cent of its shares. He admitted that while "a sale might be a viable way to address CLICO's liquidity problems, we must be concerned and vigilant in the way this sale is handled by this administration".

Dookeran said he is concerned that the Central bank was unable to state the size of the financial hole to be plugged at CLICO. "The nation will therefore be at a loss as to the government's capacity to achieve its objective," he said.

Dookeran wondered whether the finance minister and the prime minister were wrong when they said the country was not "as vulnerable as the U.S." with regard to the global financial situation.

Double standards? Hindu Credit Union asks again for help

The government intervention to help CL Financial has raised questions about why similar calls for help from the troubled Hindu Credit Union fell on deaf ears. The Credit Union Members Group (CRMG), launched another appeal Friday for assistance, making it clear that it has not asked for a bailout.

The CRMG was formed after the Credit Union was closed last year. tens of thousands of depositors and shareholders stand to lose millions of dollars. Many of them had their entire life savings invested in the Hindu Credit Union.

When the credit union was closed, CL Chairman Lawrence Duprey was one of the people who slammed the organization for the way it handled its affairs.

Read the story: HCU involved in risky business


"In light of the action by Government to assist a private financial company, Credit Union Members Group (CRMG) is again requesting the Government to demonstrate compassion and goodwill towards HCU members," the CRMG said in a news release.

Its previous pleas for urgent Government intervention to prevent "a tragedy of immense proportions, imminent financial catastrophe, and horrendous societal consequences for over 100,000 members and their families" were ignored.

It reiterated that its plan for the HCU is a viable one and again outlined its restructuring proposals with a new Board and Management, an initial loan of $100 million that will be repaid after assets are unwound and a loan of $200 million to be repaid over a 10-year period.

It said it has never and is not now asking for a financial bailout.

CRMG said it believes that with help from the Government, "with a renewed focus on the Core Credit Union business, and with an orderly unwinding of assets, the HCU will be in a position to return most, if not all, of members’ investments in three to five years."

It said Central Banks and governments throughout the world are recapitalizing banks and financial institutions with the objective of rescuing and protecting the funds of citizens and stabilizing the financial sector.

"CRMG urges the Government and people of Trinidad and Tobago to assist in the recovery of members’ investments rather than the winding up of the HCU that will lead to members losing over half a billion dollars," the release stated.

Read story with summary of proposal to help HCU

Friday, January 30, 2009

T&T gov't says nothing to worry about in $b contract for patrol boats

The Leader of Government Business in the Senate has rejected claims by Opposition Senator Wade Mark that a $2.2 billion deal for three multi-million-dollar gunboats for Trinidad and Tobago would collapse because the company handling the contract is preparing to sell off its naval shipbuilding operations. Conrad Enill said this will not affect the delivery of the vessels.

Mark told reporters Thursday because of that deal taxpayers would lose close to one billion dollars in advance payments.

"Based on information reaching us, that particular shipyard was on the brink of collapse in 2005. Am I to understand that the Government was not aware of the state of Vosper Thonycroft...then if the Government was aware, why did the Government proceed to enter into contract with Vosper Thornycroft at a value of $2.2 billion," he asked.

Mark hinted at corruption and produced a letter he has written to British authorities in this regard (see story below).

He said the Government chose the VT Group over the internationally respected Italian shipbuilding firm Fincantieri, which submitted a much lower bid of $1.4 billion.

Mark's letter to Keith McCarthy at the Serious Fraud Office in London urges the British government to launch a forensic investigation into the transaction, so taxpayers could see where their money went.

He charged that the process was flawed and some of the countries that were originally involved in the state-to-state bidding withdrew in frustration, leaving the competition between the British and Italians shipbuilding firms.

Enill didn't address Mark's allegation but with regard to the change in ownership, he told the Trinidad Express the change "does not change the contractual relationships with the organisation."

The contract for the three offshore patrol boats was signed on April 5, 2007, with the delivery of the first vessel expected on May 15, but there's a delay. Mark said national security minister Martin Joseph has now indicated that the first ship would arrive by November and the second by May 2010.

UDeCOTT moves to suspend Uff enquiry, fire commissioner

There is a major distraction at the Uff enquiry into the construction sector and UDeCOTT - commission member Israel Khan. He has been hammering UDeCOTT executive chairman Calder Hart and now Hart's lawyers want Khan fired, accusing him of bias. But Khan says he's not going anywhere.

Hart's attorney Frank Solomon told the commission Thursday Khan's conduct has "reached a level of unacceptable abuse and hectoring, insinuation and derogation of Hart’s dignity."

Solomon said if the commissioner is allowed to continue with the “interrogation” of his client as he did on Wednesday the hearings would "incurably affected and the time and effort we have all put in the proceedings will all come to naught." Solomon accused Khan of bias. "There was some bias operation, consciously or unconsciously,” he declared, accusing the commissioner of xenophobia.

He submitted that Khan's line of questioning was "an unforgivable abuse" and asked the chairman to advise the president to remove Khan from the tribunal so that "the integrity of these proceedings be restored."

UDeCOTT’s lawyer Andrew Goddard said if Khan failed to recuse himself immediately, the commission chairman should “forthwith take such steps...to secure the removal of Mr Khan as a member of this commission, including but not limited to requesting of the President of T&T for Mr Khan’s appointment as a commissioner to be revoked.”

Goddard also made an unsuccessful attempt to have the proceedings suspended pending the revocation of Khan’s appointment.

Uff said: “We are not presently satisfied that we have any power to render any decision that would affect Mr Khan’s position.”

He ruled that he would keep the situation under review for a few days and refer the application to the President "together with a report that we will drat. that report will be submitted some time next week."

Attorneys representing state agencies with much at stake in this enquiry share Solomon's views. Former attorney general Russell Martineau, who is representing NIPDEC, another state agency, said he believes that it may be appropriate in this case "for Mr Khan to recuse himself".

The attorney for the Attorney General, Douglas Mendes, believes what is critical in the matter is what "the reasonable observer" thinks.

Deborah Peake, attorney for state-owned Housing Development Corporation expressed "a great deal of discomfort" in the manner in which Khan conducted himself on Wednesday.

She said, "As a matter of fact, I think it is fair to say that the room felt silent when Mr Khan was interrogating the witness," she observed, adding that what "we saw was a predetermination of the evidence. For me that is what is very troubling. But we must, at the end of the day, do what is right and fair. And I expect that Mr Khan will do what he knows to be the proper thing.”

And the lawyer for Hafeez Karamath, Ravi Rajkumar, said the matter is of some concern to his client.

Other legal participants have an opposing view. Alvin Fitzpatrick, who is the lead attorney for the Joint Consultative Council on the construction sector expressed confidence in the commissioner. “We have every confidence that Mr Khan is capable of discharging his responsibilities to this commission fairly and faithfully,” he said.

It's a view shared by Dr Keith Rowley's lawyer, Gilbert Peterson. “I feel as counsel, I have the greatest confidence in Mr Khan. I note his integrity and I have no doubt that he would be able to put all of this behind him and assess the evidence in this matter fairly."

For his part, Khan is staying put. He rejected the calls saying he has a duty to the people and "I do not intend to abdicate that responsibility."

Thursday, January 29, 2009

Pioneer of Indian struggle dies

Woman freed of killing husband tells women don't take abuse

Leela Ramdass Singh killed her abusive husband in April 2003. She was tired of the abuse, so he took a brick and smashed his head, killing him instantly. Police charged her with murder but at her trial last Tuesday a judge set her free when she pleaded guilty to a lesser charge of manslaughter.

