Jeremie tried to force DPP to charge Panday and Duprey: Report

A report in the Sunday Express says new Trinidad and Tobago Attorney General, John Jeremie, tried to push former Director of Public Prosecutions (DPP) Geoffrey Henderson to charge Opposition Leader Basdeo Panday and businessman Lawrence Duprey, chairman of CL financial.

It happened in 2006 when Jeremie was the attorney general. The paper said Henderson refused and accused Jeremie of attempting to interfere with the integrity and transparency of the criminal justice system.

The paper said it has obtained correspondence to support the allegations against Jeremie, who returned to the cabinet as Attorney General (AG) last Friday following the resignation of Brigid Annisette-George.

Annisette-George has only said that she quit for personal matter but Prime Minister patrick Manning told Parliament last week that she left because of a perceived conflict of interest in her dealings with the CL Financial matter. Opposition Leader Basdeo Panday has accused Manning of kicking out Annisette-George because she might have refused to do some of his bidding.

It quoted from what it said is a letter from Jeremie to Henderson dated November 3, 2006 in which he states: "I remind you that the State has expended considerable sums on both the Proman and Desalcott matters.

"In respect of the latter I close by pointing out to you that the additional charge suggested by Peter Thornton, QC several months ago has not been laid. This too is an untenable state of affairs bearing in mind recent events in which it is alleged that a certain prominent judicial officer is said to have deprecated a particular charge of a prominent person in public life on the basis that the charge was laid at a time when elections were in the air."

The Express said Henderson replied on November 9, 2006 telling Jeremie that criminal investigations should be allowed to continue along the usual process.

It said on the specific matter of not instituting criminal proceedings against Panday and Duprey, Henderson acknowledged that he did not reply "to your letter dated April 28, 2006. Your letter to me contained advice provided to you by an eminent Senior Counsel. This advice was unsolicited."

Henderson noted: "That advice recommended that criminal charges be laid against Mr Basdeo Panday and Mr Lawrence Duprey. At that time I was not satisfied that charges could properly be laid. This view was also held by Sir Timothy Cassel, QC who led the prosecution in the Panday trial, the matter in which Duprey gave evidence for the defense."

According to the paper, Henderson told Jeremie said he was not prepared to discuss the investigation, which was incomplete and therefore charges could not be laid. The Express said the DPP told the AG he was not insensitive to the fact that the State had spent considerable sums on the investigation.

"That is not the test to be applied in considering whether or not to institute criminal proceedings against a person suspected of committing an offence.

"In this regard, and with specific reference to your letters of April 28, 2006 and August 25, 2006, I would be failing in my independent duty under the constitution if I were to initiate a charge under your direction where the investigations are incomplete."

Henderson also addressed the matter of the prosecution of persons allegedly involved in bid rigging related to the Desalcott probe. The Express said he wrote: "Mr Thornton QC is advising on the amendments himself. Mr Thornton QC has promised to supply any amendments and/or further charges when he returns to Trinidad in time for his court appearance."

The report said Jeremie responded on November 27, 2006, telling the DPP that it was his "understanding" that British QCs, Thornton and Cassel had given the "go ahead" in the respective matters.

"In the case of Sir Timothy this was done in my presence close to a fortnight ago. In spite of that absolutely no progress has been made. Perhaps it is time for less talk and greater action in defence of the public interest.

"I should remind you in this regard that you have been at the helm of your department for over four years. It does not lie within your mouth in my view to lay criticism against the criminal justice system in circumstances in which Sharma C.J. has pointed to the deficiency in terms of skills against experienced defence counsel."

The paper quoted the DPP's response dated December 11, 2006, noting that it was his duty to uphold the law and to enforce it fairly, without malice and/or fear.

"In deciding to initiate charges against any citizen of this country, I shall be guided by the law and the facts which persuade me that there is a proper basis upon which to prosecute...In so doing, I rely on my own judgment, and may take advice from my legal officers or from members of the private bar whose opinions I may solicit from time to time.

"I am not subject to your directions. Your continued efforts to have me initiate charges against certain persons are highly improper and should they continue, can imperil the successful prosecution of any charge initiated in the matters under investigation."

The Express said in the continuing exchange of correspondence the DPP said the investigations to which the Jeremie referred concerned "persons who are associated in one way or another with a political party in opposition to the party in government. It is therefore even more imperative that any decision to prosecute is not only independent but must seen to be."

He cited the decision of the Privy Council, in the case of former Chief Justice Satnarine Sharma vs. Carla Brown Antoine, citing Lord Bingham at paragraph 14 (2):

"It is the duty of police officers and prosecutors engaged in the investigation of alleged offences and the initiation of prosecutions to exercise an independent, objective, professional judgment on the facts of each case.

"It not infrequently happens that there is strong political and public feeling that a particular suspect or class of suspect should be prosecuted and convicted.

"Those suspected of terrorism, hijacking or child abuse are obvious examples.

"This is inevitable, and not in itself harmful so long as those professionally charged with the investigation of offences and the institution of prosecutions do not allow their awareness of political and public opinion to sway their professional judgment.

"It is a grave violation of their professional and legal duty to allow their judgment to be swayed by extraneous considerations such as political pressure."

The Express said Henderson stood his ground and told Jeremie that he considered his actions "imprudent and improper."

It quoted Henderson as writing: "Any decision to prosecute in these matters is mine alone and I shall do so only when I am persuaded (as I have not yet been) that there is a sufficient basis upon which a jury properly directed can convict."

Henderson continued: "The reasons for my continued reticence at this stage (that is, at the time of writing) at initiating charges are evidential and until I am satisfied upon completion of the investigation and a full review of the file and the evidence contained therein, I shall not initiate charges.

"As to your assertion that Sir Timothy had expressed a view to proceed with charges on these matters, he has expressed no such view to me orally or in writing (his written opinion is to the contrary). To the extent that you are referring to a meeting in your chambers with Sir Timothy on 10th November, 2006 at which I was present, he expressed no such view. With respect to the purported opinion of Peter Thornton, that is a matter for my consideration only."

Source: Sunday Express

Panday unimpressed, says Max must go

Opposition leader Basdeo Panday is not impressed with the explanation that President Max Richards offered the nation in an address Friday night. And he said Saturday the only option is for Richards to resign.

Panday has been the leading voice against Richards over the Integrity Commission fiasco. On Friday Richards apologized for an "error in judgment" in the matter but dismissed calls for his resignation, saying that would not resolve the problem.

He insisted that contrary to what his critics have been saying he has not brought his office into disrepute. But Panday is standing firm. He said, “He (Richards) is misjudging the mood of the people and misjudging his own actions,” adding that the president is treating citizens with contempt.

The former prime minister told the Newsday newspaper Richards should have explained how he could have appointed National Insurance Board (NIB) executive director, Jeffrey McFarlane, to the Commission.

“He should have known about Mc Farlane because it is included in his CV. President Richards could not possibly have not known,” Panday insisted.

The real problem with the Integrity commission began on May 1, the day the president administered the oaths of office to the five members. He made an about turn and appointed McFarlane as deputy chairman of the commission when he had made a commitment to hand that position to retired appeal court judge Zainool Hosein.

Richards offered no explanation and even McFarlane was taken by surprise when he learned that he was to be the deputy. What was worse is that under the provisions of the Integrity in Public Life legislation McFarlane could not even be a commissioner because of his connections to various statutory boards.

The paper reported that Panday said Richards failed to explain the circumstances that led him to renege on a commitment to Hosein. “Either he promised him it or he didn’t, and why did he change his mind?” asked Panday.

