Today's quote: "I was there observing..." Jack Warner

Jack Warner with folded arms at the Debe site on Wednesday

"I was there observing; I did not say a word to anyone; I folded my arms...This is Trinidad and Tobago; everyone in this country wants to sponsor lawlessness. They believe lawlessness is something they must give some kind of fame to; I don't believe that...If people believe that the way to get by is to support and sponsor and promote lawlessness, I and my Government don't."
-Jack Warner, quoted in the Trinidad Express, commenting on the demolition of the Highway Re-route camp and accusations that he breached the law by directing police.

Warner tells police cut crime, bring T&T back from fear

Jack Warner in POS Friday (Guardian photo)

National Security Minister Jack Warner sent a signal to Police Commissioner Dwayne Gibbs and members of the police service Friday - keep crime down and we can be friends.

Speaking at the launch of a Police Caravan at Brian Lara Promenade in Port of spain, the minister said murders have become so frequent that there is cause for serious concern about the performance of the police.

He had a message for Gibbs: “With me, you and your men would have quite a friend," he said. He added, "Anything you can do to reduce crime in this country, Commissioner, I shall be your friend. But I tell you openly that if the crime in this country does not go down, I shall be every policeman’s enemy.”

Warner said police must change the way they operate. "I expect the policemen to drive not in their air-conditioned vehicle, but with their glass down, and to ask the neighbours, ‘How are you, my friend? How are the children?’ 

“Leave your vehicles, men, walk the street sometimes and shake people’s hand. That must not be the exception, my friends in the Police Service, that must be the norm.”

He also stated that every officer must work to serve the community. “Once you have on the police uniform, whether SRP (Special Reserve Police) or regular, you are community police,” Warner said. “All police officers must behave in a way where they can regain the public’s trust once more," he added. "They must help to bring back the country from fear.”

Warner set some goals for the police. “We must have a murder-free week, a murder-free fortnight, a murder-free month and then a murder-free year," he said, adding that "nothing less" is acceptable. 

He spoke about his childhood and his desire at age 10 to be a police officer, inspired by the visit of the police band came to his rural community of Rio Claro to play for villagers. 

“And today I ask myself, where have we gone wrong? Where have the police gone? Here now I am the National Security Minister and my role is to develop the Police Service to what it was in the old days.” He noted that in the “old days,” crime was at an all-time low because there was peace, love and trust.

“Whatever was good in the past and worked well we must take that and make it work now,” the minister stated. While much of his comments were directed at the police, Warner also addressed citizens and advised the community and stakeholders to strengthen ties with the Police Service.

Gibbs says Warner didn't breach rules

File: CoP Dwayne Gibbs

Police Commissioner Dwayne Gibbs told reporters Friday National Security Minister Jack Warner did not breach the Police Standing Orders on Wednesday when he contacted Assistant Commissioner of Police (ACP) South Fitzroy Frederick to ask for a police presence in Debe during the demolition of the Highway Re-Route Movement's camp.

Gibbs said while the command structure flows out of the Commissioner's office ACPs in divisions have the authority to do the policing in those areas.

"We do have an Assistant Commissioner of Police who runs that division and is the point person for anything that goes on in the southern division, certainly, he responded to the request provided to him," Gibbs said.

Gibbs did not wish to comment beyond what his office stated in a media release earlier in the week. That communication said: "At no time was the Commissioner of Police apprised or consulted that there would be the removal of the Highway Protest camp." Warner confirmed that and said he spoke directly to the police in south Trinidad.

Gibbs said he would be working with the new minister to tackle crime, adding that he agrees with Warner on the need for police to be more sociable with those they serve and engage in the community. Gibbs said, "the purpose, of course, is to provide not only professional policing but also to ensure what we are doing is to provide the best service for the citizens of Trinidad and Tobago."

Gibbs said although the minister isn opposed to the 21st Century Policing Initiative he wants toi keep some of its components. "We will be moving forward especially to ensure that the citizens of Trinidad and Tobago receive the best policing that they can get from the officers that we have. We have had many good results from that 21t Century Policing Initiative," he said.

Warner acted within the law: Former Judge

Members of the Highway Re-Route Movement, led by Dr Wayne Kublalsingh

A former judge of the High Court said Friday Jack Warner acted within the law with respect the demolition of the Highway Re-Route camp in Debe last Wednesday.

Larry Lalla said "a dispassionate examination of the facts would lead one to the conclusion that Mr Warner’s effort, though perhaps misdirected and mishandled as his first official act, is legal and unobjectionable.”

Several lawyers, including Dana Seetahal and former Attorney General Ramseh L. Maharaj, have said Warner was out of line.

However Lalla said the Land Acquisition Act allows the State very wide powers of compulsory acquisition of private lands for development.

“It is virtually unarguable that use of the lands of the objecting residents of the re-route movement will be in the public’s interest," Lalla said.

“Road access to the rural parts of our country is necessary for the effective use of our lands and the mobility of our resources. The planned highway will bring new life and vibrancy to the southern parts of the country as the Government seeks to diversify the economy and make former inaccessible lands attractive to industrial planners.”

Lalla said the only issue to be decided by the State is not “should residents be relocated?” but “how much should they be paid?” 

He added, “As harsh as it may sound, the law makes no allowance for objecting residents. Any attempt to prevent the law from taking its course and to prevent the State from performing its functions is illegal.

“This point is driven home by the fact that the re-route movement has so far failed and refused to take any steps to enforce their perceived rights," Lalla added.

Anil unhappy with COP, considering quitting party

Anil Roberts is unhappy with how his party is operating and he said Friday he is considering whether to remain in the Congress of the People (COP) or quit. 