Now she is telling women they don't have to take the abuse.In an interview with the Trinidad Express, she said:

"I want to say to those ladies and men out there who are abused, that they are not less of a person and do not need to stay in that relationship. There is help out there and seek help. There are people out there who can help.

"Persons abused need to realise that they are special and should be treated like a jewel, a gem. Sometimes you are in a relationship where you do not even realise that you are unique, because the abuser keeps telling you you are not; but you can get away from that relationship.

"Seek help for yourself and the person. I have been a victim over a period of ten years, and I reached a stage while I was in prison, and it was only then I realised the power my husband had over me. I wish to never get involved in that area of my life again."

Ramdass has two children - eight-year-old Brian Ramdass, ten-year-old Megan Singh.

During the time she spent in prison awaiting trial she studied and passed three O-Level subjects and she even attended religious services in the prison. She also studied cosmetology and is scheduled to do the exam this year.

"There were times when I was depressed. I would take that moment and let it soak in, to learn from my experience to understand that I did something wrong, and to be smarter in my future actions," she said.

The woman's mother, Sumatie Ramdass, told the Express it's a miracle from God that she daughter is free and back home.

Hart wants commissioner Israel Khan fired, claims bias

Attorneys representing UDeCOTT executive chairman Calder Hart are making legal moves to kick out Israel Khan from the Uff commission of enquiry into the construction sector and UDeCOTT. According to a report in the Express Newspaper, it's because of the manner in which Khan is interrogating Hart.

The paper quotes unnamed sources as saying that Hart's legal team decided to make the move because of the manner in which Khan questioned Hart at the end of the cross-examination during Wednesday's sitting of the enquiry.

The Express says Hart's legal team led by Frank Solomon is directing a letter to the commission's secretary, Judith Gonsalez saying that Khan has "indicated clear evidence of real and apparent bias".

Commission chairman John Uff alluded to the matter Wednesday when he told Hart that no member of the Commission "holds any brief for any party. We are not here to accuse you of anything...We are here to listen to and weigh the material that comes before us."

All the commissioners - Khan, Desmond Thornhill and Kenneth Sirju as well as the chairman - were appointed by President George Maxwell Richards, who established the enquiry on the advice of Prime Minister Patrick Manning.

In September last year, Chaguanas MP Jack Warner objected to Khan being a member of the commission, saying that Khan was biased in favour of the governing People's National Movement (PNM).Warner claimed that Khan has openly declared his support for the People's National Movement (PNM).

He said, "The very nature of the appointment requires one to be unattached to any party. One must be objective, unbiased and dispassionate.” Warner quoted Section Five of the Commissions of Enquiry Act, Chapter 19:01, which states: “Each commissioner appointed under this act shall make and subscribe to an oath he will faithfully, fully, impartially and to the best of his ability discharge the trust and perform the duties devolving upon him as commissioner.”

Quoting Section 7, Warner added: “The commissioners shall, after taking the oath, make a full, faithful and impartial enquiry into the matter specified in the commission.”

Warner referred to statements Khan made in a media interview expressing support for the PNM and noted that, “The fact Khan has declared his support for the ruling party indicates he is incapable of being impartial, unbiased, objective and dispassionate.”

In response, Khan told the Guardian he has a right to free speech and stated that he is not a member of the PNM. He said, "I enjoy all the rights under the constitution to support a party of my choice, just like the doubles vendor, coconut vendor and even the judges of the Supreme Court of Trinidad and Tobago."

Read the story: Jack writes UDeCOTT probe chairman


Keith Rowley, one of the key personalities in the probe, disagreed with Warner and said Khan was a respected member of the legal fraternity and he expected Khan to conduct himself in keeping with the "highest traditions of that profession." He added that his selection was not because of his affiliation to any party.

Read the story: Rowley stands by Khan

Why hire another investigator?

Keith Rowley wants to know why the government has hired a Canadian forensic investigator to probe the Cleaver Heights Housing project in Arima when such a professional is already working with the Uff commission.

The former government minister finds something sinister about the matter and suggested that it leads to the inescapable conclusion that "this whole development is driven solely by an intention to prolong the slander which was generated in the Parliament and to create a diversion for what is being exposed at the Commission of Enquiry into UDeCOTT".

Rowley pointed out that at the commission's request, the Government agreed to pay forensic engineering firm Acuitas to assist in the investigation and that "one Mr Macafrey" is currently in the HDC.

"He is going to see how the Cleaver Heights Development Project got its life, how payments were conducted or payments were made, so if there is anything wrong, rather than the minister coming to Parliament and demoralising her staff, disgracing the Government and the country, all they had to do was wait until the Macafrey report, which is coming in earlier," Rowley told the Trinidad Express.

Housing Minister Emily Gaynor Dick-Forde told the Senate Tuesday the government has hired Bob Lindquist to clear up the "inconsistencies and inaccuracies" surrounding the information provided by the HDC management on the issue.

But Rowley is convinced that it is is a red herring since a government-appointed forensic man is already on the job. "So this development is not for getting information. This has other objectives. It is meant to give the impression that they have a case to prosecute... it is for dramatic effect."

Rowley said he is already cooperating with the commission on matters relating to the Cleaver Heights project. "This cooperation on my part is at great emotional, physical and financial expense. But I am doing it out of a sense of duty in the discharge of my commitment to the people I represent," he told the paper.

"What has shocked me, however, is that the Government has conspicuously failed to use the constitutional provision of the Auditor General Department which is available for free to look into any concerns that Government may have about any Government department," he added.

Despite his obvious concerns about the motivation and expense he is welcoming Lindquist. "I am happy that Mr Lindquist would now be on the public payroll and I look forward to him being assigned, also to untangle the web which is now being exposed with respect to public business at UDeCOTT," Rowley said.

A government spokesman confirmed to the Trinidad Guardian that talks are underway with the Canadian investigator, who is coming out of retirement to handle the assignment. The paper reported that no date has been set for Lindquist’s arrival in the country.

Lindquist is well-known in Trinidad and Tobago and has done for different administration starting with the NAR in 1989 to investigate allegations of bribery by several former PNM ministers, including the late John O’Halloran.

UDeCOTT's Hart offers to resign

UDeCOTT executive chairman Calder Hart told the Uff Commission Wednesday he would quit his job at the Urban Development Corporation of Trinidad and Tobago if anyone proves that he had breached tender rules. He was responding to questions from commissioner Israel Khan.

Allegations about the rules were made by former government minister Dr Keith Rowley and the Joint Consultative Council.

"If these things turn out to be true, you ready to resign?" Khan asked. "If they turn out to be true, yes," Hart said.

Khan wanted to know if Hart agreed that Rowley was within his rights in 2003 to warn UDeCOTT's board about awarding a $100 million contract to Hafeez Karamath Ltd (HKL) for the Customs and Excise building. Rowley was the line minister responsible for UDeCOTT at the time.

Hart said that Rowley "felt that there was something legitimately wrong", but repeated his previous statement that the UDeCOTT board had already begun to take action to deal with the matter.

"It seems to me you have a knack, Mr Hart, with the greatest respect, for breaking your own rules and ignoring sagacious advice given to you, by lawyers, by ministers, everybody. If we find that as a fact, that is a serious indictment against you?" Khan said. Hart responded, "When you make that indictment it is serious, there is no question about it."

Khan and commission Chairman John Uff were careful to point out that commissioners were not accusing him of any wrongdoing. Uff told Hart that no member of the Commission "holds any brief for any party. We are not here to accuse you of anything...We are here to listen to and weigh the material that comes before us."

