Port-of-Spain – Two of the ten men charged with the murder of well-known attorney Dana Seetahal are asking for the magistrate presiding over proceedings to step down from the case. The application for Senior Magistrate Indrani Cedeno to recuse herself on the ground of apparent bias was made by attorney Criston J Williams, who is representing alleged gang leader Rajaee Ali and Earl Richards.
It is being claimed that Cedeno failed to immediately disclose to the defence that had she had communicated with the prosecution on two occasions in November and May, on alleged threats made. Williams said based on what has taken place, it is clear this magistrate must step down.
According to the application, the threats were received by the prosecution, who relayed it to her via WhatsApp messages. Acting on the information received, the magistrate was said to have increased her security.
Two in-chamber hearings were held in June and it was only then that the defence became aware of the communication between the prosecution and the magistrate.
At the first in-chamber hearing, Cedeno asked if the issue of bias arose and at the second, the prosecution indicated that the Director of Public Prosecutions did not think the issue of bias arose and the State was ready to proceed with the inquiry.
In his application, Williams alleged the magistrate failed on her own volition to tell the defence of the communication between herself and the prosecution or disclose the WhatsApp messages. He said the defence is entitled to know why. He also said the prosecution failed to immediately disclose the communication and only did so seven months after it happened.
He also submitted that in light of the history of the case, a fair-minded and informed observer might think that the magistrate was biased and favoured the prosecution unfairly.
Williams said it was the purpose of the court to maintain the highest standard of judicial conduct so the decision it arrived at was not tantamount to an affront on the fair minded and reasonable observer’s opinion of integrity of the judicial process.

Port-of-Spain – The doctor recorded delivering a racist rant against a patient and her colleagues while at the Port-of-Spain General Hospital has lost her job.
Last week the Health Ministry confirmed Dr Dhelia Gabriel’s services were terminated following an investigation into her behaviour. The ministry said after careful consideration of all the relevant facts, and the terms of the internship agreement, the services of Dr Dhelia Gabriel were terminated from July 6.
Gabriel was a medical intern assigned to the hospital. She was suspended after a video of her tirade went viral on social media. Another video was also circulated showing Gabriel dancing and gyrating in front of the Tunapuna Magistrates’ Court in 2016.
Several of Gabriel’s colleagues said it was not the first time Gabriel had acted in an erratic, aggressive manner after her rant came to the attention of the media.
Contacted by the media following the ministry’s action, Gabriel said if the ministry felt firing her was the best resolution, then she accepted it.
Asked about her future plans, Gabriel said, “I have nothing else to do because I have been banned right around. Without the opportunity to acquire a medical licence to work in the nation, I don't have a secure career any more.” She was looking to journalism as her next best option, and planned to seek a job in the media. She was a “good writer”, she said.
Gabriel also apologised again to whoever may have been offended by her racist rants. However, she insisted her statements were not directed towards any particular ethnic group in Trinidad and Tobago.
“I noted the term ‘coolie’ and a lot of people took the definition of ‘coolie’ and no one in this country fits that definition, so nobody could take offence in the first place, whether it came from a doctor or anybody else. If you don't consider yourself a ‘coolie’ then nobody should take offence. But I apologise to whoever was offended,” she said.
Meanwhile, religious leader Pundit Satyanand Maharaj has questioned the confidentiality clause, including whether Gabriel received a financial settlement before her termination.
“The racist rant of the doctor has resulted in her been fired, but her terms are confidential? Why does this remain confidential? How much money was paid to this employee during the time she was not doing her job? Was she given a settlement? Taxpayers deserve an explanation,” Maharaj said.
He also wondered whether the investigation had revealed other examples of misconduct, and why the ministry had waited before taking action against the intern.
Gabriel’s firing was a “direct result of the public outcry against a social media posting that many considered deeply racist and offensive” Maharaj said, adding, “It is now unacceptable that having investigated the issue that the Ministry of Health refuses to reveal the terms of the termination. The Rowley Administration is not only being defined by incompetence, but also a lack of transparency.”