The Sports Minister was speaking after the launch of the Police Caravan on the Brian Lara Promenade in Port-of-Spain. He condemned COP member Nalini Dial for her attacks on National Security Minister.

Dial joined supporters of the Hihway Re-Route Movement who have been highly critical of Warner for the move on Wednesday to demolish their illegal camop in Debe. She called Warner "insensitive and heartless". He wondered why COP Leader Prakash Ramadhar is silent on these issues.

“I am yet to hear from my leader, Prakash Ramadhar, but I am hearing from all sorts of people who can only be described as eccentric,” Roberts told reporters. “I am hearing from Robert Mayers. Where did he come from? The same grave that Ramesh Maharaj came from?”

Roberts suggested that COP's behaviour is short of insanity. "I would love to know if my party’s headquarters is moving from Charlieville and Flagship House to the St Ann’s hospital," he said. “If this is the new COP, I may have to consider where I belong, because I don’t think I belong in St Ann’s.”

Photo story: Jack visits businessman who shot and killed bandit

Jack Warner paid a visit Friday to Ayoub Kabli, the businessman who shot and killed a man who tried to rob him near his businessplace in Port of spain on Thursday. 

Kabli tod reporters, “I did what I was trained to do and that is, to use my firearm to protect my life." He said he would do it again if faced with the same threats.
Kabli thanked Warner for the visit and told him police were both professional and courteous in dealing with him following the shooting. 

“Thank you so much. I appreciate your presence and I’m very honoured as well. The police were very, very good...I have confidence in you, that you will do a good job as Minister of National Security,” Kabli told Warner.

Warner plans to meet with members of the Downtown Owners and Merchants Association (DOMA), to develop a crime-fighting plan specific to Port of Spain. he gave the assurance that business people have nothing to fear. he promised greater security and a higher police presence.

Photo story: San Fernando gets a new mayor

Local Government Minister Dr Surujrattan Rambachan shakes hands with San Fernando's new mayor Navi Muradali who is the successor to Marlene Coudray. Muradali is a member of the Congress of the People (COP) - Guardian photo

Getting some help with the mayoral chain

Today's quote: AG Ramlogan

"The reality is that the people have no right to be there in the first place....These are people who decide to pitch a tent and as I said, from boiling a pot of broth, it went to a pot of curry duck and from a pot of curry duck, it gone to three square meals a day and people start moving in bed, pillow case, bed sheet and blanket and after, the next thing you know, they going to put up a three storey tent.

"It cannot be that people can just gather around, decide to pitch a tent on State lands, call two Baba, put up three jhandhis and then say the land is consecrated you can't touch me. And then put on that song in the back: Can't touch this."

-AG Anand Ramlogan on the issue of whether the Highway Re-Route group had right to the land they occupied

Commentary: Progress means some inconvenience

The demolished Highway Re-Route camp in Debe

The overwhelming response to what happened Wednesday at the Highway Re-Route Movement camp in Debe has been negative. Long before anybody knew the facts Jack Warner had become the demon, attacking "poor innocent folks".

I'm always bothered by such knee-jerk reaction. And having read reports from both sides of the story and knowing some of the background from writing about it, I think people are shutting their eyes to reality.

Jack claims that Wayne Kublalsingh slapped a law enforcement officer; Kublalsingh says that's not true. However, Kublalsingh has corrobrated Jack's story that he was there to try to prevent the soldiers and police from demolishing the camp.

Kublalsingh has also suggested that what happened Wednesday would solidify a political movement against the government. That has not got a lot of airplay.

Kublalsingh is getting support from known political players, especially the Movement for Social Justice (MSJ) and its most vocal member, the Oilfield Workers' Trade Union (OWTU). It is common knowledge that the OWTU has vowed to do all it can to bring down the government and Kublalsingh has boasted that the support of the union would strengthen his political muscle.

Political partners determined to bring down the government - Wayne Kublalsingh and Ancel Roget. "This new political formation will defeat the political elite": Kublalsingh

These facts are mostly absent from most of the media reports and the online condemnation of the minister and the State.

If you pause and reflect on this movement and scratch the surface you will find beneath a political movement that is determined to do whatever it can to cause the fall of the People's Partnership government. And it is using people as pawns in its game, many of whom sincerely believe the whole issue is about them.

Sure there are some people who would prefer not to move. After all they have lived in that stretch of land for generations and have built their lives around it. But there are others who are ready to move. And Kublalsingh and company are preventing them from doing so, in effect violating their rights. 

Ramesh Lawrence Maharaj, who has now joined this protest political group, is the one person who should remember that sometimes you have to get out of the way for progress.

He and Hulsie Bhaggan fought in much the same manner to block the Guaymare section of the Uriah Butler Highway more than two decades ago, burning the constitution and holding protests over an extended period of time. In the end the state won and after years of unnecessary delay, the government built the highway, which everyone has welcomed.

When Jack was the Works Minister he suspended work on the disputed Mon Desir/Debe section of the highway to Point Fortin to allow technocracts to have another look to see if the route can be changed. He agreed to temporarily stop work entirely in that section.

That was more than a reasonable compromise. But what did Kublalsingh and his supporters do? They insisted that they would set up camp and try to bully the state into letting them have their way. That is not how you conduct a negotiation. Still the authorities didn't bother them. Then they pulled the Indian Arrival Day stunt in Debe, trying to embarrass the Prime Minister. That also failed.

It is clear that they were not interested on a compromise; they would have it their way or no way. So when the issue came up this week both Jack in his new incarnation as National Security Minister and the new works minister, Emmanuel George, decided to do something about it. And they did!