In Hart's written statement to the enquiry he had suggested that the commission should be attending to issues other than those surrounding UDeCOTT and Hafeez Karamath Limited (HKL). "It is respectfully submitted that the scarce time of the commission might be more constructively directed to other issues," Hart wrote.

Hart withdrew the statement but Khan kept his focus on Hart's dealings with HKL. "It seemed to me that Hafeez Karamath had a water-tight connection with UDeCOTT insider information about contracts," the commissioner said.

That was an issue raised earlier in the probe by the Joint Consultative Council's attorney, Alvin Fitzpatrick, during cross-examination of Hart who told Fitzpatrick he could not confirm how Karamath got information about certain packages at the Brian Lara Cricket Academy in Tarouba.

Karamath tendered the exact figure for the packages even before the information was made public. Hart told Khan he didn't know when the estimate was done. "I don’t know how he comes to the exact figures that are in that estimates, whether it was done pre or post submissions," Hart said.

"Would you agree that if all these things I pointed out to you are true, it will be a scandalous state of affairs in this country?” Hart agreed.

The enquiry also heard startling details about UDeCOTT's connection to CH Development, a subsidiary of Malaysia-based Sunway. CH successfully bid for the $320.7 million Ministry of Legal Affairs building project within months of its formation.

The commission heard earlier that CH did not meet the criteria to qualify for the contract but UDeCOTT awarded it anyway based on its connection to the international parent company, although it not not qualify and the rules were clear that each company was ti be considered on its own merit.

Documents revealed that CH had the same fax number as UDeCOTT. Rowley's lawyer, Gilbert Peterson questioned Hart about the matter. Hart admitted that the numbers were the same but said he did not know how that was possible. "I have no idea, but I am going to get to the bottom of it," he said.

Hart also revealed that he receives five salaries and that his remuneration package was approved by the Public Sector Negotiating Committee. He didn't state a figure but added that receives a bonus of between half-month and three months’ salary.

Uff asked whether he would also receive a bonus for the Brian Lara stadium. He explained that he would not because that project has not been as successful as was originally intended.

Wednesday, January 28, 2009

A thought for the day

UNC hammers away at draft constitution

Basdeo Panday made a strong pitch to carefully consider constitutional reform and guard against allowing Patrick Manning becoming Trinidad and Tobago's executive president without the consent of voters.

Speaking at a political meeting Monday night the political leader of the United National Congress (UNC) warned against complacency on the issue and even suggested that the constitutional issue is more important than crime because of the implications for the nation's freedom and democracy.

Panday apologized to supporters for dealing with such a complex issue but explained that they must clearly understand how dangerous the draft constitution document really is. And he also warned his own parliamentarians about contemplating support for it.

"When this constitution becomes law, the Prime Minister becomes the Executive President until there is a general election," he said.

That would hand Manning greater powers, which he could use to erode all the freedoms that are now taken for granted, Panday explained.

He also criticised the new document for its lack of safeguards to ensure the separation of powers and for protecting the independence of the Police Service and the Judiciary.

He said it is the executive president who would have the power to call an election but the document does not set any time limit for the head of state to step down. "We are in agreement with the concept of an executive president," Panday said. "But he must be elected by the people and he must serve only two terms."

Panday said that the current document provides for the executive president to be selected in a general election from persons selected by the ruling party.

"If the PNM gets a constitutional majority in Parliament then this document becomes law and Manning automatically becomes the Executive President...The people can do nothing because the Constitution does not contain mechanisms to empower the people to force the government to act," Panday said.

He said his party supports reform because the new constitution, like the existing one, does not actually empower the people. "The people shouldn't only have rights in writing," he said.

Panday explained why he feels the issue of constitutional reform is more important than discussions on crime, health and other issues facing the nation. He said "the holes" in the current document account for many of the root causes of these problems.

T&T Gov't pre-empts Uff probe, orders forensic audit of Cleaver Heights

The Patrick Manning administration is refusing to give up on its quest to uncover discrepancies at the government's Cleaver Heights housing project in Arima which was started when Keith Rowley was housing minister. On two occasions Prime Minister Patrick Manning referred to missing millions of dollars under Rowley's watch and on both occasions the government housing agency has confirmed that there is no missing money. Now Manning is ordering a forensic audit for the project.

On Tuesday cabinet minister Dr Emily Gaynor Dick-Forde told the Senate the government has hired forensic investigator Bob Lindquist to investigate the controversial project. Dick-Forde is the Planning, Housing and the Environment Minister.

The project is a joint venture between government's Housing Development Corporation (HDC) and NH International Caribbean Ltd and is included in the terms of reference of the John Uff Commission of Enquiry into the Construction Sector and UDeCOTT, now taking place in Port-of-Spain.

In a written submission to the Uff commission, the HDC has cleared Rowley of any wrongdoing, but Gaynor Dick-Forde is not pleased with that report to the enquiry. She said that it why the government has engaged the services of Linguist.

She said the independent probe became necessary "following the observed discrepancies with the submissions by the management of the HDC." She spoke about "several concerns” with the draft document.

The HDC's statement filed on Jan. 21 was signed by its managing director, Margaret Chow apparently confirmed Rowley's version of the "missing $10 million" as an error, putting Manning's statement in Parliament in doubt. Rowley and the contractors had both said the so-called missing millions was really a clerical error and that no money was missing.

The minister told the Senate she has informed the commission that the HDC report is "untrue". In a detailed submission she lashed out against her own department saying the HDC report contained "inconsistencies and inaccuracies", pointing out that the project lacked "final regulatory approvals" from several governments agencies, including the ministry of works, the water and sewerage authority, the regional corporation as the town and country planning division. She said town and country only provided outline approval.

The minister outlined many concerns that she said that have not been answered satisfactorily by the management of the HDC, calling them "quite worrisome concerns". The include:

  • The lack or absence of a signed contract between the (then) NHA, HDC and NHIC, on which the HDC draft submission was silent
  • The inconsistencies in both the HDC and NHIC documents on the agreed contract price
  • A variation sum of approximately 23 per cent of the contract sum of $133,129,000 was proposed by NHIC, of which 93 per cent has been paid to date
  • NHIC appeared to have received full payment for the land. However, no documents have been lodged with the HDC to confirm NHIC’s ownership of the land title, which, to date, has not been transferred to the HDC nor to the beneficiaries

Dick-Forde said Government was particularly concerned about the contract price. She told the Senate that the components of the contract price "have been altered several times" in HDC’s and NHIC documents. She explained that was the reason why the government decided to bring in an independent investigator.

Rowley has so far declined comment on this development but political sources are wondering why the government is insisting on a "witch-hunt" on Cleaver Heights especially since the project is included in the Uff enquiry.

Opposition Senate leader Wade Mark said the attempt to implicate Rowley is a blatant abuse of public funds.

He said the Linguist probe is intended to erase the prime minister's embarrassment over statements he made in parliament pointing fingers at his former cabinet colleague.

He wonder why the same government that has consistently refused to probe the operations of UDeCOTT is now rushing to a project that's already under review by the Uff commission. he suggested that Linguist be better used as an investigator to assist the commission "in order to get at the heart of the corruption, irregularities and impropriety at UDeCOTT."

He also took a direct swing at the minister saying it is clear that the reason she found it necessary to send her own statement to the enquiry shows that she is not in charge of her ministry. And he concluded that the probe is no more than a personal vendetta against Rowley.

UDeCOTT boss admits 'irregularity' in award of $368M contract

Calder Hart admitted under cross examination Tuesday that the Urban Development Corporation of which he is executive chairman awarded a $368 million contract to a local company that which failed to meet all the requirements. He was giving testimony at the Commission of Enquiry into the construction sector and UDeCOTT.

