Trinidad & Tobago
Senior Counsel calls for probe into judicial appointment
Port-of-Spain – A police investigation should be immediately launched to determine whether Chief Justice Ivor Archie and former chief magistrate Marcia Ayers-Caesar may have committed the common-law criminal offence of misbehaviour in public office in relation to issues surrounding Ayers-Caesar's elevation to the High Court Bench and her subsequent resignation.
Senior Counsel Israel Khan said he was calling on DPP Roger Gaspard SC to invoke his powers under section 90 of the Constitution and make a request of the Commissioner of Police to assign a senior officer to lead an investigative team into the conduct of both Archie and Ayers-Caesar.
He said this was necessary given the conflicting and changing information being given to the public by both the Office of the Chief Justice and Ayers-Caesar in relation to the circumstances surrounding Ayers-Caesar's promotion on April 12, followed by her resignation on April 27.
In a letter to Gaspard, Khan said the pertinent fact which should trigger the investigation against Ayers-Caesar is in the public domain via a press release issued by the Office of the Chief Justice.
In that release, Archie stated that prior to Ayers-Caesar being appointed to the High Court Bench, she indicated to the JLSC that she had only two summary cases and a few paper committals before her in her capacity as Chief Magistrate.
"The Office of the Chief Justice subsequently revealed (after the violent protestations in open court by several accused persons on murder charges which were part-heard by Marcia Ayers-Caesar) via another official press release that she had left in abeyance 53 outstanding part-heard matters. Simultaneously with this press release, it was revealed that Mrs Ayers-Caesar had resigned her position as a judge of the High Court. And it was also divulged to the public via official press release from the office of the Chief Justice that the Judicial and Legal Service Commission was contemplating disciplinary proceedings against her.
"It is instructive that retired chief justice Michael de La Bastide stated in a press interview via the print media on Monday, June 5 that disciplinary action could be taken against the former chief magistrate for misleading the Chief Justice and the members of the JLSC vis-à-vis her pending part-heard matters," said Khan.
He went on to say that if a police investigation were to reveal that Archie was speaking the truth, then Ayers-Caesar may have committed misbehaviour in public office since, based on what was said by Archie, it suggests that Ayers-Caesar deliberately withheld from him and other members of the JLSC that there were in fact 53 part-heard matters before her at the time of her elevation.
"The Chief Justice, by implication, is telling us that the former chief magistrate lied to him in order for him and the JLSC to recommend her swearing-in as a judge. In other words, he is saying that she could not have cared less. She had pulled wool over their eyes. Thus she was selfish and irresponsible," the letter stated.
Further to that, the attorney said subsequent to Archie's explanation for recommending her appointment to the High Court, it was revealed in newspaper reports last Sunday by Ayers-Caesar that she had informed Archie that she had left 28 outstanding part-heard matters.
"By implication, she is saying that the learned Chief Justice is a stranger to the truth when he told all and sundry that she had told him that her part-heard matters constituted only two summary cases and a few paper committal matters. Most alarming of all, the former chief magistrate stated that she was forced to resign as a judge of the High Court and she was told that she would be restored as a magistrate to complete her part-heard matters and then latter be reappointed to the High Court.
"Who is speaking the truth in all this Ivor Archie/Marcia Ayers-Caesar constitutional mess? Who is to be blamed for this sordid affair?" Khan asked.
"Honourable DPP, I humbly suggest that you note that only a meticulous police investigation would reveal the true facts as to who misled whom and who is to be blamed and, most of all, who misbehaved in public office. Thus both the Chief Justice, Mr Ivor Archie, and the former chief magistrate, Mrs Marcia Ayers-Caesar, should be included as persons of interest in a police investigation vis-à-vis misbehaviour in public office," he said.
Last Thursday, Labour Minister, Jennifer Baptiste-Primus, said the figure from late 2015 to around May was approximately 2,500. She later gave the final, official figure at 2,630 unemployed, which is from September 2015 to June 2017.
The ministry stated the number of those retrenched from September 2015 to September 16, was 1,865, based on notices received by the ministry. In February 2016, Baptiste-Primus had said 846 had been retrenched up to then.
Baptiste-Primus explained that the ministry had figures, excluding numbers of less than five people retrenched from any entity. For numbers under five who were retrenched, an entity did not need submit notices to the ministry, she noted.
According to the ministry’s figures, between January to December 2015, the total number of notices sent to the ministry regarding retrenched people was 1,721.
Largest number of retrenchments then was in October mainly in the construction and financing/business services/real estate sectors.
For January to December 2016, the total number of notices was 1,315. The largest number of notices were issued in May 2016 mainly for the petroleum and gas production, refining, and service contractors sectors.