He insisted that contrary to what Richards would like the public to believe Richards did not make his choices independently. “The facts reveal it was not of his choice but the influence of someone, and the fingers are pointing at the Prime Minister,” Panday said, adding that that is a beach of the Constitution.

The Couva North MP said Richards has lost the moral and constitutional authority to appoint a new commission. “How can the public have confidence in the new Commission when he flouted the Constitution in the appointments he just made?” Panday said.

“I have nothing personal against the President but he can’t function in that capacity anymore without giving rise to serious suspicions about whether he is independent.” And he dismissed the President’s defence that “to err is not to act disreputably”.

Read story and president's address

Panday said: “We cannot pretend it never happened. That’s the issue he’s failing to recognise.”

Source: Newsday
Read the Trinidad Express Editorial

Quitting is not an option: T&T President

T&T President George Maxwell Richards addressed the nation Friday and confirmed that he is not quitting over the Integrity Commission fiasco. He said what is more important is "the welfare the country.”

Calls for Richards to resign have come from politicians and independent citizens over the recent appointment of members of the Integrity Commission and the subsequent resignation of members of the commission within a week of taking office.

Related: Integrity commission ceases to exist
Related story: McFarlane resigns

He repeated an apology made two weeks ago, saying he is sorry "for an error of judgment".

Richards offered no further details on the controversial matter or what led to the resignations, insiting instead that all consultations on the matter were private.

"May I say that, as President, I will not put in the public domain the conversations, of a confidential nature, that I held with anyone concerning the invitations to serve. That, in my view, is unseemly and not befitting the Office," he told the nation.

He added that The Integrity in Public Life Act is clear that "the President appoints after consulting both the Prime Minister and the Leader of the Opposition. After consultation, the President may decide that his choices stand, or he may choose to take a different choice based on the consultation or for any other reason."

Richards said, "Confirming an invitation to serve does not mean that someone else was party to the confirmation or directed it," in an obvious refrence to allegations that he may have been guided in his choices by the prime minister.

The president said the matter has not brought the Office of President into disrepute and he dismissed calls for him to quit.

"Resignation from office holds no terror for me. The central consideration in any step that I take in this matter must be the welfare of the country. Resignation gives no guarantee of that, and I will not allow the situation to be so manipulated as to result in yielding to pressure fuelled by lack of deep consideration of all the issues pertinent to resignation," Richards said.

He said he hopes that the nation would move on, adding that the "matters surrounding the Integrity Commission" have shown that democracy was alive and should be cherished.

The full speech is printed below:

Fellow citizens,

It appears that the statement that I made on 15th May, 2009, has been misunderstood. Let me emphasise, therefore, that any lack of clarity was unintentional.

It is being said that I did not offer an apology to the nation. May I say that my expression of regret was intended to convey just that-an apology. I have noted that the word "regret" is "used in polite formulas to express apology or sadness", but if it would give comfort to those who have a different interpretation of the word, I say now that I apologise.

The reiteration, by me, of concerns as conveyed in questions, which did not originate with me but which were raised in the media, by the public, acknowledged the questions raised, but was not intended to absolve me from responsibility or to cast blame.

On the matter of confirmation of appointments, the Integrity in Public Life Act 2000 in Part II, Section 4 (4) is clear, that is to say, that the President appoints, after consulting both the Prime Minister and the Leader of the Opposition. After consultation, the President may decide that his choices stand or he may choose to take a different course, based on the consultation, or for any other reason. Confirming an invitation to serve does not mean that someone else was party to the confirmation or directed it.

I maintain that there never was and there is no constitutional crisis based on the vacancies on the Integrity Commission or because of my absence from Trinidad and Tobago. The absence from the country of the President does not in itself create a constitutional crisis, as provision is made, in Chapter 3, Section 27 (1) of the Constitution, for the duties of President to be carried out in his absence by the President of the Senate, as has happened in the past.

In the face of the resignation of Justice Hosein and subsequently those of Mr McFarlane and Fr Charles, there have been calls for me to explain what could have led to those resignations and therefore, to reveal what might or might not have been said between myself and those nominees, prior to their appointment.

By the demands being made for answers and explanations, I am being required, in effect, to enter into debate regarding statements made by persons who were invited to become members of the Integrity Commission, in order, perhaps, to establish, inter alia, the veracity of what has been said by them.

Put another way, I am being encouraged, by these demands, to put up a defence, which is the very interpretation of my statement that has provoked ire. May I say that, as President, I will not put in the public domain the conversations, of a confidential nature, that I held with anyone concerning the invitations to serve. That, in my view, is unseemly and not befitting the Office.

I wish to make it abundantly clear that resignation from office holds no terror for me. The central consideration in any step that I take in this matter must be the welfare of the country. Resignation gives no guarantee of that and I will not allow the situation to be so manipulated as to result in yielding to pressure fuelled by lack of deep consideration of all the issues pertinent to resignation.

I have already apologised for error of judgment. To err is not to act disreputably. I have noted and listened carefully to the comments expressed by members of the public and have given the matter due consideration. I do not share the opinion held by some that I have brought the office of President of the Republic of Trinidad and Tobago into disrepute and accordingly, see no reason to resign or to engage in further debate on the matter.

I wish to thank the many individuals who have written or spoken in measured support of me. It is my hope that we, as a nation, will move on. The matters surrounding the Integrity Commission, which have occasioned negative fallout, have given us the opportunity to see that democracy is alive in Trinidad and Tobago. This should give pause for serious thought and reinforce our determination to guard it and to improve on it.

Thank you, ladies and gentlemen. Good night and may God bless Trinidad and Tobago.

John Jeremie back as AG of T&T

John Jeremie is back in the Trinidad & Tobago cabinet as the new attorney general. He took the oath of office Friday, succeeding Bridgit Annisette-George who resigned earlier in the week.

Annisette-George's sudden departure from the post has raised serious questions. Prime Minister Patrick Manning has stated that it's because of a conflict of interest over the CL issue. But the opposition isn't buying that and has suggested that she was pushed out of office.

Related story: Manning confirms AG is quitting

Jeremie's return to office as the top legal adviser to the government is also controversial, especially because of his past performance as the attorney general who was in charge of the infamous chief justice affair.

Speaking with reporters Friday he brushed off criticism of his appointment saying he is not in the post to make friends and win a popularity contest. He made it clear that it's not easy to win friends when one's job is to fight corruption.

“One of the principal functions of the Attorney General is in relation to anti-corruption and the World Bank has identified corruption as one of the evils which has affected resource-rich economies such as ours,” he said.

“It is not a very popular part of the portfolio, it makes you no friends but it is going to be my lot to deal with anti-corruption matters as they arise...I know that there is quite a lot on my table, I know that the office of the Attorney General is not a popularity contest and the last time, it took a toll on me. But as I say, I am prepared to work,” he said.

Jeremie was Trinidad & Tobago's High Commissioner to London for 11 eleven months and had served as Attorney General from 2003 to 2007.

On the chief justice matter Jeremie said the Mustill Report found no evidence of wrongdoing on his part. “The Mustill Report has ...124 paragraphs or thereabouts and a conclusion and there are no condemnatory statements...about the office of the Attorney General. That is a fact of life,” he said.

Read the report and related stories

He insisted that he was just doing his job when he intervened in the Sharma matter, adding that he was dealing with allegations of judicial corruption, which he said is a part of the function of the Attorney General.

Jeremie said his priority is to look at the Government’s legislative agenda, including an amendment to the Integrity in Public Life Act which is currently before the Senate.