The state must take decisions that appear harsh at times in the interest of the wider population. You might recall a squatters land grab at Cashew Gardens in central Trinidad. People were just moving in and putting up homes on State lands hoping that the government would just give in. It didn't work. 

Demolition of squatter's home in Cashew Gardens

Roodal Moonilal read the riot act and moved in. The tough action was condemned but in the end the problem was solved. There is a right way and a wrong way to do things and all that the state was saying is that if you want land and housing do it the right way. And Moonilal as the housing minister is working with the Land Settlement Agency to help everyone who needs a home.

The digression is important because it addresses an inherent lawless attitude among our people who feel that all they need to do is burn tyres, block roads and set up camps - all illegal activities - and they would get their way. And the problem is compounded by those who have a strong anti-government agenda, hoping that such civil action would undermine the government and cause its eventual fall.

Whatever the merits of the Highway Re-Route Movement, the fact remains that the State has an obligation to conduct its affairs without hindrance. Having offered to study the proposals and having halted the project, a responsible group would have waited for the result before escalating their action. But that didn't happen. And there are reports that some people in the community have been threatened for failing to support the re-route agenda.

It's important to look at the whole picture. Did Jack, Colin and the law enforcement officers break the law? It doesn't appear so, but if they did then there is a way to handle that as well. 

Jack himself has said so. "If any laws have been breached, there are ways of having that resolved. My advice has been and continues to be that the lands belong to the Government and the campers are occupiers and they are there illegally and therefore the best advice I can give is the one given to me by the Attorney General, which is that they are there illegally,” he told reporters. 

The People's Partnership government has made it clear that it wants to develop the country - the whole country, not just the urban areas. 

It means that to do this some people would have to make sacrifices and compromises. Those who live along the path of the new highway have been offered fair compensation and some of them are happy to accept it. 

But Kublalsingh and his supporters are not interested in compromise and solutions. Theirs is a political movement determined to overthrow the present administration. And in that case the State has every right to protect its interest on behalf of all its citizens.

Jai parasram | Toronto 28 June 2012

AG Ramlogan backs Warner on move against Re-route protesters

AG Anand Ramlogan and Jack Warner at Thursday's post cabinet media briefing

Attorney General Anand Ramlogan told reporters on Thursday the action that the State took the day before against the Highway Re-route Movement was long overdue.

On Wednesday soldiers and police demolished the camp set up by the group led by Dr Wayne Kublalsingh as supporters of the movement hurled racist slurs and abuse against National Security Minister Jack Warner.

Ramlogan was speaking at the post cabinet news briefing. He said he had advised Warner "a long time ago" to take action against the protestors who were occupying state lands and delaying construction on the highway to Point Fortin.

"The advice I gave to Mr. Warner a long time ago is that this type of lawlessness should not be tolerated," Ramlogan said.

"I gave him that advice when he was Minister of Works and Transport and I found he was too slow to move then. 

"When I saw what happened at the Debe High School on Indian Arrival Day where there was a breach of security and protocol of the highest order, where people had to be physically and forcibly removed by police and then crying. It is as though they are trying to paint us in a corner," he added.

Ramlogan said the protestors had no legal right to the land and added that in his view the State had every right to protect its investment. He added that he was not afraid of assertions made by the group's lawyers that legal action would be taken against the Government.

"If they have a legal case then by all means I encourage them to take it to court. But you cannot blackmail this Government and bully us and hold us to ransom because what you are doing is holding the people of Point Fortin, Debe, Mon Desir, all those persons to ransom. This matter will affect hundreds of thousands of lives," the AG said.

Oropouche East MP Dr Roodal Moonilal apologised to Warner on behalf of his constituents. 

Speaking at the media briefing Moonilal said, "I want on behalf the constituency of Oropouche East to apologise to Mr. Jack Warner for that attack on him in that way on the soil of Oropouche East. Our constituents expressed the view that it was regrettable. Some are angry, some are sad that Mr. Warner was subjected to that type of treatment."

Why are Warner's critics not addressing racial attacks on Warner: AG Ramlogan

Anand Ramlogan has some questions for those who are attacking Jack Warner for acting within his rights to move against the Highway Re-Route Movement that was standing in the way of building the highway to Point Fortin.

Soldiers demolished the camp on Wednesday while supporters of the protest group attacked the national security minister verbally.

Critics, including the Congress of the People, have denounced the action but according to the Attorney General, no one is addressing the very serious matter of how Warner was treated.

He said, "I invite the COP, I invite all of the persons who are speaking on this matter to address two issues. The racial abuse, taunts and provocation and ridicule to which Minister Warner was subjected, is it that you condone that? 

"And secondly, what was the legal right of the Movement to be there in the first place? On what basis are you saying that the Government ought to have tolerated this any further?"

He wondered what moral right the opposition People's National Movement (PNM) has when it has acted in similar fashion in the forcible removable of now deceased Disabled People's International President, George Daniel, from his wheelchair during a 2003 protest at the compound of the National Flour Mills. He said the PNM acted in the same manner during the anti-smelter protests.

"The PNM didn't say anything that time. Rowley was a member of the Cabinet, I ask him where was your voice then? Ramlogan asked.

"When I saw Dr. Peter Vine being bodily moved in the middle of the ocean and flung into the water repeatedly when the aluminum smelter project was going up, I did not hear Dr. Rowley's voice condemning his own Government for treating people like that. And in that matter, the protest was in fact vindicated in the court because the CEC certificate was quashed."

Ramlogan accused the group of attempting to create public mischief, noting that the Government had been lenient in not taking action against protestors who attempted to block the Prime Minister in Debe on Indian Arrival Day.