From January to June 2017 the number of notices was 465. Largest number was in April pertaining to the petroleum and financing sectors.
Baptiste-Primus noted there are 22 pieces of legislation under the Labour Ministry. Government is expediting labour law revision, prioritising Industrial Relations and Retrenchment and Severance Benefit legislation.
On new legislation mandating that workers must enjoy specific basic terms and conditions, Baptiste-Primus said employers’ associations have sought more time to examine this.
She said Cabinet has also received reports on reducing contract dependency in the public sector and state enterprise/private sectors.
“Contract labour has ballooned. But once work is of continuous nature, there’s need for permanent employment rather than contract. It may not necessarily mean more jobs, but jobs will be of permanent nature. For example in the public sector, we need to de-suppress existing permanent public sector there.”
She added in the case of the private sector “moral suasion” has to be employed.
Also, she continues to dispute the figure by UNC MP Rudy Indarsingh that 25,000 to 30,000 people have lost jobs between the years 2015 to 2017.
Said Indarsingh: “Contrary to the government’s Labour Day message from Public Administration’s Maxie Cuffie – that the government is committed to working closely with the trade union movement to ensure workers’ rights are respected – exactly the opposite is happening.”
He added: “The Prime Minister and the Ministers of Finance, Energy, Public Utilities and the Agriculture must explain how many more thousands will be forced on the breadline due to impending closure of the Board of Inland Revenue and Customs/Excise with the coming of the T&T Revenue Authority and restructuring of Petrotrin, Agricultural Development Bank, NAMDEVCO and TSTT (following acquisition of Massy Communications).”
In his Labour Day message on Sunday, Indarsingh also criticised the government’s message issued by Public Administration Minister Maxie Cuffie who said his government was “committed to working closely” with the trade union movement to ensure that workers’ rights were always respected and that the gains won over the years would not be callously eroded.
“Exactly the opposite is happening in the country,” Indarsingh said.
He added: “The principles of good industrial practices and the labour laws of our country are being undermined by this government. Workers and the labour movement have absolutely nothing to celebrate on Labour Day after 21 months of the Keith Rowley led-government.”
Indarsingh said the Prime Minister as well as the ministers of finance, energy, public utilities and agriculture must tell the labour movement how many more thousands of workers would be forced on the breadline as a result of the closure of the Board of Inland Revenue and Customs and Excise with the coming of the Revenue Authority, the restructuring of Petrotrin, ADB and NAMDEVCO and TSTT in relation to the (TT) $255 million acquisition of Massy Communications. Indarsingh said Labour Minister Jennifer Baptiste-Primus, a former trade union leader, had “totally betrayed the labour movement and workers” and had presided over the “collapse of a joint memorandum of understanding signed between the PNM and the labour movement prior to the September 2015 general election”.
Said Indarsingh: “Today, the labour movement has withdrawn from the National Tripartite Advisory Council and social dialogue is no longer on the Rowley-led administration’s radar.”
He said workers were being “pulverised with sustained taxation” while there had been three increases in the price of gas and diesel and the restoration of VAT on 7,000 basic food items.
Indarsingh said the property tax as well as a “sliding TT dollar have resulted in a total erosion of workers’ purchasing power resulting in thousands of families having great difficulty in putting bread and butter on the table for their dependants”.
He added: “I am asking Baptiste-Primus to tell the 25,000-plus workers who have lost their jobs, especially those of Arcelor Mittal and Centrin, what has become of her ten-point plan and her announcement of 35,000 Canadian jobs for citizens to drive long haulage trucks in Alberta, which will lead to them acquiring Canadian citizenship,” he said.
Following the lifting of the tropical storm warning on Tuesday morning, many nationals found themselves without electricity after trees uprooted by high winds brought down power lines. Many others were marooned by flood waters, and could not evacuate their homes.
Hard-hit areas in south Trinidad were Lower Barrackpore and other areas in the Penal/Debe and Siparia regional corporations.
Local Government Minister Kazim Hosein was on scene Tuesday, touring roads and areas affected by rising flood waters. He said families were marooned at Lower Barrackpore, with flood waters rising as much as four metres outside some homes. Many of the affected residents were unable to evacuate because of rising flood waters and downed power lines, and could not make it to designated emergency shelters.
Hosein said his team was unable to reach some residents, and resorted to calling for a small boat for evacuation in the seriously flooded area. He noted some areas had also become inaccessible due to fallen trees, such as Penal Rock Road.
“We could not get to the residents there because the tree fell across the road. T&TEC was called in to assist with the removal of that tree. Then we would be able to go in and assess the damages and help residents there,” he said.