The company in question - CH Development, a subsidiary of the Malaysian firm, Sunway International - was awarded the lucrative contract to build the Legal Affairs Towers on the Government Campus in Port-of-Spain.

Hart told the commission said it was done because of the local company's connection with the international firm. “At the time, I was not involved in the pre-qualification except to look at the assessment that was brought to the board,” he said. Hart said the board received a recommendation regarding CH/Sunway. At the time he was both chairman of UDeCOTT and chairman of the tenders committee.

In order to qualify for a contract a company had to show that had a five-year track record and the financial ability to handle the contract. CH didn't but Hart insisted that it got the contract because it had the support of Sunway. The company later changed its name to Sunway Caribbean.

He admitted, “It may not have been the neatest exercise but the fact is it resulted in a building going up and the fact is that Sunway emerged as the top performing contractor on the Government Campus.”

The UDeCOTT boss said the board “at all times felt it was dealing with Sunway” and he dismissed suggestions that UDeCOTT rejected Government procurement rules. He said former ministers in the Ministry of Finance Conrad Enill or Christine Sahadeo had told him those rules were just "guidelines".

But Hart also pointed that UDeCOTT directors must follow specific instructions from the Cabinet regarding State projects or resign. He insisted that UDeCOTT "cannot operate without a directive from Cabinet", adding that "there is latitude within the prescription of how we do things."

Hart's statement contradicted UDeCOTT's Senior Counsel Andrew Goddard who told the commission last week that UDeCOTT "is under no legal obligation or constitutional obligation to accept instructions from ministers." That position was also clearly stated by UDeCOTT's CEO, Neelanda Rampaul.

Fitzpatrick sought clarification. "The issue is do you consider that you are bound to carry out the directives of tour sole client and sole shareholder?" Fitzpatrick asked. "Yes," Hart replied.

When Fitzpatrick pointed out the obvious contradiction, pointing out that cabinet could not only gave instructions but also direct UDeCOTT on how to carry out the instruction, Hart said that's where the issue gets "a little blurry".

He said, "If for example you are taking direction that is beyond the scope or not within the business convention of a company like UDeCOTT, then I think that is something that would require further discussion, further debate."

On the matter of the award of the contract to CH Development, Fitzpatrick reminded Hart that in the case of another million-dollar project Hafeez Karamath Ltd was treated separately from its parent company Hafeez Karamath Construction Ltd (HKCL) when it submitted its bid for the Customs and Excise building in Port of Spain in 2003.

Fitzpatrick noted that the legal opinion was that there is a clear distinction between a company and its subsidiaries and suggested that Hart was fully aware of that advice Sunway and its subsidiary, CH development submitted an application for pre-qualification with UDeCOTT.

But Hart was adamant that UDeCOTT did not see it that way. "We didn't see them as separate legal entities," he said.

Tuesday, January 27, 2009

UDeCOTT more powerful than T&T cabinet

The Executive Chairman of the Urban Development Corporation of Trinidad &Tobago (UDeCOTT), Calder Hart, takes the witness stand Tuesday at the Uff enquiry into the construction sector and UDeCOTT. And commission chairman John Uff has served notice that Hart would have to reveal what he is being paid.

During Monday's hearing UDeCOTT's attorney successfully objected to getting the corporation's CEO Neelanda Rampaul to reveal her compensation package. Uff then served notice that it would be different with Hart.

“We are interested in the complete financial package for employers and particularly directors of UDeCOTT, including all benefits and perks that go with the various offices they hold,” Uff said.

Hart’s attorney Frank Solomon advised the commission that all UDeCOTT's directors are required by law to declare their assets to the Integrity Commission and they did so in confidence. But that was not good enough for Uff.

"We will consider what we will do about the information and, indeed, whether we will accept it in confidence but I simply wanted you to be on notice that questions of that sort will be put to Mr Calder Hart," the chairman stated. He explained further: "We’re not interested in his personal wealth, we’re interested in the package of remuneration, including bonuses and other benefits, that go with the office.”

During Monday's hearing, commissioner Israel Khan suggested to Rampaul that UDeCOTT is more powerful than the Cabinet of Trinidad and Tobago.

Khan: “You know you could sell guns?”
Rampaul: “In law, yes, under the terms and the objects.”
Khan: “And ammunition?...You could even sell disinfectant and provisions and agricultural produce, guns, rifles, revolvers, ammunition.”
Rampaul: “Yes.”

Rampaul told the enquiry while the line minister for UDeCOTT could issue directives to UDeCOTT, its board didn’t have to comply with them. And she said further that the board does not necessarily have to accept the directives of the Prime Minister and/or Cabinet.

Khan noted that such rules allow UDeCOTT to do almost anything in this country and wondered if it could engage in “producing pumpkin and bhaggi to getting into gas and oil. They could do that?”

Rampaul told him, “Yes, from a strict legal point of view, the company has that discretion.” That prompted the commissioner to ask if UDeCOTT is more powerful than the Cabinet since it has the power to get into the gas and oil business and also “lend money to anybody, millions of dollars, without any security.”

Again Rampaul agreed: “From a strict legal point of view, yes. The company has that discretion.”

Khan: “And it also could engage with outside (foreign) governments and other states. It seems to me that this company is more powerful than the Cabinet of this country...You are not required in law to take directions from the prime minister, a line minister and the Cabinet. Isn’t that so?”
Rampaul: “In law, yes.”

The Brian Lara Stadium was also the focus of testimony Monday. When the government announced the project in 2005, the cost was put $275 million. Two years later then sports minister Roger Boynes revised it to $558 million.

Now, with no completion date in sight, Rampaul gave the enquiry a cost of $700 million. And she confirmed that Hafeez Karamath Ltd received $125 million in advance payments even before signing a contract with UDeCOTT in October 2006.

Rampaul said UDeCOTT is going to lose money on the project, stating that "we are funding the stadium to a certain extent."

She made the statements under cross examination by Senior Counsel Gilbert Peterson, the lead attorney for former housing minister Keith Rowley. When asked for a specific figure Rampaul said she believes the final cost would be "in the 700 range". She appeared unsure about the $700 million figure and told Peterson she may have her figures mixed up.

Sunday, January 25, 2009

A thought for today

"A journey of a thousand miles begins with a single step." Confucius

TT government considering merging all its media units

The government of Trinidad and Tobago is considering the merge of all its media assets into a mega-media unit. Information Minister Neil Parsanlal made the disclosure in an interview with the Express newspaper.

The group would include Caribbean News Media Group (CNMG), which is the successor company to the National Broadcasting Network (NDB), the newly-created Government Information Services Ltd (GISL), the Information Channel 4, CNMG (Channel 6) and its four radio stations, 610 AM, 91.1 FM, 98.9 FM and 100 FM.

Parsanlal told the paper Government is reviewing a number of options to make the "best use of its media assets" but made it clear that the government has not made any decision on the matter.

CNMG chairman Marlon Holder told the Express the government wants to see a return in its investment in media but the organization has not had any detailed plans of a merger. He said so far it's "business as usual". The organization's CEO Dominic Beaubrun said, "Whatever the outcome...the challenge will continue to be what role, if any, does Government have in media."

Curtis Williams, who is the station's head of news, said he is not aware of any merger talks. "We continue to pursue the news in the same independent way since we started...we have been fiercely independent and we continue do that." CEO of the government information service Maxie Cuffie told the paper: "Those kinds of decisions are above my pay grade. I am not aware of any such decisions being taken."