He admitted that he has not seen the legislation, "But I need to look at it to satisfy myself that the principles which underpin it are sound.” He said he would no hesitate to tell the government to withdraw it if he believes it is not in keeping with the principles of the original integrity legislation.

T&T President's message on Indian Arrival Day

"In the year 2009, countries all over the world find themselves affected, to a greater or lesser degree, by an economic downturn that has had tremendous negative effect on millions of people.

"The changes that have been brought about, as a result, have been largely traumatic and those who suffer the most are to be found at the lower end of the economic ladder.

"For large segments of the world’s population, there is nothing to celebrate and this is understandable. Yet, in the midst of it all, we, in Trinidad and Tobago, although not immune from the distress of loss, in many respects, can find occasion to lift our spirits.

"One such occasion is Indian Arrival Day, which we celebrate on 30th May, in recollection of our ancestors who came as indentured labourers and helped to build our country, in spite of the many challenges that they faced.

"Acknowledgment of what they achieved, notwithstanding the legion of obstacles, may serve us well as we grapple with present day difficulties. Recollection of what sustained the few hundred men and women who came in 1845 and those who followed, can guide us to an understanding that all of us, of whatever background, can turn around our situation, for the better.

"Strong faith and belief in their systems of social interaction kept hope alive and, with discipline and determination, they established themselves, over time, as a group that made a solid contribution to life in this country.

"This is true, not only of the labour that they gave, but also the culture which they brought and which they nurtured. There is no question but that the people of East Indian origin have, in many ways, made Trinidad and Tobago the unique country that it is.

"It is good that many customs have survived and, in this context, I think, for example, of family values that have helped to preserve that very critical unit in society – the family.

"I believe that the cohesiveness which, by and large, is still very evident in families is a good example to follow. We can speak of sacrifices that were made by forbears, in the interest of a better life for them, later on, but more so, for future generations.

"They inculcated lessons of industriousness that engendered self-reliance and entrepreneurship and which created a solid base for advancement. Above all, leadership of parents in the home, with roles defined and sustained, established order.

"Let us therefore, as a national community facing serious economic upheaval and inevitable adjustments, be mindful of how adverse situations were turned into opportunities by a migrant population who had no guarantees except a one way ticket back to their motherland.

"Let us, on Indian Arrival Day, 2009, celebrate their courage and commit to using such elements of the pattern that they left as a legacy, to secure our advancement into a better future.

"I wish you all a happy Indian Arrival Day, 2009 and may God bless our nation.

- George Maxwell Richards, President of Trinidad & Tobago

PM's Indian Arrival Day message

"It is now one hundred and sixty-four years since the arrival of the first East Indian indentured labourers to Trinidad and Tobago.

"This was the start of a process that transformed our country in a most positive and fundamental way. It marked the entry into the nation’s economic and social life of a people who now constitute a very significant percentage of the country’s population; and who have made a most enduring contribution to the stable and dynamic democracy that is Trinidad and Tobago today.

"The history of East Indian indentureship is filled with heroism. It is a story of ordinary men and women, and herein lies the extraordinariness of the experience. With little or nothing, these most humble and vulnerable people, under severest challenges, struggled with monumental courage to creatively shape their lives in a strange and oppressive environment.

"Amazingly, they succeeded, and their efforts have been a great boon to Trinidad and Tobago. They made a pivotal contribution to the foundations of our nation. Their descendants took up the baton of their ancestors and have been running the distance ever since.

"There can be no question about the continuing enrichment being made by citizens of East Indian origin to the strength of Trinidad and Tobago. They contribute enormously in all fields of national endeavour.

"We salute both ancestors and offspring on this historic occasion.

"This is a time when we draw inspiration from this heroic chapter of our nation’s history. I therefore wish to commend the example of our East Indian forbears to the youth of our nation.

"In this modern world of illusory quick fixes, our youth must be taught to develop the inner resilience that is necessary to overcome the challenges of life. The story of our East Indian forbears is a treasure trove of inspiration for present and future generations.

"I therefore thank those who, every year, continue to celebrate this essentially victorious aspect of our nation’s history.

"On this occasion we must also remember the arrival of all others who came from distant shores and who made equally pivotal and inspiring contributions to the development of the society.

"Our history is that of a common struggle of our people to find meaning and fulfilment; a struggle that culminated in triumph with the attainment of the Independence of Trinidad and Tobago. It is an achievement that must be held up to all generations.

"As we celebrate Arrival Day, let us give thanks for the entrenched harmony of our diverse society and the example of fraternity in the midst of variety that we undoubtedly set to the world.

"Our government is irrevocably committed to the policy of unity in diversity. Here there must always be an equal place for all. Therefore the celebration of Arrival Day is not only exemplary remembrance of that historic event one hundred and sixty four years ago, but also a profound tribute to Trinidad and Tobago itself and the enlightened civilisation that we are building in this country.

"On behalf of the Government, I extend greetings and best wishes to all on this most auspicious occasion."

- Patrick Manning, Prime Minister of Trinidad & Tobago

Opposition leader's Indian Arrival Day message

"Brothers and sisters, on the 164th Anniversary of the arrival of East Indian indentured labourers to the shores of Trinidad and Tobago, the nation as a whole must reflect on the contribution of this community to the development of this country.

"Two hundred and twenty-five men, women and children made the first voyage in 1845 and over 147,000 traveled the 14,000-mile trip across the Kala Pani huddled inside wooden ships for 103 days, over the 70-year span of the Indentureship system.

"They came fleeing poverty and the social injustice bred by the discriminatory caste system, and hoping to do more than just survive but to liberate and empower the generations to come. They expected a paradise and instead found a version of hell where they were exploited, abused and deprived of their freedom and dignity.

"The success story of every Indo-Trinidadian is filled with chapters of endurance, perseverance and sacrifice. Indeed, this nation and the region would not be what it is today without the contribution of our forefathers since they were brought to the West Indies to save the economic engine of the Commonwealth – the sugar plantations.

"Throughout the region and around the world, the Indian Diaspora continues to make its contribution – in commerce, law, medicine, politics, arts, technology and every other field.

"That is why it is an injustice to treat the children of the Indentured as bastards and second class citizens, and that is why discrimination and contempt in any form must be rejected and stamped out.

"Every creed and race must be allowed an equal place. Every citizen must be treated as First Class. There must be equal access and equitable distribution of the resources of the State. No one must be made to suffer indignity.

"Brothers and sisters, the legacy of our ancestors is betrayed every time an act of humiliation, disrespect or oppression is accepted, condoned or brushed aside. Their sacrifice and toil is sent down the drain.

"Did they endure all of that for us to lie down and let others force us out of that which is rightfully ours – our place in this land?

"My advice on this occasion is that every citizen must evaluate their place in this society, recognize that every citizen is a sibling and an equal owner and partner in ensuring that this country returns to being a place where all are happy, safe and prosperous, and take a stand to ensure that this happens."

Basdeo Panday, Leader of the Opposition

T&T opposition wants finance minister's resignation

Opposition leader Basdeo Panday on Thursday urged Finance Minister Karen Nunez-Tesheira to resign, reiterating the opposition's conflict of interest accusations against her in the CL Financial matter. The former Trinidad and Tobago Prim e Minister also wants the Nunez-Tesheira to resign her seat in the House of Representatives.

Panday was commenting on the resignation of the country's attorney general. So far Bridgid Annisette-George has not explained why she is leaving her job but her boss, Prime Minister Patrick Manning, told Parliament it's because of a conflict of interest.

In a formal statement, Manning said: "A few weeks ago, Attorney General Bridgid Annisette-George approached me, indicating that having regard to the way the investigations into Clico had been going, she anticipated that she could find herself in a conflict of interest situation.