Hosein said 20 roofs were blown off in the Penal/Debe area, with the pounding rain flooding these houses and damaging appliances and furniture.
“People are marooned in their homes at this time. They are unable to get out because of the high flood waters. I spoke with the Minister of National Security and we are trying to get a dinghy to come down to assist us. We have shelters available for the people, but it is difficult for them to get out,” he said.
Office of Disaster Preparedness and Management officers were on Tuesday distributing mattresses, foodstuff, and water to the affected residents.
Hosein said regional corporation workers were also on site, clearing water ways and assisting residents to clean their homes. He also toured Siparia, where several roofs were blown off, and homes flooded.
Hosein gave the assurance to residents the Ministries of Social Development and Community Development would move in to provide assistance.
Opposition Leader Kamla Persad-Bissessar held a meeting at the Siparia Regional Corporation before touring some of the areas affected by flooding. She was accompanied by Oropouche East MP Dr Roodal Moonilal and other members of Parliament.
Sipara chairman Dr Glenn Ramadharsingh said several roofs were blown off in Cedros, Fyzabad, and San Francique. He said areas in Cedros and San Francique were without electricity.
Ramadharsingh said there were no reported injuries and corporation workers were out on the field monitoring the situation. He said no emergency shelters were activated as affected residents chose to stay at the homes of neighbours and relatives.
In the aftermath of the heavy rains, flood waters began rising Tuesday in the major rivers across south, central and east Trinidad following the impact of Tropical Storm Bret on Trinidad on the night of June 19. According to the reports, while the storm’s impact did some damage throughout the country, the Caroni, Guaracara, Godineau and Cipero rivers all began rising, with the Ortoire river in Trinidad threatening to overflow its bank, Member of Parliament for Mayaro, Rushton Paray said.
Paray said it appears Mayaro may have been the hardest hit of all the constitutiencies in Trinidad, with reports of widespread flooding, fallen trees, and roofs blown off houses.
The effects of the storm saw the island, particularly its south east corner, pounded by heavy rains and gusty winds for almost four hours.
Said Paray: “Reports from 6 am were that the Ortoire river is right up to the banks. I suspect that by the time the back end of the storm ravages through in the next few hours that the bank will overflow. We have teams out on the field as there are numerous reports of flooding across Rio Claro.”
Police reports out of Rio Claro during the passage of the storm indicated the area was inundated with rain, with severe flooding in some areas. A family was evacuated by police at midnight on Monday following heavy winds taking the roof off the house, with four adults and two children given shelter at the Rio Claro Police Station.
Said Paray: “Between 10 pm and 2 pm the constituency took a heavy beating, with high winds, constant rains. We are still having rains this morning. We lost electricity. We lost about 12 roofs across the constituency.”
There were no reports of people seeking refuge at the designated shelters, Paray said, adding he believed people sought shelter at the homes of families and friends.
The areas hardest hit in the Mayaro constituency were Cunapo Southern Main Road, Navet, Poole, Dades Extension Road, Mile End Village and Tabaquite Road.
Meanwhile, the walls of the Nazareth House, a missionary home, located at Marryat Street, Upper Hillside in San Fernando collapsed in the aftermath of the storm.
Core member at the Catholic missionary, Emris Chung, said that flood waters on the road caused both the front and back walls to collapse at 4 am Tuesday morning.
“A guy who lives there said he got up round 4 a.m. and saw the whole place like a river. The back wall collapsed first and with the pressure of the water the front wall collapsed too,” Chung said.
She added: “The wall has proper foundation. But it was just that the pressure of the water cause the wall to crack and break.”
In a statement last week, the manufacturers said they noted the Central Bank's comments as reported in the media last week where Central Bank Governor Dr Alvin Hilaire said the bank has not been directing commercial banks to give foreign exchange to specific companies.
"We don't have exchange controls. We don't direct or tell the banks to give it to A, B or C company," Hilaire said.
He added: "What we say is prioritise your trade transactions, and we've been doing that for a number of years, as well as your over-the-counter customers. It is certainly not a direction for a specific company or a specific activity."
The TTMA responded, saying: "Foreign exchange for raw material continues to be a significant challenge to our sector as manufacturers attempt to heed the call to be forex earners for the country."
It continued to communicate with the Ministry of Finance on the issue in order to derive a workable solution for all parties.
"The TTMA is cognisant of the fact that any measure must be stringently policed and managed with the utmost transparency. Nevertheless, our membership continues to face extreme hardship in accessing the necessary foreign currency in order to operate, As such, we will continue to steadfastly pursue a solution which not only will withstand scrutiny but will also ensure the survival of our industry and the sustainable benefits it brings to our nation's economy and citizens," it said.