He also defended Minister Warner's physical presence during the exercise, stating it was one of preventing false accusations of brutality being leveled against the Government.

Jack stands behind decision to demolish Debe camp; Says he did not consult PM or CoP

National Security Minister Jack Warner has no regrets about the demolition of the camp set up on the route of the Point Fortin Highway by the Highway Re-Route Movement led by Wayne Kublalsingh.

Soldiers knocked down the illegal camp Wednesday morning to make way for the contractors to begin work on the section from Golconda to Debe.

Speaking with reporters at Thursday's post cabinet media briefing Warner said he is ready to face whatever consequences come as a result of his action. And he made it clear that he did not have any prior discussions on the matter with Prime Minister Kamla Persad-Bissessar.

"The Prime Minister did not give me any instruction. The Prime Minister did not advise me. I did not ask her. I didn't tell her what I was doing. I acted on my own accord and whether of course I would rise or fall on this or whether I would get a backlash, I said before. I am prepared for it," he declared.

Warner also confirmed that Police Commissioner Dwayne Gibbs did not give instructions for the police to be present.

"The military officers were directed by the Chief of Defense Staff, Kenrick Maharaj, who was there from the beginning until after eight. And the police, they had been sent by ACP Fitzroy Frederick, he is the person to whom I spoke and he's in charge of the police in the South Western Division," the minister explained.

The protesters had been holding up work on the highway, demanding that the government change the route. That has cost the government money.

Works and Infrastructure Minister Emmanuel George told reporters he does not know the exact cost but plans to meet with the Chairman of the National Infrastructure Development Company (NIDCO) to get an estimate of the losses. He said the meeting with Carson Charles is planned for Friday.

"Hopefully I will get all of the details and what it has cost so far and what it has potentially cost this Government every day that the work on the Highway cannot go on," George said.

Warner said he held 12 meetings with the re-route group and advised them of some changes to be made to the route. He said Wednesday's action was the best way to tackle the issue and save millions of taxpayers dollars from being wasted. The projected cost of the highway to Point Fortin is more than seven billion dollars.

In a related development NIDCO issued a status report Thursday on the highway project. It said the contractors, Construtora OAS, have moved their equipment onto the Debe site and has recommenced clearing and grubbing up to the end of the Phase 1 highway segment as per the contract agreement. 

"The demolition of the camp has paved the way for the contractor to complete the Golconda to Debe segment of the highway in accordance with the contract," NIDCO said. 

The estimated cost of construction of the Debe to Mon Desir segment is $2.1 billion and the projected completion date is May 2014. However NIDCO said the contractors expect to complete the segment not later than June 2013.

Photo story: New cabinet holds first meeting

PNM condemns National Security Minister, calls action in Debe "disturbing"

The People's National Movement's (PNM) online information service PNMmedia issued a released Thursday on behalf of the Leader of the Opposition, condemning the action of the Minister of National Security during the demolition of a protest camp Wednesday in Debe.

The release is transcribed below:

Information now available in the public domain, from reports in the media and the admission of those involved, confirms that the Minister of National Security has initiated directed and personally participated in physical acts of law enforcement activities involving the police service and Defence Force.

This action of the Minister of National Security is extremely disturbing since it now presents certain aspects of law enforcement without a court order under the directions of the political directorate. 

This is a frightening and wholly unacceptable state of affairs since insofar as it undermines the protections established under the independence of the office of the Commissioner of Police, citizens are now exposed to widespread abuse by the political arm of the executive. 

If this is not recognised and condemned for what it represents we would willfully or unwittingly have laid the foundation for the establishment and operation of a classic police state where the rights and protections of all citizens can fall prey to unfettered political convenience.

The PNM unequivocally condemns this unsavoury development and holds the Prime Minister personally responsible for the disgraceful conduct of the Minister of National Security (and the Minister in the Ministry of National Security).

If the Minister of National Security is to be believed then the seriousness of the matter is further complicated by his revelation that an operation such as this has been contemplated and initiated without the knowledge and or consent of the Prime Minister. This shows that the Government of Trinidad and Tobago remains a cacophony of confused noises wherein renegade ministers operate on a ship without a rudder.

The sight of so many ministers rushing to support and justify what is in effect a dangerous new line which has been crossed by a fellow minister overstepping his bounds as he insults the Constitution while undermining the office of Commissioner of Police should tell the population that this Government is incompetent and dangerous.

The PNM calls on the Prime Minister to immediately speak out on this matter and take action against the Minister of National Security for this flagrant abuse of ministerial authority. 

The PNM also calls on the PM to clarify for the public her Government's understanding of authorities under which police officers and members of the Defence Force can be called out and directed as law enforcement operatives if the state.

The current circumstances demand that the PM publicly confirms her government's commitment to recognising the independence of the office of Commissioner of Police in all matters of law enforcement operations. 

If the Prime Minister fails to act accordingly and fails to take action against the Minister of National Security then it will fall to all right-thinking citizens to mark this UNC Government for extinction at the earliest opportunity if a full fledged police state is not to emerge as the Government's crime plan in Trinidad and Tobago.

Re-route movement and allies camp outside PM's office

The Highway Re-Route Movement took their protest to the Office of the Prime Minister Thursday, setting up a makeshift camp outside the office at St Clair and vowing to return on Friday.