"We agreed at the time to look at it and to discuss it in the future. Last week we had a chance to do so and she indicated that her worst fears were coming to pass and that the anticipated conflict of interest situation was imminent."

Manning made the statement just before a debate on a private motion calling for the removal of Nunez-Tesheira.

Annisette-George's husband, Newman George, is an engineer at Home Construction Ltd (a CL Financial subsidiary) but has never been a member of CL Financial's board. He doesn't own shares in any of the CL companies.

"In fact, I remained confident that she was able to put national interests above personal or any other interests. And in fact she so reassured me. But we both recognised that the situation had a tremendous potential for mischief, especially from those who were not sympathetic to the Government or who didn't wish the Government well, persons in respect of which there is no shortage in this country," Manning said.

"We thought that in those circumstances, a lot could be made out of a situation that was relatively simple, to the detriment of the individual herself, Senator Annisette-George and the Government of Trinidad and Tobago. In those circumstances, the Attorney General decided to do the honourable thing. Yesterday she submitted her resignation to the Prime Minister," he told the House.

In a news release Panday rejected Manning's explanation. He said, “The AG did not resign because she was directly involved in CL Financial...By contrast, The Finance Minister is directly related to CL as a shareholder enjoying benefits such as collecting dividends. Clearly, the Finance Minister’s interest and conflict is greater than the AG’s," he said.

He noted Manning's comment that the attorney general’s resignation was the ‘honourable’ thing for her to do and suggested that the prime minister should use the same standard with Nunez-Tesheira.

Panday noted that the minister is the subject of an investigation by the office of the director of public prosecution and said it is also not proper for her to remain on the job. "For a proper investigation to take place, the Minister needs to remove herself from the Ministry,” Panday said.

Praise and criticism for new T&T AG

There are conflicting views on the the cabinet change in Trinidad and Tobago that will see former Attorney General John Jeremie return to the post.

Former PNM cabinet minister and MP for Diego Martin West Dr Keith Rowley told local media Wednesday Manning's decision is an affront to the people of Trinidad and Tobago.

"It is a situation where the Prime Minister is taking the position that 'I don't care what you all think. Regardless of what you all may think, I will do as I please,'" Rowley told the Trinidad Express.

He referred to Jeremie refusal to appear before the Mustill Tribunal hearing the matter of the former Chief Justice Sat Sharma and said that alone is enough to disqualify Jeremie.

But criminal attorney Israel Khan has an opposing view. He praised Jeremie as one of the most courageous Attorneys General ever. "At this point in time of our history, we need an Attorney General like John Jeremie," Khan told the Express. He said Jeremie has never allowed party allegiance to get in the way of the performance of his duties.

Khan pointed out that the Mustill Report no wrongdoing on Jeremie's part.

Jeremie told the Express he is ready for the challenge. "It is a demanding job but it is a challenge which I feel rejuvenated enough to take on. There is a lot of work to do and I will not be distracted," he said.

Manning confirms that AG is quitting, Jeremie to replace her

Trinidad and Tobago's Prime Minister Patrick Manning has confirmed that his attorney general is quitting. A government statement says Bridgid Annisette-George may have a conflict of interest in the CLICO affair and asked to be relieved of the job.

Manning confirmed that former Attorney General John Jeremie will replace her.

In an immediate response opposition leader Basdeo Panday said he finds the the reasons given as being very unsatisfactory.

"If the AG had a conflict of interest in a single matter she could have easily recused herself from advising on that matter. She need not have resigned her entire portfolio," the former prime minister said in a news release.

Panday reiterated an earlier comment (see story below) in which he suggested that Manning is bringing back Jeremie because he has a better working relationship with his former attorney general and because Jeremie will carry out Manning's wishes.

The opposition has been clamouring for the removal of Finance Minister Karen Nunez-Teshiera over allegations of conflict of interest in the CLICO matter. Former Attorney General Kamla Persad-Bissessar has argued that Nunez-Teshiera was a million-dollar shareholder in the company while she was negotiating a government bailout package for CLICO.

The minister did not reveal her connections to the insurance company and the opposition claims that she did not declare her shareholding to the Integrity Commission as required by law.

Related: DPP to probe finance minister: Kamla

Manning has said he has full confidence in his finance minister.

T&T AG quits; Jermie returns to job: Report

Trinidad and Tobago's attorney general is quitting after 18 months on the job. And a report in the Trinidad Express quotes sources as saying former attorney general John Jeremie will succeed her.

News reports from Port of Spain say Bridgid Annisette-George is leaving cabinet for "personal reasons". She is expected to return to the family legal practice.

Jeremie has had a very close personal relationship with Prime Minister Patrick Manning, which has prompted questions about whether Manning is not forcing out Annisette-George in favour of someone with whom he is more comfortable.

In a news release Wednesday the leader of the United National Congress (UNC) Basdeo Panday asked whether Annisette-George is demitting office voluntarily or being forced out.

Panday said if media reports on the attorney general's departure are true then "one must wonder, why the sudden decision by the AG to quit the Cabinet and go back to private life. What happened?"

The opposition leader asked, "Is it that the AG was asked to do something and she has refused, so she is being moved out of the way to make room for someone who would be more complicit? Or has she done something to make her unpopular with the Prime Minister?”

Panday noted that with the Uff Inquiry nearing its end "there is public pressure for criminal proceedings to be initiated against top public officials and friends of the PNM." He suggested that the change is because the PNM has a history of ‘taking care of its own’ and it would not want these "massive scandals to be fully ventilated".

He said, "A dutiful and honest Attorney General would want to see these acts of corruption dealt with in the interest of the public and in the interest of justice.” Jeremie was a key player in the failed campaign to "persecute" former Chief Justice Sat Sharma and force him out of office in the run-up to the 2007 General Election.

Panday said Jeremie "has proven that he is prepared to go further than most people for the Prime Minister and the PNM.”

Front page reports on Uff enquiry in TT

From the Trinidad Express:

Former minister Dr Keith Rowley yesterday called on Prime Minister Patrick Manning to immediately cease and desist from giving personal support to Calder Hart and UDeCOTT and using the machinery and resources of the State to "defend, encourage and sustain" them. (full story)

Tabaquite MP Ramesh Lawrence Maharaj said yesterday he was amazed that the former Integrity Commission did not investigate his allegations made in the Parliament in May last year that the directors of CH Development were the brothers-in-law of UDeCOTT boss Calder Hart.(full story)

Acting President Danny Montano has expanded the terms of reference of the Commission of Enquiry into the construction sector to do a more comprehensive examination of the controversial Cleaver Heights Housing project which is now expected to cost $157 million even though it will have fewer housing units.(full story)

Also read: No UDECOTT conspiracy

Family connection unveiled at Uff enquiry

From the Trinidad Express:

Carl Khan, the mystery witness in the Commission of Enquiry into the Urban Development Corporation of Trinidad and Tobago (UDeCOTT) and the construction sector, has produced copies of a document that identifies Mg Chin Poh, the brother-in-law of UDeCOTT chairman Calder Hart, as a director of the company that was awarded a $368 million contract to construct the Ministry of Legal Affairs Tower. (full story)

Related: Khan says he was married to Hart's wife
Related: Hart's illness as a defence?

Taking a break in Nova Scotia

We're off to beautiful Nova Scotia for a few days, visiting our former home and some of our favourite places like Peggys Cove (above), a UNESCO Heritage site and perhaps one of the most photographed locations on the planet.