And Dr Lenny Saith, Minister of State in the Office of the Prime Minister and the man who presided over NBN's closure and CNMG's start-up, told the Express he doesn't want to pre-empt the Information Minister.

He said Minister Parsanlal is examining the State's media holdings with a view to reorganization. "When it comes to Cabinet we will discuss it," he said.

The former NBN comprised the state-owned Trinidad and Tobago Television (TTT) and four radio stations that were merged into a single company by Louis Lee Sing, who headed the organization during the first Patrick Manning administration.

Read about TTT from some of its pioneers.

Surviving the avalanche: Indian Identity under threat



The following is an address delivered by prominent Trinidad and Tobago attorney Anand Ramlogan at the 2009 Pravasi Bharatiya Divas Conference at the Chenai Convention Center, India on Jan 8, 2009. You can email Anand at anand@tstt.net.tt

The Diaspora has made powerful strides in the countries they made home. 150 years and three generations later however, the Indian youth faces an identity crisis that will shake the very foundation of values that were so entrenched in our forefathers.

Modern technological developments such as the internet, multi-media cell phones, and iPods have changed the way we live. Much of it facilitates teenage independence in a way that loosens the grip and influence of parents.

The penetrating pressure of the need to conform and the process of artificial social engineering designed to dilute, assimilate and absorb means that a lost generation is now in the making. Parenting and peer pressure are different concepts today from what they were in your generation.

Technological developments allow the tentacles of these influences to take root and grow inside your child's bedroom and your own living room as they are glued to headphones, cable TV, computers, cell phones, televisions and Ipods.

It would be foolish to think we can win this battle by traditional means. You do not have access to your child's password to access her email on facebook or see what his/her profile says.

The evolution of the Indian identity is at a critical juncture. It is being re-shaped and influenced by new role models from the American and European music industry, the sporting arena and top actors and actresses from mainstream box office hits at the cinema.

For the children of the Diaspora, sexuality and masculinity is defined by reference to a non-Indian identity. The role models that emerge from movies and sports are either white or black, but never brown.

It as if the Indian is not white enough or black enough. Indian youths are on the periphery of this mainstream. Unable to withstand the peer pressure, our sons and daughters are slowly but surely jumping into this river of western influence where the strong currents take them far away from Indian values and culture.

Will they, in time be washed up on the shore like the growing band of teenagers who were reduced to shipwrecked non-entities without cultural roots and identities?

A major contributor to this undermining of Indian identity is the absence of young Indian role models with whom our children can identify. Posters adorn their walls in their bedroom and on facebook of white and black NBA basketball stars, rap singers, footballers and cinema gods. They grow up idolizing and wanting to be something and someone they're not.

Ask your child to name her stars and role models and see how many Indian names he/she will call. They do not idolize scientists and astronauts; they idolize popular sportsmen and artistes from the West.

In the quest to fit in, they gradually compromise until they eventually reject their heritage and identity.

The problem is compounded by the fact that our traditional culture does and has not prepared the Indian man of today for the Indian girl of tomorrow. Indian girls have been liberated by education. They are sexy, confident, outgoing and adventurous. They have expectations of a life partner based on a different, westernized concept of equality that rejects subservience.

The Indian boy is stuck in a time warp in the past while his sisters have moved ahead. Girls generally have the emotional support and confidence of the mother but Indian fathers have not traditionally developed close relationships with their sons.

The traditional role of the Indian father must be expanded and re-defined. It must now include teaching sons' social skills, how to interact with girls and yes, sensitive topics such as sex education.

As arranged marriages become less common in the Diaspora, how to woo a young lady is actually as important as how to make a million.

Whilst girls have their mothers to confide in and be a friend, Indian boys are left to fend for themselves because the father has not adjusted his role in light of modern influences and realities.

The girl is prepared and moulded in the westernized concept of equality of the sexes while the boy is still hoping for a girl like his mother without realizing that she is probably the last of the Mohicans.

The phenomenon of the single Indian female professional bears testimony to the inability of the Indian man to move beyond traditional boundaries. More and more, your educated, independent Indian daughters are forced to seek boyfriends and husbands from outside the Diaspora.

The beauty of Indian women means that they are in demand as girlfriends and life-partners. The Indian man of today is therefore totally unprepared for the Indian girl of tomorrow. Where does this leave the Indian boy of yesterday?

I am the youngest presenter at this conference and make no apologies for raising this issue despite the focus on international economics and politics. The average age of our presenters is around 60. In the future, it is my hope that more youths will be included and given the opportunity to contribute.

We must groom the next generation of future Indian leaders. Unless the Indian community identifies and acknowledges this identity crisis as an urgent social problem, a crisis is in the making: failure to evolve and adapt could lead to extinction.

Saturday, January 24, 2009

UDeCOTT broke tenders rules in awarding contract

A top executive of the the Urban Development Corporation of Trinidad and Tobago (UDeCOTT) admitted to the Uff enquiry into the construction sector Friday that UDeCOTT broke tender rules with respect to contractor Hafeez Karamath Ltd (HKL).

UDeCOTT's chief operating officer Neelanda Rampaul told the commission HKL became a main contractor for the Brian Lara Stadium and Cricket Academy in Tarouba even though the company breached tender rules by submitting proposals and not tenders.

She said the rules are clear that the company should have submitted a tender along with a tender fee instead of submitting proposals for free.

She made the admission during cross examination by Senior Counsel Leslie Fitzpatrick, who is representing the Joint Consultative Council (JCC). Rampaul said prior to the close of the tenders, nobody submitted any tender.

Fitzpatrick said UDeCOTT's board received a note in 2006 from its acting chief executive officer stating that the board accept a proposal by HKL dated the 30th of May, 2006. For the records, he asked Rampaul: "So in effect, what HKL was doing was bypassing the tender procedures and submitting a proposal, were they not?" to which she answered, "Yes."

Rampaul said that HKL was the only contractor that collected the tender documents for the Brian Lara Stadium project and ultimately submitted three proposals. She suggested that the breach of rules was minor.

"We followed it but there would always be instances where there would minor infractions," she said.

Fitzpatrick asked Rampaul about the composition of UDeCOTT's tenders committee from 2005 to 2006, pointing out that the organization's own tender rules state that the committee must be comprised of the chairman, two board members and two senior non-board members of staff.

He said that UDeCOTT had a chief operating officer and a chief constructions engineer who could have sat on the tenders committee instead as opposed to the entire board operating as the committee.

Fitzpatrick: "UdeCOTT, therefore, did not comply with its own tender rules as to the constitution of its tender committee?"

Rampaul: "No, they did not."

She explained that at that time the government had not appointed enough board members and "for operational purposes" the entire board served as the tender committee. She said it was a temporary measure, stating that the board had such a prerogative.

The UDeCOTT executive also revealed that HKL received a $46 million advance payment for the project, which represented 20 per cent of the total sum. She said such payments normally comprise 10 per cent of the total sum but an additional 10 per cent could be added for the acquisition of materials.

The Brian Lara Stadium, which was scheduled to be ready for the 2007 Cricket World Cup, was originally estimated to cost $275 million, has now cost $800 million and no one can say when it would be completed.

HKL is the company that had won the original award for the $100 million Customs and Excise Building project in 2003 before the then Planning and Development Minister Dr Keith Rowley intervened to get the contract quashed, citing concerns about the bidding process.

Friday, January 23, 2009

No one has divine right to government: T&T President

President George Maxwell Richards made a call Thursday for more open government in Trinidad and Tobago, saying that while the country is going through the worst of times it is possible to convert it to "the best of times". He was speaking in Tobago at the inauguration of the PNM-led Tobago House of Assembly (THA).