Among those present at the camp during the day were:

• President general of the Oilfields Workers’ Trade Union (OWTU) Ancel Roget
• President of the Federation of Independent Trade Unions and Non-Government Organisations (Fitun) Joseph Remy
• Chairman of the Movement for Social Justice (MSJ) Vincent Cabrera
• Leader of the MSJ, David Abdullah
• COP deputy chairman Vernon de Lima
• COP member Robert Mayers

They all condemned the destruction of the camp. "There is a right and a wrong way to do things and the wrong way has been employed this time and people like us must see to it that the right thing is done,” de Lima told reporters, adding that he was speaking as a citizen, not a member of his party. He suggested that his leader, Prakash Ramadhar, should issue a statement on the matter.

COP has already issued a statement in which it condemned the destruction of the camp. In a release from deputy Political Leader Dr. Anirudh Mahabir Wednesday the party said it is "alarmed to learn of the destruction of the camp."

It added, "The COP recommends that there be an immediate end to this confrontational approach and that a speedy resolution of this situation be found by way of dialogue and consultation."

Although de Lima said he was speaking as a private citizen he also voiced his concern as a member of COP about Warner, saying that in his view Warner should not be appointed to cabinet. And he called on Ramadhar to take a stand on that issue.

He said the members of the Re-route Movement had done nothing wrong. Mayers also said Warner should not be appointed Minister of National Security.

Muradali takes charge of City of San Fernando

Dr Navi Muradali will take the oath of office Friday to become the Mayor of the City of San Fernando. He succeeds Marlene Coudray who resigned last week to join the cabinet as minister of Gender, Youth and Child Development.

Muradali, who is a member of the Congress of the People (COP), confirmed to local media that the ceremony will take place at the bandstand on Harris Promenade, opposite City Hall. 

Muradali, 38, said he wants to have a public swearing-in to demonstrate how he intends to conduct business.

“I think it represents openness and transparency," he said. He added that holding it in the public domain "will give residents of the city of San Fernando the opportunity to observe an election of aldermen and the inauguration of a mayor." 

Muradali said being named mayor is “a very humbling experience and I do hope that I can deliver good governance to the residents of the city of San Fernando.”

Businessman kills bandit during attempted robbery

A media report says a businessman shot and killed a man who tried to rob him in Port of Spain. It happened Thursday morning at a car park on Henry Street.

The report on state media said a man who is known as 'Yankee' was sitting in a guard booth at the car park waiting to attack the the proprietor of a nearby store.

When the businesman approached his car Yankee went to him, pointed a gun and the man and demanded money, the report said. It added that at that point the businessman responded by pulling out his licenced firearm and shooting Yankee several times, hitting him in the chest. Yankee fled but collapsed soon after and died.

Caribbean Airlines facing lawsuit in NY over Guyana crash

A passenger on the Caribbean Airlines (CAL) flight that crashed and split in two in Guyana last year is suing the airline in a New York court, claiming that injuries she suffered in the crash stemmed from the airline's negligence.

Nandine Persaud was a passenger Flight BW523 from New York City to Georgetown, Guyana, via Trinidad on the July 30, 2011. 

The Boeing 737-800 overran the end of the runway at the Cheddi Jagan International Airport, broke through a fence, fell onto a road and broke apart. None of the 157 passengers and six crew members died, but many were injured.

Persaud's legal claim is that she suffered mental anguish, fear of impending death, and severe and disabling injuries. She is seeking damages for her injuries, pain and suffering, medical expenses, and loss of earnings and earning capacity.

In her lawsuit Persaud is claiming that the crash "was caused by the negligent servicing, maintenance, repair, operating and piloting of the subject aircraft".

The evidence from the Guyana Civil Aviation Authority that investigated the crash does not support the claim. 

The preliminary findings state that "the primary contributing factor in this accident was that the aircraft made a long landing and touched down with insufficient runway remaining to come to a safe stop." A final report is due before the end of the year.

Today's quote: JACK WARNER

"If any laws have been breached, there are ways of having that resolved. My advice has been and continues to be that the lands belong to the Government and the campers are occupiers and they are there illegally and therefore the best advice I can give is the one given to me by the Attorney General, which is that they are there illegally.” 

-National Security Minister Jack Warner on the demolition of a protest camp in Debe

Police, soldiers break up re-route camp, arrest Kublalsingh

Police have destroyed a camp set up in south Trinidad by the Highway Re-route group and arrested its leader Dr. Wayne Kublalsingh.

Local media reports say it happened just after six Wednesday morning while the group was protesting the construction of the section of the Highway to Point Fortin that runs through the community of Debe/Mon Desir. Police officers and soldiers clashed with demonstrators, the reports said.

Former Works Minister Jack Warner, who is the new National Security Minister, visited the scene of the clash with both sides. He had ordered a temporary halt to work on the disputed section of the highway in order to conduct studies to determine if the route can be changed.

The movement has said the highway will destroy an old community and cause severe environmental damage. It has suggested at alternative route and  suggested that members might take legal action to get their way.

The Congress of the People (COP) condemned the destruction of the camp in a release from deputy Political Leader Dr. Anirudh Mahabir. The party said it is "alarmed to learn of the destruction of the camp...and arrest of Dr. Wayne Kublalsingh."

It added, "The COP recommends that there be an immediate end to this confrontational approach and that a speedy resolution of this situation be found by way of dialogue and consultation."

It suggested that the new Minister of Works and Infrastructure, Emmanuel George, "must lead the work of the Government at the highest levels in this matter in light of the fact that this highway from San Fernando to Point Fortin is of great importance to the economy and the relief of hardship of people living on the South-West peninsula."

COP said George must be given the opportunity to address the issues raised by the movement.

It added that the COP is concerned that "several Ministers of Government were involved in essentially a police-military operation, given the Constitutional separation of the roles of elected and coercive arms of the state.