Central bank investigating CLICO; gov't wants Duprey out

The Central Bank of Trinidad & Tobago has hired retired Canadian forensic investigator Robert Lindquist to analyse the records of CLICO to determine whether the insurance company's financial troubles have been caused by bad judgment or corporate malfeasance.

The Trinidad Express reported Thursday that the Lindquist, who is already on the job, is not making any public declarations. "No disrespect to you but I am not talking to the press," the paper quoted him as saying.

In January the Government announced that it would step in to help the country's biggest insurance company, CLICO, and British American Insurance in return for equity interest in order to protect depositors and policy holders.

Related: Gov't gives bailouty to CL...

CLICO has more than 100,000 policy holders and provides group pension plan services for thousands of workers in the country and in the Caribbean. CIB was closed and the state took control of the operations of CLICO and appointed former Central Bank Governor Dr Euric Bob to head the financially strapped insurance company.

Lawrence Duprey, chairman of CL Financial, the CLICO parent company, admitted that he had underestimated the global and local financial troubles. He approached the Central Bank for help on January 13 seeking assistance.

The deal with the government involved the sale of some of CL Financial's lucrative assets in return for Government's cash and support. It included surrendering CL's 55 per cent stake in Republic Bank Ltd, the country largest commercial bank, and a change in the ownership structure for CL's media business, which includes the country's top private television station, TV6.

The CLICO chairman confirmed to the Express that a forensic accounting exercise is underway "to try to understand what went wrong" but he declined further comment.

The Express said the initial Lindquist investigation will be conducted within the context of the January 30 Memorandum of Understanding signed between Finance Minister Karen Nunez-Tesheira and Duprey.

It said the terms of reference could change to include the whole CL Financial group. The government has insisted that Duprey resign as chairman of the group's holding company, CL Financial.

Last week it handed Duprey with a list of demands for that would give the state management control of the privately-owned conglomerate.

Related: Money in CL subsidiaries safe

The CL bailout has become a political hot potato with accusations that Nunez-Teshiera breached conflict of interest rules by dealing with the issue when she was a major shareholder in the company. Her shares are valued at more than $11 million.

The opposition has also claimed that the minister did not declare her assets in CLICO to the Integrity Commission and could be charged with breach of the Integrity in Public Life Act. The minister has denied everything and had ignored calls from the opposition and civil society for her resignation.

Related story: More calls for for Nunez-Tesheira to resign

Related: Opposition says minister can't hide behind apology

Defence not ready, Bakr case postponed to May 27

The High court in Port of Spain was unable to proceed with the lawsuit against Jamaat al Muslimeen leader Yasin Abu Bakr Wednesday into the $32 million debt that he owes the State because an attorney for Bakr advised the court that the defence was not ready to proceed.

The matter has been postponed to May 27.

Attorney Wayne Sturge told Justice Rajendra Narine he needs more time to study the Privy Council's decision to strike out an affidavit in which Bakr claimed that he had a deal with Prime Minister Patrick Manning to forgive the debt.

Sturge explained that he also needs more time to evaluate the cost of properties to be sold.

The lawsuit filed by the state in 2006 identified 11 properties to be sold to satisfy part of the debt owed to the State for the destruction of Police Headquarters during the July 1990 attempted coup, which Bakr led.

Bakr's original debt of $15 million has grown to about $32 million.

Related: Kamla asks DPP to probe Manning...

Police, army use tear gas to break up Laventille protest

Opposition leader Basdeo Panday said Wednesday a violent confrontation in Laventille Tuesday is clear evidence that the $80 million paid to the Mastrofski consultancy team was wasted and that the incident exposes major weaknesses in the security services.

Picton Road, Laventille was the scene of the clash between residents of the crime-ridden community and members of the protective services as police used tear gas and fired in the air to break up an angry protest.

The Trinidad Express reported that people blame police. The paper said residents said three police officers picked up a teenager identified as Trevlyn Harry and took him to an area known as "Block Eight" in Laventille.

The paper said people told reporters that at that location a group of men beat up Harry while the police officers looked on. They said police told Harry he would be beaten more unless he took them to a gun stop. The 18-year-old, who was handcuffed, escaped while taking the police there.

The paper said when word spread about what happened people started gathering to protest. They burned tyres in the road and spilled garbage. It got worse after police arrived and tried to calm the protesters.

The paper said police fired in the air to disperse the crowd but when that didn't work they called in reinforcements to deal with the riot. That's when tear gas canisters were fired into the crowd

The protest ended by the evening. The Express quoted one angry young man as telling its reporters: "That eh the end...All yuh go have real work later."

In a news release the leader of the United National Congress (UNC) said what happened on Tuesday clearly identifies four main issues: “There is the question of the alleged police brutality, the proliferation of criminal gangs, the partnership between rogue policemen and the gangs, and the level of force used against the protesting residents.”

The former prime minister said he prefers to reserve comment on the alleged ‘police kidnap’ of Harry until an ongoing investigation into the claim is concluded.

However, he noted, “The PNM has spent over $21 billion on crime. The Mastrofski team was given $80 million to transform the police service. The government said crime would reduce but the reality is that the situation continues to get worse every day.

“It is a fact that there are some corrupt policemen who are in league with the criminals but nothing is happening to cleanse the service so that the honest, diligent ones can do their jobs.

“But the core problem is that criminal gangs are continuing to grow and the gang-culture is sucking in youths from an early age. People are fleeing entire communities to escape the slaughter. The gang territories are growing and the violence is claiming more victims every day. Why is the government taking so long to remedy this gang problem?”

Panday said he is very concerned about the tactics being used against protesting residents such as tear gassing.

Scap amemndment to Integrity bill: Deosaran

Independent Senator Prof Ramesh Deosaran told the Senate Tuesday it should scrap the bill to amend the Integrity in Public Life Act and overhaul the entire Integrity Act.

He said the Government's piecemeal approach to integrity legislation is a waste of Parliament’s time and it won’t prevent corruption.

One of the provisions of the amended bill will exclude judges from filing annual declarations to the Integrity Commission. Deosaran called that “an embarrassment to the Constitution...(and) an embarrassment to the judges." Judges and magistrates are currently obliged to file declarations but are not doing it.

He also attacked the provision that imposes hefty fines on anyone who makes false complaints, suggesting that such a change would discourage people from filing complaints. "It is my view that the medicine would kill the patient," he said.

He asked what is motivating Government to put such a "tight squeeze" on those who wish to make a complaint, especially if it is done in the public interest.

Deosaran called it a "bullying bill" that was hastily put together. He said the possibility that one or two false complaints may pass under existing legislation, it is a small price to pay for earning public confidence, which he said has been badly shaken.

But government minister Senator Mariano Browne disagreed. In supporting the proposed change he said it will prevent "maliciousness, mauvais langue and maccociousness.

The trade minister said, "Those complaints must be justified. Nobody is saying that you cannot make an error...but at the same token, there must be a reasonable basis for moving forward... Otherwise, we would enfranchise the maliciousness, the mauvais langue and the maccociousness.

"And we need to be able to deal with that. And that is the practical reality that this amendment seeks to address," he said.

Ministers face charges?

In his contribution to the debate Opposition Senator Wade Mark digressed from the amendments and told the Upper House two senior Cabinet ministers are soon to face criminal charges arising out of an investigation conducted by the Integrity Commission.

Mark spoke about a High Court affidavit in response to the allegations that the commission was taking too long to investigate a complaint submitted by the Sanatan Dharma Maha Sahba, regarding its application for a radio station licence.

Mark was blocked from naming names after Attorney General Bridgid Annisette-George and Government Senator Laurel Lazama objected to Mark's reference to senior members of the Cabinet.