"The times are challenging, of that there is no doubt, but there is the possibility that these times can serve to bring the people more into partnership with those who govern," the president said.

"Here is an opportunity to be clear about the facts and invite healthy discussion and criticism, on the way forward, to a greater degree than we have seen thus far, in matters that affect our everyday lives and our future in the short, medium and long term."

He explained: "What I am advocating is more open government, more shared perspectives, particularly given that very solid answers to some of our ills may reside within the minds of ordinary people, people who may never be elected to political office.

"This is the time when bipartisan activity can find a place in the way we do things, and it is a way that should become the norm, regardless of political rivalries. In the final analysis, it is the welfare of all of the people that is at stake. That position holds good for general elections, as it does for elections for the Tobago House of Assembly."

The president said is is absolutely critical that all those elected or appointed to political office connect with the people on whose behalf they have been invited to serve, adding that no one has any divine right to govern.

"No matter how brilliant and feasible the policies and plans are, if there is no connection between leadership and the people, it is not the people who would have failed, it would be leadership that has failed," he said.

The president urged the new THA members to communicate with the people they serve because they put trust in them to represent them faithfully. He said their message to the people must always inspire the hopes and aspirations of the people. That, he said, would begin the process of enhancing the quality of life of the people of Tobago.

Rowley presents no evidence of corruption at Uff enquiry

Keith Rowley ended two days of testimony at the Uff Commission Thursday without unveiling any evidence of corruption. That's the conclusion of members of the enquiry probing the construction sector and UDeCOTT. And UDeCOTT's lawyers tried to connect Rowley to possible influence peddling involving his friend, Emile Elias.

It was commission member Israel Khan who raised the matter of UDeCOTT's role, pointing out to the former cabinet minister that in two days of testimony he had failed to present any evidence of corruption against the organization.

Khan and other commissioners intervened during cross-examnination by UDeCOTT’s attorney Andrew Goddard and Frank Solomon, attorney for UDeCOTT’s executive chairman Calder Hart.

Rowley had complained of an alleged flawed process by which UDeCOTT was attempting to award a contract to Hafeez Karamath Ltd. for the construction of the Customs and Excise Building in 2003.

NH (International) Caribbean Ltd (NHIC), which is headed by Rowley's friend, Emile Elias, won the contract. Rowley pointed out in earlier testimony that he tried to riase the issue with his boss, Prime Minister Patrick Manning, who ignored him and his concerns.

Khan asked Rowley a direct question seeking to find out whether the former minister was claiming that the UDeCOTT boss had been conspiring to make a corrupt award.

“I meant that the potential was there,” Rowley responded. Khan pressed the point on whether Rowley had any evidence of corruption but Rowley had none. “I have made no allegation of corruption against any individual," Rowley told the commissioner.

Khan, who was incisive in his line of questioning, asked Rowley if he was saying that if UDeCOTT had awarded a contract to Hafeez Karamath to construct the Customs and Excise Building, there would have been corruption.

Rowley insisted that there was potential for corruption in such an award, and again explained that he was not inferring corruption. He said his interest was to protect UDeCOTT and the Government. He insisted that the process for the award of the contract was wrong and stressed that if the process is wrong "the outcome could be corruption.”

Rowley said, “I cannot offer evidence of what hasn’t been done. The process was on the way and what I sought to do is to stop it before it got to that point.”

Hart's lawyer raised the issue of Rowley's friendship with Elias, pointing out that Elias had made a contribution to Rowley's failed bid to win the leadership of the People's National Movement (PNM) from Manning in 1996.

Rowley admitted that Elias was one of several people who contributed to the campaign but told the commissioners he did not know how much Elias donated because he was not privy to accounting matters.

In response to a direct question from commission chairman John Uff, Rowley said it was not widely known that Elias had put funds into his campaign. Rowley said Elias was a "good friend" but dismissed insinuations that it was because of that connection Elias won the $100 million contract for the Customs and Excise building. At the time Rowley was Planning and Development minister.

He dismissed the suggestion saying, "I was not advocating on behalf of any contractor," explaining that he was "dealing with the process" of the tender and "not the contractor".

Both companies had tied as the lowest bidders. When Karamath's company lost its bid the contract went to NHIC.

Elias' company was involved in two other major government projects that have become highly controversial and Manning has tried to connect Rowley to both. NH was the contractor for the Tobago hospital which had to be abandoned after massive cost overruns and allegations of corruption that fingered Rowley and his wife. They were cleared of any wrongdoing.

The other project is the Cleaver Heights housing development project awarded while Rowley was housing minister. Manning went to Parliament on at least two occasions to demand explanations for missing money.

In one instance he spoke of $10 million and on another, $20 million. Both Rowley and Elias have produced evidence that they show that there was no missing money and pointed out that Manning knew that when he went to the Parliament to raise concerns about the matter.

The state-owned Housing Development Corporation (HDC) has informed the Commission there is no missing money from the Cleaver Heights Housing project as stated in Parliament by Manning.

In a written submission to the enquiry, the HDC said the apparent million-dollar discrepancies is because of two errors contained in a letter of award drawn up by the HDC and addressed to the project contractor, NH International Limited.

It said the initial contract sum was wrongly stated as $143 million when it should have been $133 million.

“The letter of award to NH dated May 3, 2005 contained two errors resulting in the contract sum being stated as $143 million as opposed to $133 million,” the HDC submission stated. “This latter figure is a repeat of an error contained in the Note to the Board dated April 11, 2005...The letter of award overstated the contract sum by $10 million.”

The document stated that, “the errors contained in the letter of award were repeated in subsequent documents including valuation reports and the errors were not detected by HDC personnel, until late 2008.”

It also said approved cost variations amounts added more than $22 million to the contract.

Murders up in T&T; minister vows to go after gangs

National Security Minister Martin Joseph is again telling citizens he would work to bring down what he called the unacceptable number of homicides in Trinidad and Tobago. But as he made the pledge he had to admit that the number of killings so far this year exceeds the number for the same time last year.

There were 550 homicides last year, an all time record. The figure was higher than most metropolitan cities with larger populations than the entire Trinidad and Tobago population. Toronto, for example, with 2.5 million people, recorded 70 murders for 2008.

So far we have had as of January 21, 2009, 35 homicides as compared to 32 in 2008 and 15 in 2007," Joseph said.

He noted that the killings were concentrated in four police divisions, showing an increase of between 200 per cent and 40 per cent. The highest figure was in the Southern and Central Divisions, which rose by 200 per cent.

"What I can assure you is no way are we going to find ourselves in 2009 in the situation we found ourselves in 2008...We had a situation in 2008 that was total unacceptable in terms of homicide," he said. He promised again that the focus would be on gangs.

And he appeared to shift blame from himself and his ministry to the police, saying that under the Police Reform Acts, the Commissioner of Police has complete autonomy for dealing with crime. He said his ministry is no longer responsible for reporting on operational aspects.

Thursday, January 22, 2009

Gordon blames governments for poor media standards

Media icon Ken Gordon has blamed successive governments in Trinidad and Tobago for what he calls "the appalling standards in electronic media". He said governments created the problems by granting licences without establishing monitoring standards.

The retired Chairman of Caribbean Communications Network (CCN) was commenting on the proposed Code of Conduct during a luncheon Wendesday hosted by the Rotary Club of Maraval.

He said while he welcomes such a code he believes it should be properly tailored to deal with the decline in standards, especially in the electronic media.