"The COP is of the view that an open and consultative approach to the claims of those with a different point of view, including protestors, is more likely to achieve mutually satisfactory and beneficial outcomes than violent confrontation on either side. That is the spirit of the People’s Partnership approach to new governance."

Jack explains what happened at re-route camp

Jack Warner told reporters Wednesday police arrested the leader of the Highway Re-route movement Dr Wayne Kublalsingh after Kublalsingh tried to run his vehicle into an army truck.

Kublalsingh was arrested and taken to the San Fernando police station. However local media reports say he was later released without any charges being laid.

Kublalsingh has been leading a pressure group known as Highway Re-Route Committee in a bid to force the government to change the route of the highway to Point Fortin. The group set up a camp in Debe recently to bock any work on the section from Mon Desir to Debe.

They claim that the route of the highway would cause severe environment damage and social displacement to a community that has lived there for generations. The government stopped work on that section in an effort to conduct studies to see if it is feasible to change the route. However the protest continued.

On Wednesday morning police and army moved to shut down the camp. The camp was destroyed and there is now a strong security presence there.

Warner, the former works minister who now holds the National Security portfolio, held a news conference to explain what happened. 

The minister said, "Kublalsingh arrived and he tried to run his motor vehicle into an army truck. He did not succeed because there was a mound of earth that prevented him. 

"Then he came out of his vehicle and rushed at the soldiers, and he slapped one of them. They did not retaliate. They held him, they wrestled with him and he finally was taken down to San Fernando Police Station. 

"So as it stands today, the camp has been demolished. An army camp will be on the spot and the army camp shall move as fast and as often as the contractors want to move. 

"The army camp shall also make sure that any other facility of the kind that any effort is made to erect one subsequent to today that shall also be demolished. And there shall be no more attempts of any kind to erect any camp along the right of way of the Highway."

Dr. Kublalsingh told another story. Local media quoted him as saying Warner's account is not accurate. "I didn't slap anybody at all," he said. 

He added, "I came into the camp and I resisted attempts from the army officers to remove me. That is what happened. I came again and I resisted attempts again from them to remove me. I put my car in front of the camp, I didn't hit 
anything. I am looking at my car, there are no damages."

Former Attorney general Ramesh lawrence Maharaj has criticised the move. He told reporters the authorities did not follow the proper procedure.

"The law makes it clear under the State Lands Act of Trinidad and Tobago that if there is anyone squatting on State lands and they have been there for a while that the Government has a duty to serve them a notice and the Government has to take steps to take action in the Magistrate's Court to get possession," Maharaj said.

Kublalsingh's allies in the Oilfield Workers Trade Union (OWTU) and the Movement for Social Justice (MSJ) also condemned the move.

MSJ leader David Abdulah said he fears that Trinidad & Tobago is becoming a police state and called for the resignation of the national security minister.

"The Defence Force ought not to...take instructions from a politician. Police officers are not under the instruction of a politician...we are in very dangerous situation of a Police State," he said.

Former Prime Minister Basdeo Panday shares that view. Speaking on a national television show Wednesday night Panday said Warner appeared to be directing the police action and that is a violation of the rights of the protesters. He said due process of law was not followed.

Moonilal praises Jack for acting against re-route protesters

Housing Minister Dr Roodal Moonilal congratulated National Security Minister Jack Warner for his “strong action” in dealing with the Highway Re-Route Movement’s Debe campsite Wednesday.

Soldiers and police moved in a demolished the camp set up by a small group of protesters who want the government to change the route of the highway to Point Fortin. 

The highway passes through Moonilal's Oropouche East constituency. "I want to congratulate Mr Warner and Minister Partap (junior minister in National Security) for their strong action to maintain law and order," Moonilal told reporters.

He added, "While we respect the right to protest and to express views on Government policy, we must also respect the rule of law and the re-route people were clearly in breach of the law.”

Moonilal suggested that the group could “re-route their campsite.” He said Warner kept him abreast of developments as they transpired. 

Moonilal insisted that the ministers "acted appropriately" in the circumstances and added, "I hope that those persons will express their views and continue whatever actions they deem necessary but within the confines of the law.”

He said, "This is a matter for the police and the National Security Services. Mr Kublalsingh and his group are free to continue protest activities within the law.” he added.

PNM senator wants PM, AG to explain what happened in Debe

Opposition Senator Faris Al-Rawi on Wednesday called on Prime Minister Kamla Persad-Bissessar and Attorney General Anand Ramlogan to clear the air on what happened when police and soldiers tore down a protest camp in Debe.

Members of the Highway Re-route Movement had set up a camp to block construction of a section of the highway to Point Fortin. Their action was deemed illiegal and law enforcement personnel moved in Wednesday morning abd demolished the camp.

Al-Rawi said both Persad-Bissessar and Ramlogan owe the country an explanation. "The Attorney General, as the titular head of the bar, cannot remain silent," the senator said.

He added, "He has got to come out and say what the law is, to come out and make heavy pronouncements on this matter. The Prime Minister has also got to become involved and she must not remain silent

“Everyone wants to get rid of crime, but no one can ever support the breaching of the law to get there, and the integrity of the law must be jealously guarded at all times.” 

Al-Rawi said the new national security minister has placed himself in “grave jeopardy” by being present when the officers moved in.

“This is a ground for serious action and it makes the police, army and even the minister immediately subject to being sued,” he stated. He also expressed concern that people were not afforded due process. “If we don’t carefully guard the separation-of-powers principle and uphold the due process of law, then the country is headed into a totalitarian police state."