"After protracted and labourious investigation as to whether the Code of Conduct under the Integrity in Public Life Act was violated by these, by both Mr X and Mr Y, when it awarded a radio licence to its financier and supporter, Louis Lee Sing's Citadel Ltd, and discriminated against the Maha Sabha, whose application was approved and waiting for five years," Mark said.

Mark claimed all that is required is for the Integrity Commission to refer the matter to the Acting Director of Public Prosecutions, Carla Brown-Antoine.

The charged that the government is bringing in a bill to amend the integrity legislation to stifle complaints to the Integrity Commission.

Manning says global economy at "turning point"

While many international financial experts are talking about a worsening global economic crisis Trinidad and Tobago's prime minister is more optimistic. Patrick Manning said Tuesday the country is embarking on a new economic boom and that the global economy has reached “a turning point.”

And he said Trinidad and Tobago needs “more and stronger financial institutions” as it prepares for the new economic reality.

Manning was speaking at a ceremony to open the Royal Bank of Canada Financial Group’s (RBC) new Caribbean head office in Port of Spain. He said RBC’s decision to establish its regional headquarters in Port-of-Spain is a sign of its confidence in the country's economy.

“I am sure we will be able to attract the return of much of the financial expertise which has migrated to other capitals of the world where the industry appeared more dynamic and rewarding,” he said.

He said the country now has an opportunity to consolidate its position as the financial capital of the Caribbean because it can "learn from the excesses of those who stretched creativity to the point of recklessness.”

Uff probe on hold pending court ruling on privilege

A high court judge on Monday temporarily halted the Uff Inquiry into the construction sector and UDeCOTT to hear arguments from lawyers about whether information about the controversial Cleaver Heights housing project is protected by privilege.

Prime Minister Patrick Manning suggested in the Parliament last year that former housing minister Dr Keith Rowley should account for missing millions although the housing ministry provided detailed evidence to show there was no missing money.

Rowley and the contractor also presented evidence to show a clerical error caused the confusion, a fact corroborated by the Housing Development Corporation. An investigator with the commission also cleared Rowley of any wrongdoing.

The government has disagreed with the findings and has hired a retired Canadian forensic expert to probe the Cleaver heights project.

Justice Humphrey Stollmeyer will hear submissions Tuesday from attorneys representing UDeCOTT, its chairman Calder Hart, the Attorney General, and the Uff commissioners. Udecott and Hart are seeking a declaration that any attorney making submissions to the commission of inquiry, whether written or oral, is protected by absolute privilege in respect of the content of those submissions.

They are also asking the court to make a declaration that any attorney making submissions is protected by qualified privilege in respect of those submissions.

At a hearing last month the commission ruled submissions were not protected by privilege.

The inquiry will remain on hold until the judge gives a verdict on the matter.

Kamla asks DPP to investigate PM Manning on Bakr affidavit

Opposition MP Kamla Persad-Bissessar sent a letter Monday to the acting Director of Public Prosecutions asking Carla Browne-Antoine to investigate Prime Minister Patrick Manning to determine whether he breached the prevention of corruption act and is therefore subject to criminal prosecution.

The former Attorney General's letter is in respect to a judgment delivered by the Privy Council last week clearing the way for the state to sell properties owned by Jamaat al Muslimeen leader Imam Yaseen Abu Bakr to recover millions of dollars owing to the state for destruction of public property during the July 1990 coup led by Bakr.

Read the story: Privy Council rules against T&T's Muslimeen...

Persad-Bissessar is asking the DPP to determine if Manning's conduct "violates the provisions of the Prevention of Corruption Act, Chap. 11.11, and/or the common law with respect to misconduct and/or misfeasance in public office and, is therefore subject to criminal prosecution."

Her letter deals with an affidavit filed by Bakr in which the Muslimeen leader claimed that he had an agreement with Manning to help Manning and the People's National Movement (PNM) win the 2002 general election in return for the forgiving of the debt owed to the state.

Bakr's affidavit claimed that he presented Manning with a list of what the Jamaat wanted in exchange for assisting the governing party and the government. The demands included assurances that there would be no attempt to enforce payment of the judgment debt.

The Imam claimed that Manning called the judgment a “paper judgment” which would never be enforced.

The Privy Council ruled that the affidavit was irrelevant to the matter of the sale of the Muslimeen properties but had some strong comments on the affidavit detailing the alleged deal.

"In the opinion of the Board this was corrupt within the meaning and intendment of section 3 [of the Prevention of Corruption Act] 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."

Persad-Bissessar's letter said it is a matter of public record that the UNC complained about the role of the Jamaat in the general elections.

"Many of our supporters claimed they were intimidated, harassed and threatened by persons associated with the Jamaat. It is equally a matter of public record that Mr. Bakr shared a close relationship with Mr. Manning at the material time as evidenced by his frequent visits to Baliser House and his conspicuous presence there on election night," she said.

"Should Mr. Bakr's allegations be true, a most serious offence would have been committed by the Honourable Prime Minister who allegedly conspired with the Jamaat to corrupt and distort the electoral and democratic process," she wrote in the letter adding that "In the circumstances, I ask that this matter be thoroughly investigated as a matter of urgency with a view to criminal prosecution against the wrongdoers."

Panday: Crime caused by gov’t bad spending

The Member of Parliament for Couva a North is seeking an explanation from Minister of National Security Martin Joseph and Acting Police Commissioner James Philbert for the increase in criminal activity in his constituency.

In a news release, Basdeo Panday said gangs are terrorizing Couva residents while the authorities are boasting that they do not have a problem with resources.

The opposition leader said the problem is very serious at Roystonia and the Couva North Phase 2 development where people are under increased attacks from armed criminals. He said business owners say the Couva Police Station is under-resourced, requiring three times the current manpower of 33 officers, and at least 10 vehicles.

Media reports Monday quoted Acting Commissioner Philbert as saying the police service is not short on vehicles. But Panday said while the police chief is saying this officers at almost every police station across the country complain that they do not have vehicles to respond to crimes.

“How is it that every time a person calls a police station the station does not have enough police officers and they do not have vehicles available to respond to a crime scene? Is the commissioner telling the truth when he says the police do not have a resource problem? Or is it that he is not properly managing the resources that he has?” Panday asked.

“It is clear that the billions of dollars allocated to improving public safety are being spent in the wrong places. The Minister is pumping the money behind expensive foreign consultants instead of using it to address such elementary deficiencies as building police stations, increasing the manpower of the service and giving police officers cars and equipment to work with. That is why the crime rate is out of control,” the former prime minister added.

“What is disappointing is that the acting commissioner knows that the police service is not properly resourced and instead of lobbying for these resources he appears to be either in denial or afraid to put pressure on the government for the police to get the tools needed in order to protect citizen from criminals.”

On Friday, Panday told the media a lack of police patrols is linked to crime and the carnage on the nation’s roads.

Panday tells parents don't pay power bills for schools

A controversy is building in Trinidad and Tobago over the payment of utility charges at denominational schools.

Last week opposition Senator M.F. Rahman told Parliament that schools are asking parents to help raise funds to pay power bills. And the principal of the Mohess Road Hindu School has confirmed that parents have offered to contribute $20 a month to help pay the power bill, which has climbed from $900 a month to $3,000 a month.

In a news release Monday opposition leader Basdeo Panday advised parents to do no such thing.

“It is unfair for the government to fritter away public funds behind obscene excesses such as summits and luxury cars, and in corruption riddled contracts for their friends and families, while children must sell cakes and wash cars to prevent electricity and water from being cut at schools,” Panday said.