“The canons of good taste do not appear to be understood, racism is promoted; excesses dominate; pronunciation is abominable, green verbs are the order of the day and standards have fallen on every side.," Gordon lamented. He added, “There is a terrible weakness in the electronic media. No efforts have been made to make people accountable for standards.”

He said successive governments must bear the blame, starting with the National Alliance for Reconstruction (NAR), that opened up the airways and granted licences without enforcing standards.

On the code of conduct he said, “It is inconceivable 37 radio stations can be effectively monitored across the board in a fair and equitable manner for the myriad offences which have been identified in the proposed Code.”

He said, “It is an absurdity to expect these 37 radio stations to be effectively monitored.”

Gordon, who is a passionate defender of media freedom, observed that protection of the press is enshrined in the Constitution and therefore it can only be challenged by the courts in such matters as libel and slander.

However he noted that it is different with the broadcast media, which require a licence to operate. He warned that such licences carry conditions "and these can effectively be used to control abuses."

He was highly critical of the proposed Code calling it "impractical in this environment and if disciplinary action were attempted against offending radio stations, the process of judicial review can make the exercise a recipe for confusion.”

Gordon said standards must be introduced into the terms of the licences. “This is eminently possible and can control the excesses without the confusion which will certainly follow the introduction of the proposed Code of Conduct."

He welcomed action against excesses by the electronic media but said, "we must get it right."

The former journalist and broadcaster said there is a need for proper training for media personnel and also a matter of ethical standards in the choice of images of gore and violence and wining women.

The whole issue of media responsibility came up recently when the prime minister went to a radio station to complain about a broadcast by two announcers who were critical of the the government. The two were subsequently suspended for breach of their station's policies.

But it raised an outcry about media freedom.
Read the story
Related story: Media take on Manning

We the media

When Prime Minister Patrick Manning "dropped in" at a radio station to complain about a broadcast by two announcers late last year there was a huge controversy that reopened the never-ending debate about media freedom and the relationship between the state and the media.

Manning defended his position that he was merely voicing an opinion and he had the right as a citizen to drop in and complain if he felt aggrieved. And he said he would do it again "if the spirit moves me".

Manning took a lot of heat for his actions but also got support from some media personnel, especially his friend and communications adviser, Louis Lee Sing, who slammed the media for causing their own troubles by their lack of professionalism. Lee Sing even challenged the media to police itself and come up with a professional code of ethics and standards to guide how the media operate in a plural society such as ours.

I hold the view that Mr. Manning was wrong to personally "drop in" on the radio station. At the same time I acknowledge that media have a responsibility to be fair and accurate and in Trinidad and Tobago that quality is wanting among many media practitioners. However, I remain strongly committed to the idea that media must be free from fear and that Manning's visit sent all the wrong signals.

It is no secret that governments everywhere become uncomfortable when they are the subject of severe criticism. It’s a natural reaction. But Manning’s insistence that he did nothing wrong and that he was exercising his rights just as any other citizen is something we in the media cannot and must not accept.

He is NOT an ordinary citizen and whether he intended it or not, his visit sent a clear signal that he would not tolerate criticism.

But while that is so, we in the media must ensure that we accept our professional responsibility. Unless truthfulness, responsibility and a commitment to fairness and balance guide our work, the government would justify the introduction of regulatory measures to keep the media in line.

And that’s what we must worry most about.

We acknowledge that without a doubt there is a fair amount of irresponsibility in the Trinidad and Tobago media, especially the electronic media. Too often citizens are exposed to unprofessional conduct from a new generation of media personnel who have no regard for truth, fairness, balance or common decency. Some of what passes for journalism borders on obscenity and hate.

The government, the opposition, businesspeople, ordinary citizens have all been victims of the media onslaught. The biggest culprit in the media is talk radio. But an analysis of media content would demonstrate that there is still a fair level of professional journalism and little evidence for a government minister to suggest that our media are "the worst in the world".

What has happened in Trinidad and Tobago is that the proliferation of 37 radio stations has caused a significant decline in broadcast and journalistic standards and that some media managers are content to put anybody in front of a mike without any consideration for the tremendous responsibility the job demands.

In this context the media must fully support any measure to improve their standards if media are to continue to be the guardians of freedom and democracy or a fourth and fifth estate.

However no government has the right to take away or infringe in any way on the right of the media to operate freely. Our constitution enshrines the right to a free press and the freedom of expression; we must accept no less.

The government of the day must must face media scrutiny of its affairs. In a democracy the media must seek out the issues on behalf of the people and report on them as fairly and objectively as they can so that the people can form an informed opinion on which they can act. That’s how democracy works.

Democracy can only flourish when there is a free and independent media. Every government - especially in small emerging nations such as ours - owes a responsibility to the people to ensure that they have access to a free and unfettered media.

Journalism's first obligation is to the truth and its first loyalty is to the citizens. And because media have an obligation to be fair and objective, its practitioners must maintain an independence from those they cover and must at all times serve as an independent monitor of power.

We must also accept that our role in a democratic society is to provide a forum for public criticism and compromise while maintaining a fair and accurate picture of the community we serve. And we must never forget that while we have a right to operate without government hindrance, citizens too - including politicians and the other primary definers of society - have rights which they will defend.

In the final analysis we mirror our society, perhaps even define an agenda, but we must never shut out dissent or allow anyone to manipulate media in such a way to prevent today's minority from becoming tomorrow's majority.

Tuesday, January 20, 2009

Inauguration address by Barack Obama, 44th U.S. President

(Watch Barack Obama take the oath of office and his inaugural address)
My fellow citizens: I stand here today humbled by the task before us, grateful for the trust you have bestowed, mindful of the sacrifices borne by our ancestors. I thank President Bush for his service toour nation, as well as the generosity and cooperation he has shown throughout this transition.

Forty-four Americans have now taken the presidential oath. The words have been spoken during rising tides of prosperity and the still waters of peace. Yet, every so often the oath is taken amidst gathering clouds and raging storms. At these moments, America has carried on not simply because of the skill or vision of those in high office, but because We the People have remained faithful to the ideals of our forbearers, and true to our founding documents.

So it has been. So it must be with this generation of Americans.

That we are in the midst of crisis is now well understood. Our nation is at war, against a far-reaching network of violence and hatred. Our economy is badly weakened, a consequence of greed and irresponsibility on the part of some, but also our collective failure to make hard choices and prepare the nation for a new age. Homes have been lost; jobs shed; businesses shuttered. Our health care is too costly; our schools fail too many; and each day brings further evidence that the ways we use energy strengthen our adversaries and threaten our planet.

These are the indicators of crisis, subject to data and statistics. Less measurable but no less profound is a sapping of confidence across our land - a nagging fear that America's decline is inevitable, and that the next generation must lower its sights.

Today I say to you that the challenges we face are real. They are serious and they are many. They will not be met easily or in a short span of time. But know this, America - they will be met.

On this day, we gather because we have chosen hope over fear, unity of purpose over conflict and discord. On this day, we come to proclaim an end to the petty grievances and false promises, the recriminations and worn out dogmas, that for far too long have strangled our politics. We remain a young nation, but in the words of Scripture, the time has come to set aside childish things. The time has come to reaffirm our enduring spirit; to choose our better history; to carry forward that precious gift, that noble idea, passed on from generation to generation: the God-given promise that all are equal, all are free, and all deserve a chance to pursue their full measure of happiness.

In reaffirming the greatness of our nation, we understand that greatness is never a given. It must be earned. Our journey has never been one of short-cuts or settling for less. It has not been the path for the faint-hearted - for those who prefer leisure over work, or seek only the pleasures of riches and fame. Rather, it has been the risk-takers, the doers, the makers of things - some celebrated but more often men and women obscure in their labor, who have carried us up the long, rugged path towards prosperity and freedom.