Express Editorial: A rotten state of affairs

Reproduced unedited from the TRINIDAD EXPRESS

That it has taken ten years to identify a fatal flaw in the integrity investigation and subsequent prosecution of former prime minister Basdeo Panday must stir fresh outrage against the authorities, found yet again to have dangerously and expensively bungled.

Magistrate Marcia Murray's finding of misconduct by the Integrity Commission is a damning indictment of several vital institutions involved in the dispensation of justice.That wrong-doing of such a serious nature could be perpetrated from within the heart of the very institution established to protect and uphold the highest values in public life is testimony to the rotten state of affairs in this country.

The magistrate minced no words in denouncing the Commission, declaring that in stopping the case, she was acting to "protect the integrity of the criminal justice system'' since "the misconduct of the Integrity Commission was so serious that it would undermine public confidence in the criminal justice system and bring it into disrepute".

This misconduct had succeeded not only in damaging the political career of a former prime minister but in committing an egregious disservice to the public interest in upholding the law.

This is not an issue from which we should be content to just walk away. If public trust is to be restored, all parties to this disaster must be called to account starting with the then attorney general Glenda Morean, the Integrity Commission, the Director of Public Prosecutions, the police Fraud Squad and the expensive legal team headed by a high-priced British QC. Questions remain to be asked, as well, about the ruling against Mr Panday by Chief Magistrate Sherman McNicolls.

On the financial impact level, how long are the burdened taxpayers of this country to keep paying the heavy price of professional ineptitude, political witch-hunting and rank amateurism that passes for management in almost every one of our institutions?

But the financial soaking on citizens may be the lesser of the damage. As Magistrate Murray pointed out, the more deleterious is the impact on public confidence in the integrity of the justice system as a whole. .

In commenting on the denial of Mr Panday's right to due process, Magistrate Murray described the substance of the charges as the "fruit of a poisoned tree which was the product of the Integrity Commission's misconduct", adding that had it not been for such misconduct, the proceedings would not have arisen.

This comment leaves us with the baffling question of "why?'' Why was Mr Panday not afforded the right to answer to a tribunal as provided by law? Was this a sin of omission or commission?

Five years ago, in quashing the conviction and six-year sentence on Mr Panday, the Appeal Court ruled the conviction "unsafe" on the grounds of apparent bias.

The integrity of the Integrity Commission itself, and the judicial system that supports its work, require that we get to the root of what really happened in the Panday case.

Rowley has no confidence in Integrity Commission

Opposition Leader Keith Rowley told local media Wednesday he has no confidence in the operations of the Integrity Commission (IC). 

He was commenting on a ruling by Magistrate Marcia Murray in the matter involving former Prime Minister Basdeo Panday who was charged with failing to declare his bank account to the Integrity Commission.

The magistrate ruled in favour of a no-case submission by Panday's legal team and at the same time chastised the Commission for the manner in which it conducted its affairs.

Murray said, “It is the Court’s view that the misconduct of the Integrity Commission was so serious that it would undermine public confidence in the criminal justice system and bring it into disrepute.”

She noted that the commission never gave Panday an opportunity to defend himself or make a presentation to a tribunal. 

Rowley told the Newsday newspaper he is not surprised to hear of the shortcomings of the commission. He called Murray’s ruling “a disturbing development which requires attention, given that this is the second ruling made against the Integrity Commission.” 

Rowley has had a similar experience when in November 2004, the Integrity Commission began investigating him about allegations regarding the siphoning of materials from the Scarborough Hospital site to a development project at Mason Hall, Tobago owned by his wife, Sharon.

Rowley was eventually cleared but he challenged the way the commission dealt with the matter and was awarded $100,000 in compensation by Justice Maureen Rajnauth-Lee.

That ruling led to the resignation of all members of the commission. When a new commission was appointed there were controversial personal issues that led to all members offering their resignation.

President Max Richards subsequently appointed a new commission headed by Prof Eric St Cyr who also resigned after coming under fire for disclosing confidential information to the media about a probe into UDeCOTT chair Jearlean John before advising John of what was happening.

The present commission, chaired by Ken Gordon, is also in the midst of a major controversy involving its deputy chair, Gladys Gafoor in respect to an investigation into former Attorney General John Jeremie.

Rowley told the paper the workings of the Integrity Commission in the past “have brought the Commission into disrepute and public confidence will be shaken.” He suggested that immediate action be taken to provide the Commission with a “full time, qualified legal staff”.

He said he would make recommendations to the President to have ongoing legal support provided to the Commission to prevent further faux-pas arising in the future on simple matters. Communications manager for the Integrity Commission Mervyn Critchlow told Newsday the Commission has no comment at this time.

While Rowley took legal action against the state, Panday has no intention of doing so. He said he doesn't have the financial resources to do it and added that he also wants to put this behind him. "I have carried this burden for the past ten years and I do not want to be burdened by this anymore,” Panday said.

Photo story: Scholars get their medals from President Richards

President's Medal Winners, from left, Amit Seeth, Gabryelle Gunness and Shastri Ram, from right, Afra Corban, Alexa Garcia and Kerry Singh, flank President George Maxwell Richards (fourth from right) and Education Minister Dr Tim Gopeesingh during a presentation ceremony yesterday at Knowsley in Port-of-Spain. 
Author: Azlan Mohammed (REPRODUCED FROM NEWSDAY)

PM Kamla assures media that TT respects press freedom, pledges to review defamation law

Prime Minister Kamla Persad-Bissessar told local and International journalists on Tuesday her government will review its defamation laws to bring them in line with international best practice.

She made the pledge when she address a reception for delegates attending the closing of the International Press Institute (IPI) World congress in Port of Spain.

She noted that the decision followed a meeting between Attorney General Anand Ramlogan and a delegation from the IPI. 