“Nothing is wrong with putting a hand towards the upkeep of schools, but the government must not be allowed to evade its responsibilities especially when ministers are telling the population that there is no economic crisis and then spending tax payers’ money like there is no tomorrow", the former prime minister added.

He urged parents across the country to stand firm and demand that government hold its end of the social contract. "People must understand that when the government collects taxes its first responsibility is to use that money to provide the services needed by citizens", he said.

Panday said, “If citizens have to pay separately for healthcare, education, road repair, drinking water and private security patrols in their villages, then they should stop paying taxes and use that money to pay for those services.”

He said denominational school boards have been lobbying for an increase in funding from the government to cover increased maintenance costs and so far the government has refused to put provide additional funds. He said schools are unable to pay for utilities such as electricity and some "are even rationing chalk".

Panday noted that while government has allocated funding for education, schools are complaining that these funds are not being disbursed.

The Association of Denominational School Boards says the education Ministry has not told the boards to pay electricity bill for their schools. But spokesman Satnarine Maharaj, who is also the head of the Sanatan Dharma Maha Sabha (SDMS), said the ministry is yet to respond to pleas for an increase in grants.

He noted that the government pays the bills for secondary schools and wondered why it won't do the same for the primary schools.

Martin Daly calls on T&T President to resign

Martin Daly has joined the chorus calling on President George Maxwell Richards to resign over the Integrity Commission fiasco. However, the President of the Law Association said he was speaking in his private capacity as a citizen.

Opposition leader Basdeo Panday and the chair of the women's arm of the United National Congress (UNC) Dr Jennifer Jones Kernahan have also called on Richards to resign. Panday said on Saturday, "The President has no alternative but to resign...He has found himself in an untenable position."

Daly told the Trinidad Express, "Like many of my fellow citizens, I have waited patiently for President Richards to break his silence and to communicate with the country on his responsibility for the Integrity Commission fiasco."

He suggested that the president's actions are unacceptable.

"President Richards has ignored us and the country cannot be reasonably expected to wait another two weeks while he continues on vacation. In the circumstances, I am now satisfied that he should resign his office for the following reasons:

1. Incompetence in appointing Mr Jeffrey McFarlane when he was manifestly not eligible for appointment to the Integrity Commission.

2. Unreliability, evidenced by his unexplained withdrawal of the offer of the vice chairmanship of the Commission to retired Justice Zainool Hosein and the arbitrary transfer of it to the ineligible Mr Mc- Farlane.

3. Poor judgment evidenced by his dismissal of plagiarism as a mere mistake, especially in the light of the President's past career as principal of a university.

4. Contempt for the people of Trinidad and Tobago by an apparent preference for personal pleasure over performance of duty in remaining abroad, indifference to the crisis of public confidence created by his mis-steps."

Richards is on vacation in Austria and Germany and is expected to return to Trinidad before the end of the month.

Related: Integrity commission ceases to exist

Integrity is an endangered virtue: Rev Teelucksingh

Former Independent Senator Rev Daniel Teelucksingh told a Mother's Day congregation integrity is an endangered virtue in Trinidad and Tobago and urged members of the flock at Susamachar Presbyterian Church in San Fernando to nurture integrity from the home.

He was commenting on the controversies that have led to the resignations of four members of the Integrity Commission. The fifth commissioner, Gladys Gafoor, is expected to quit Monday.

Teelucksingh said the country's Integrity in Public Life Act of 2000 is meant to enforce integrity among those who held high office. But he said integrity is a quality that everyone must have, not only those holding public office.

“How can integrity, wholeness in character, sincerity in relationships, truthfulness be the concern of all of us in every level of the social order?

“We must have integrity in the church, in the orchestra, in our youth groups, in our families and communities. We must accelerate the drive for integrity of all citizens in every class,” he said.

The Presbyterian minister said it is appropriate to question the integrity of the country's leaders and those appointed as integrity commissioners.

“We are still looking for integrity in answers that we are getting into why the commission has evaporated. I believe that something mysterious must have been at work last week."

Gafoor collected cheques in dead chauffeur's name: report

A report in the Trinidad Express says former Vice President of the Industrial Court, Gladys Gafoor, continued to receive cheques in her dead husband's name six years after he died.

According to the paper, Gafoor listed Anthony Gafoor as her chauffeur and collected cheques issued in his name from October 1995 to October 2001. Anthony Gafoor died on September 13, 1995.

The paper said this information is contained in an affidavit filed by former Registrar of the Industrial Court, Marilin Sammy Wallace.

It said: "In the matter of Sammy Wallace versus the Attorney General HCA S623 of 2003), Wallace alleged that: "On July 2, 2002, the Acting Auditing Assistant of the Court, Mrs Indira Frank wrote to me (Wallace) a memorandum informing me of her observation that Mr Anthony Gafoor was paid as a chauffeur to Mrs Gladys Gafoor during the period June 1, 1994 to October 31, 2001. However, Mr Gafoor departed this life on September 12, 1995."

The report stated further: "Wallace's affidavit stated that on July 2, 2002, she wrote the then vice-president (Gafoor) informing her of the query and enquired how she intended to repay the State the monies paid in respect of the chauffeur allowance for the period September 13, 1995 to October 31, 2001.

The paper said according to the affidavit Wallace said she wrote Gafoor requesting information about her present chauffeur and on July 2, 2002, Anthony Ramjohn informed her in writing that he had assumed duty as the chauffeur of Gafoor since May 13, 2002.

The Express reported further that on July 5, 2002, Gafoor threatened legal action in correspondence copied to the President. "Wallace said the President wrote to her (Wallace) asking that she produce the evidence that the Vice-President had no chauffeur", the paper said.

In said Wallace did not respond to the President's letter, "Because of the tenuous nature and the way this matter was progressing, I had earlier written the Commissioner of Police on June 27, 2003."

The Express said, "In fact, Wallace wrote to a number of persons, including the President, ANR Robinson; Prime Minister Patrick Manning, with whom she had a meeting at his office; the then Attorney General, Glenda Morean, and the then CoP Hilton Guy."

The paper noted that Wallace's letter to Guy stated: "The Vice President of the Court claimed her husband was her chauffeur and as a consequence was paid a chauffeur allowance up to the end of 2001, although her husband died since 1995."

The Express said it has a copy of an Industrial Court pay record card for the period January to November, 2001, in which Anthony Gafoor is named as a chauffeur, in the Salary Scale of Range 17, with the remarks: "Mr Anthony Gafoor is the chauffeur of Mrs Gladys Gafoor."

The paper said when Wallace stopped payment of the $2,500 monthly chauffeur's allowance in October 2002 Gafoor took the matter to court and won.

Justice Mira Dean-Armorer ruled that the issue before the court was whether Gafoor was entitled to have the chauffeur allowance paid to her, or whether it was payable to the chauffeur.

In that context the judge ruled that it was illegal for the Registrar to withhold direct payment of the chauffeur allowance to Gafoor, stating: "The allowance is a perquisite of the office holder and in my view, she is entitled to have it paid to her directly if she so wishes."

She said stopping the payment to Gafoor "would be altering the terms and conditions" of the Vice President and was contrary to Section 5 (3) of the Industrial Relations Act, which prohibits any alteration to the detriment of the terms and conditions of any member and Vice President of the Industrial Court.

The judge ordered the Registrar to compensate Gafoor for the months that she was deprived of the allowance. The judge said the driver was essentially Gafoor's employee and she was entitled to pay him directly.