For us, they packed up their few worldly possessions and traveled across oceans in search of a new life.For us, they toiled in sweatshops and settled the West; endured the lash of the whip and plowed the hard earth. For us, they fought and died, in places like Concord and Gettysburg; Normandy and Khe Sahn.

Time and again these men and women struggled and sacrificed and worked till their hands were raw so that we might live a better life. They saw America as bigger than the sum of our individual ambitions; greater than all the differences of birth or wealth or faction.This is the journey we continue today. We remain the most prosperous, powerful nation on Earth. Our workers are no less productive than when this crisis began. Our minds are no less inventive, our goods and services no less needed than they were last week or last month or last year. Our capacity remains undiminished. But our time of standing pat, of protecting narrow interests and putting off unpleasant decisions - that time has surely passed.

Starting today, we must pick ourselves up, dust ourselves off, and begin again the work of remaking America.

For everywhere we look, there is work to be done. The state of the economy calls for action, bold and swift, and we will act - not only to create new jobs, but to lay a new foundation for growth. We will build the roads and bridges, the electric grids and digital lines that feed our commerce and bind us together. We will restore science to its rightful place, and wield technology's wonders to raise health care's quality and lower its cost. We will harness the sun and the winds and the soil to fuel our cars and run our factories. And we will transform our schools and colleges and universities to meet the demands of a new age. All this we can do. And all this we will do.

Now, there are some who question the scale of our ambitions - who suggest that our system cannot tolerate too many big plans. Their memories are short. For they have forgotten what this country has already done; what free men and women can achieve when imagination is joined to common purpose, and necessity to courage. What the cynics fail to understand is that the ground has shifted beneath them - that the stale political arguments that have consumed us for so long no longer apply. The question we ask today is not whether our government is too big or too small, but whether it works - whether it helps families find jobs at a decent wage, care they can afford, a retirement that is dignified.

Where the answer is yes, we intend to move forward. Where the answer is no, programs will end. And those of us who manage the public's dollars will be held to account - to spend wisely, reform bad habits, and do our business in the light of day - because only then can we restore the vital trust between a people and their government.

Nor is the question before us whether the market is a force for good or ill. Its power to generate wealth and expand freedom is unmatched, but this crisis has reminded us that without a watchful eye, the market can spin out of control - and that a nation cannot prosper long when it favors only the prosperous. The success of our economy has always depended not just on the size of our Gross Domestic Product, but on the reach of our prosperity; on our ability to extend opportunity to every willing heart - not out of charity, but because it is the surest route to our common good.As for our common defense, we reject as false the choice between our safety and our ideals.

Our Founding Fathers, faced with perils we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man, a charter expanded by the blood of generations. Those ideals still light the world, and we will not give them up for expedience's sake. And so to all other peoples and governments who are watching today, from the grandest capitals to the small village where my father was born: know that America is a friend of each nation and every man, woman, and child who seeks a future of peace and dignity, and that we are ready to lead once more.

Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions. They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint.We are the keepers of this legacy. Guided by these principles once more, we can meet those new threats that demand even greater effort - even greater cooperation and understanding between nations.

We will begin to responsibly leave Iraq to its people, and forge a hard-earned peace in Afghanistan. With old friends and former foes, we will work tirelessly to lessen the nuclear threat, and roll back the specter of a warming planet.

We will not apologize for our way of life, nor will we waver in its defense, and for those who seek to advance their aims by inducing terror and slaughtering innocents, we say to you now that our spirit is stronger and cannot be broken; you cannot outlast us, and we will defeat you.

For we know that our patchwork heritage is a strength, not a weakness. We are a nation of Christians and Muslims, Jews and Hindus - and non-believers. We are shaped by every language and culture, drawn from every end of this Earth; and because we have tasted the bitter swill of civil war and segregation, and emerged from that dark chapter stronger and more united, we cannot help but believe that the old hatreds shall someday pass; that the lines of tribe shall soon dissolve; that as the world grows smaller, our common humanity shall reveal itself; and that America must play its role in ushering in a new era of peace.

To the Muslim world, we seek a new way forward, based on mutual interest and mutual respect. To those leaders around the globe who seek to sow conflict, or blame their society's ills on the West - know that your people will judge you on what you can build, not what you destroy. To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side of history; but that we will extend a hand if you are willing to unclench your fist.

To the people of poor nations, we pledge to work alongside you to make your farms flourish and let clean waters flow; to nourish starved bodies and feed hungry minds. And to those nations like ours that enjoy relative plenty, we say we can no longer afford indifference to suffering outside our borders; nor can we consume the world's resources without regard to effect. For the world has changed, and we must change with it.

As we consider the road that unfolds before us, we remember with humble gratitude those brave Americans who, at this very hour, patrol far-off deserts and distant mountains. They have something to tell us today, just as the fallen heroes who lie in Arlington whisper through the ages. We honor them not only because they are guardians of our liberty, but because they embody the spirit of service; a willingness to find meaning in something greater than themselves. And yet, at this moment - a moment that will define a generation - it is precisely this spirit that must inhabit us all.

For as much as government can do and must do, it is ultimately the faith and determination of the American people upon which this nation relies. It is the kindness to take in a stranger when the levees break, the selflessness of workers who would rather cut their hours than see a friend lose their job which sees us through our darkest hours. It is the firefighter's courage to storm a stairway filled with smoke, but also a parent's willingness to nurture a child, that finally decides our fate.

Our challenges may be new. The instruments with which we meet them may be new. But those values upon which our success depends - hard work and honesty, courage and fair play, tolerance and curiosity, loyalty and patriotism - these things are old. These things are true. They have been the quiet force of progress throughout our history.

What is demanded then is a return to these truths. What is required of us now is a new era of responsibility - a recognition, on the part of every American, that we have duties to ourselves, our nation, and the world, duties that we do not grudgingly accept but rather seize gladly, firm in the knowledge that there is nothing so satisfying to the spirit, so defining of our character, than giving our all to a difficult task.

This is the price and the promise of citizenship. This is the source of our confidence - the knowledge that God calls on us to shape an uncertain destiny. This is the meaning of our liberty and our creed - why men and women and children of every race and every faith can join in celebration across this magnificent mall, and why a man whose father less than sixty years ago might not have been served at a local restaurant can now stand before you to take a most sacred oath.

So let us mark this day with remembrance, of who we are and how far we have traveled. In the year of America's birth, in the coldest of months, a small band of patriots huddled by dying campfires on the shores of an icy river. The capital was abandoned. The enemy was advancing. The snow was stained with blood. At a moment when the outcome of our revolution was most in doubt, the father of our nation ordered these words be read to the people:

"Let it be told to the future world...that in the depth of winter, when nothing but hope and virtue could survive...that the city and the country, alarmed at one common danger, came forth to meet [it]."

America. In the face of our common dangers, in this winter of our hardship, let us remember these timeless words. With hope and virtue, let us brave once more the icy currents, and endure what storms may come.

Let it be said by our children's children that when we were tested we refused to let this journey end, that we did not turn back nor did we falter; and with eyes fixed on the horizon and God's grace upon us, we carried forth that great gift of freedom and delivered it safely to future generations. Thank you. God bless you. And God bless the United States of America.

Barack Obama 2009.01.20 - Washington, D.C.

Jai & Sero

Jai & Sero

Our family at home in Toronto 2008

Our family at home in Toronto 2008
Amit, Heather, Fuzz, Aj, Jiv, Shiva, Rampa, Sero, Jai