"The responsibility falls to us as the Government to ensure that even as we preside over the passionate defense of all aspects of freedom, we must ensure that the exercise of one’s freedom at no time represents an impingement of another’s freedom," she said.

Persad-Bissessar also raised some fundamental issues about the role of media. "If I asked you to comment on a story which in fact had no basis of truth and you denied its very existence which I in turn as a journalist then carried as your rebuttal, taking it into the public domain, would that be fair and just?" she asked.

"We in the Government take responsibility for all in our nation, and each citizen takes responsibility for himself. If anyone slips, trips or falters, the media is there to ensure that nothing is missed," the PM said.

And she had some questions too. "Who reports on the media? Who regulates the media? How can the media be regulated and held to standards in a manner that is transparent and does not impinge on its ability to operate freely?

"How can the media also decide on parameters within which journalists must operate so that Journalistic integrity, as an ideal, becomes a continuous pursuit, rather than at times, simply a shield?

"Integrity and character are not automatic endowments by virtue of the professions we choose. We, the people who populate the professions, are the ones entrusted with the responsibility to either maintain or destroy the integrity and character of our professions.

"Integrity and character therefore can only be our shields when we have earned them, through trust, a continuous demonstration of us aspiring to those ideals, and evidence that we have upheld the noblest of ideals.

"My firm view is that such self-regulation is essential and, as with everything, must subject itself to growing demands of the millions of people driving the evolving global environment.

"I would therefore place this responsibility on all stakeholders to consider this next step in consolidating democracy, by ensuring that everyone is subjected to both the defence and the demands of true freedom...

"As leaders of Governments embracing the democratic model, we must uphold the tenets of the 1991 Declaration of Windhoek and the earlier United Nations Declaration of Human Rights, which states in Article 19, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers”.

"Let me say very plainly to all of you this evening - my firm conviction is to do otherwise, would be to threaten the very democracy and the pillars of freedom upon which the free world stands.

"Let me also add that this means that freedom and democracy must be something that we all protect, with no one having any greater right over its protection than any other."
CLICK HERE TO READ THE FULL SPEECH

Magistrate upholds Panday's no case submission; former PM free

File: Basdeo Panday goes to court with his daughter

Basdeo Panday is a free man.

A magistrate in Port of Spain on Tuesday upheld the former Prime Minister's no case submission of failing to declare a London bank account to the Integrity Commission.

It's the second time Panday was before the courts on the same matter. In the first instance his conviction was tossed out by the Privy Council, which stated that there was political influence in the matter. The Law Lords, however, said Panday should be given a new trial.

Panday was charged with failing to declare to the Integrity Commission his bank accounts for the years 1997, 1998 and 1999 while he was Prime Minister. He is the only person ever charged under the Integrity in Public Life Act.

His first trial was in 2006. He was found guilty by then Chief Magistrate Sherman McNicolls and jailed for two years. He spent five days at the Maximum Security Prison before being granted bail while his appeal was before the courts. The Privy Council later threw out the conviction.

When the matter went back to court Panday's legal team made a no case submission and on Tuesday Magistrate Marcia Murray upheld that submission, in effect declaring Panday a free man.

Murray discharged Panday, saying: “The court is compelled to stop these proceedings to protect the integrity of the criminal justice system.” She ruled that the Integrity Commission had erred when it failed to give Panday a chance to be heard before a tribunal. She said as a result Panday was deprived of due process of law by sending the matter directly to the Director of Public Prosecutions.

Murray ruled: “The misconduct of the Integrity Commission was so serious that it would undermine public confidence in the criminal justice system and bring it into disrepute. 

“The court is therefore compelled to stop these proceedings to protect the integrity of the criminal justice system.” Panday's lawyer had argued that the former PM was “singled out” and used as a political football and the investigator failed to complete pertinent checks.

Panday told reporters afterwards, “After all these years of struggle, I have experienced all things, all the ups and downs. My lawyers have done their work and I am really grateful for that.” He added, “I am working and enjoying myself. I am having fun.” 

His daughter, former Oropouche West MP Mickela Panday, said: “It has been an emotional, financial and physical strain on us. I am relieved it is over and justice has prevailed. I am pleased with the decision and the truth has come out.”

What the Magistrate said on the Panday case

Former PM Basdeo Panday and his daughter, Mickela Panday, leave court Wednesday (Express Photo)

Murray’s ruling:

“In cases of false declarations made under the act, the Integrity Commission plays a ‘pre-prosecution’ role in that only after it has conducted its due process can it refer persons to the Director of Public Prosecutions. 

“For these purposes, the Integrity Commission is a critical part of the Executive which makes the decision to prosecute.

“The Integrity Commission failed to comply with the provisions of the act under which it is constituted when it did not advise the President to appoint a tribunal to enquire into Mr Panday’s declarations. 

“Mr Panday was not given an opportunity, to which he was entitled, to be heard by a properly constituted tribunal.

“The referral of Mr Panday’s declarations to the Director of Public Prosecutions was therefore ill conceived and it matters not that the Director of Public Prosecutions found there was sufficient evidence to lay the charges. 

“In the court’s view, failing to accord Mr Panday due process under the act amounts to misconduct on the part of the Integrity Commission.

“The misconduct by the Integrity Commission was very serious. The substance of these charges was the ‘fruit of the poison tree’ which was the product of the Integrity Commission’s misconduct. 

“Furthermore, without the product of the misconduct, these proceedings would not have arisen. 

“It is the court’s view that the misconduct of the Integrity Commission was so serious that it would undermine public confidence in the criminal justice system and bring it into disrepute."