The Express noted that when Gafoor served as Acting Solicitor General, she gave advice to the then Registrar of the Industrial Court, who sought an opinion on the issue of the chauffeur allowance.

It pointed to a circular dated May 26, 1986, in which Gafoor pointed to the Ministry of Finance Circular No 2 1981, in which it was agreed that "a chauffeur allowance be paid to holders of offices under the purview of the Salaries Review Commission for which a chauffeur allowance is payable, only if the holder of the particular office actually employs a chauffeur".

Gafoor concluded that, "In view of the foregoing, I am of the opinion that such allowance should therefore be paid to members of the court only when a chauffeur is actually employed. And I so advise," the Express said.

Source: www.trinidadexpress.com

Editor's note:

There are a number of unanswered questions about this matter.

While the court ruled that Gafoor was entitled to have the chauffeur's salary paid the obvious question is whether it is legal for anyone to cash a cheque issued to a dead person. Even it at death an account existed for the person, or the person had a joint account, is it legal to deposit funds on behalf of the deceased person?

The other question that arises is whether there was complicity by a bank to what appears to be fraudulent transactions on behalf of a dead person.

Integrity commission ceases to exists; fifth commissioner to quit: Report

The Integrity Commission that President Max Richards appointed on May 1 before taking off on vacation no longer exists. The fourth commissioner quit Friday, exactly one week after Richards administered the oaths of office.

Chartered accountant Lylla Bada, 66, handed in letters of resignation to the commission and to the Office of the President and told the Newsday newspaper that she was quitting "for personal reasons" without elaborating on the specifics.

The paper said she didn't wish to comment further or say whether the controversy that has surrounded the commission from its inception prompted her resignation, saying that she is "a private person".

And Newsday is reporting that the last commissioner - former Industrial Court vice-president Gladys Gafoor - will hand in her resignation Monday, making the commission non-existent.

Newsday said in its Sunday edition that Gafoor had previously said she was not going to resign although Fr Henry Charles' departure as chairman left the commission without a quorum.

The five-member commission was barely a day old when it was hit by controversy. Shortly after the sweariong in on May 1, retired appeal court justice Zainool Hosein resigned in disgust over the president's abrupt decision to renege on a commitment and appoint Jeffrey McFarlane as deputy chairman.

Hosein said up to the day before the president had told him that he, Hosein, would be deputy chairman. McFarlane himself admitted that he didn't know about the change until moments before he took the oath.

Then McFarlane came under fire as being unqualified for the post because under the rules governing the Intergrity in Public Life Act he could not sit on the commission due to his roles as the Executive Director of the National Insurance Board (NIB) and a member of other statutory boards. He eventually quit on Wednesday.

Read the story: McFarlane quits...
Related: Integrity Commission chairman quits

It got worse on Thursday when the chairman also resigned. Fr Henry Charles explained that he reconsidered his position and decided to quit because the Roman Catholic Church law forbids him from serving on a civil authority.

That was an issue raised with the Archbishop of Port of Spain on Tuesday by Chaguanas West MP Jack Warner who wanted to know whether Henry's appointment was a breach of Canon law.

This is the second time this year that the country is without an Integrity Commission. The other members of the commission resigned en masse on February 5 after a High Court judge ruled that the commission acted in bad faith in its handling of an investigation into the affairs of former cabinet minister Dr Keith Rowley.

Read the story: T&T Integrity Commission quits

Immediately after mass resignations in February opposition leader Basdeo Panday called for a review of all previous decisions of the commission over the past eight years to see if other decisions were also tainted.

"Several matters questioning the conduct and activities of government official, including five ministers, were referred to the Integrity Commission over the past few years. In many instances the Commission has quickly and almost effortlessly cleared these persons or the complaints have slipped into some black hole," Panday said.

Read the story: Panday challenges Integrity Commission

Leave it to Max; Acting president won't appoint new Integrity Commission

Acting President of Trinidad & Tobago Danny Montano has said he won't appoint a new Intergity COmmission, saying he would leave that for President Max Richards.

Attorney General Bridgid Annisette-George said last week Montano has all the powers of the president and is legally empowered to make the appointments.

But the senate president prefers to leave it to Richards, although he is willing to begin the process of finding people to serve.

He told reporters, "I will move the process forward on behalf of the president. I will try to find suitable candidates who are willing to serve and submit the names for the ultimate selection of the president. They will be his appointments."

And he dismissed as "nonsense" suggestions that he should not make the appointments because he is a political appointee who is closely connected to the governing party and could be summarily fired from his senate post by the prime minister.

Commenting on Friday's resignation of commissioner Llyda Baba, opposition leader Basdeo Panday said he feels that the whole process had become tainted. He again called for the resignation of the head of state.

"...the president is the one who got us there in the first place to have him be the one to start the new process. The president has no alternative but to resign. I mean no disrespect or ill-will against him. None, whatsoever. It is just that he has found himself in an untenable position."

Economic downturn to hit T&T hard; but opposition disarray will keep PNM in charge

A prestigious international report on the state of Trinidad & Tobago presents an unflattering picture of the country in the near future and suggests things are going to get worse.

The London-based Economist Intelligence Unit (EIU), a branch of the Economist Group, makes the assessment in its latest country report. The unit covers more than 190 countries and its analysis and assessment is based on detailed research that includes interviews with economists, journalists and leaders of each country as well as critical analysis of available government data.

In a summary of its 2009-10 report on Trinidad and Tobago the EIU states:

• The already low popularity of the prime minister, Patrick Manning, will be eroded further by the economic downturn and the worsening violent crime situation.
• Policymaking will become more challenging in 2009-10, as the deterioration of the fiscal and current-account balances leaves Trinidad and Tobago exposed to global financial and economic woes.
• After slowing in 2008 to 3.5%, GDP growth will weaken further in 2009, to 0.9%, as the global recession bites. A mild global economic recovery will help to lift GDP growth to 1.9% in 2010.

The report anticipates that with lower global energy prices and falling demand in the U.S., the government "will be forced to scale back its ambitious public-investment 2020 development programme."

The EIU warns that the Government's insistence on continuing its large-scale infrastructural works and development plans in the energy sector will not be sustainable in the long term based on the global economic outlook.

And it suggests that the measures that the Manning administration has taken to date to reduce expenditure are not enough because of a lack of global liquidity and the real prospect that foreign direct investment in Trinidad and Tobago won't materialize.

"Although the Government revised its budget projections for a second time in January, we believe that its energy price assumptions are still too high; as a result, its planned spending reductions will be insufficient to balance the budget, " the report states.

The EIU also warns that the Central Bank will have difficulty in managing the fiscal downturn.

"The Central Bank may need to turn its attention to deteriorating credit portfolios in the domestic banking system. After posting relatively large surpluses over the past six years, the fiscal accounts will move into deficit in the outlook period as energy revenue is hit by lower global, energy prices, which will be only partly compensated for by recently-announced cuts to budgeted spending plans", the report notes.

The report predicts a deficit of 1.6 per cent of GDP in 2008/09 but adds that the Stabilisation Fund will keep the country insulated against a prolonged downturn in energy prices.

It notes that the low support for the Manning administration will grow worse in the months ahead as the country struggles under the weight of the global financial and economic problems.

It's because people are disenchanted with the PNM administration and have a perception of the current administration as one that has squandered the country's resources. The report says that despite the energy boom people have not seen any significant improvement in their living standards and they have serious concerns about corruption.

Perhaps the worse news for Trinidad and Tobago is the pessimism about the political landscape. The EIU's assessment in that the fragmented opposition is not perceived as an alternative to the current administration and that has left people entirely frustrated about the future.