Port-of-Spain – In a move to keep school kids and parents safe, the Ministry of National Security Expect has increased patrols using the Trinidad and Tobago Police Service, along with joint exercises with the Defence Force, at popular gathering spots over the July and August holidays. Among these high traffic spots are shopping malls and the Chaguaramas Boardwalk.
“We want to create a sense of safety and security,” National Security Minister Edmund Dillon said last week. He noted the fear of crime is worse than crime itself, and so the TTPS and the TTDF will become more visible to give people that sense of security. Along with this move, the plan is to increase patrols with speed guns and breathalysers, as well as focused and general operations.
Acting Police Commissioner Stephen Williams noted there was a renewed call to all heads of divisions to use all the resources available to protect the communities where they operate.
This response appears to be an attempt to reassure the public following a brazen shooting on the Chaguaramas Boardwalk earlier this month that saw three people killed and three injured.
Dillon said National Security teams met last week to discuss the July/August plan, and felt the need to give a sense of safety and security. Williams said this move had nothing to do with a crime plan. It was a matter of demand and supply.
“Based on the law, and I speak here for police officers, they have a strict work week. When you have demands, higher demand based on the circumstances that take place in society, it requires going beyond. There is this situation that confronts you at different points at the year: there is a higher demand because parents are sending out their children and want them to be safe. So, the police have to provide this service to protect and serve with pride and we seek to do that and that’s the reason why. When there are demand for addition service there must be additional resources,” he said.
Meanwhile, Prime Minister Keith Rowley said last week the government had not lost the fight against crime.
“The fight against crime is a fight that we have to remain engaged because our very lives are involved. Nobody in this country is immune to the reckless behaviour of some citizens, many of whom behave like this because they have chosen crime as a way of life,” he said.
Additionally, “We will redouble our efforts with respect to national security and national safety issues. We are not going to concede that those who behave like this and endanger the population, are to be left unattended.”
Referring to the shootings on the Chaguaramas boardwalk, Rowley said there were “cold-blooded killers” roaming among the population. It was an “outrageous aspect of behaviour” from those people who chose to live a life of crime, and reiterated “all the resources available” will be used in the fight against crime.
This includes more training of law-enforcement personnel, investing in better equipment and bringing national-security assets back into operation.

Port-of-Spain – Head of the Trinidad and Tobago Police Service Corporate Communications Ellen Lewis last week denied police paid special attention to recovering the stolen cellphone of the son of Finance Minister, Colm Imbert.
Lewis made the position clear following the recent public outcry the police had shown apparent bias in recovering the stolen phone, since its owner was the son of a high profile government minister.
Last week the swift recovery of the cellphone by officers led to a furore on social media over the efficiency of the police in the case, with some claiming the enforcement of the law, and justice, was selective and favoured the elite.
On July 6, Adrian Imbert, 25, was robbed in Laventille after his Hilux pickup stalled. Two men pretending to be mechanics offered to assist, but later relieved him of his (TT) $5,000 cellphone and wallet.
According to the reports, agents from two elite units of the TTPS began investigations surrounding the hold-up. Senior officers also alerted detectives from Cyber Crime Unit in order to track the stolen cellphone. Then last Monday, police locked down several parts of Beetham Gardens and executed a search warrant at a house. The stolen cellphone was found, but no arrests were made.
Right away members of the public began commenting on how swiftly the officers had acted, saying this was so since it was a minister’s son involved.
“The TTPS has been making enormous strides with respect to its detection rate, as reflected in the successful closure of cases and the recovery of items reported stolen,” Lewis said in response. She insisted the police has had particular success with reports involving electronic devices as laptops and cellular phones.
She noted the Imbert incident occurred in the Port-of-Spain Division and the Cyber Crime Unit would have requested assistance in tracing any device or crime using technology.
She also responded to the public furore over the police’s quick recovery of the phone, saying: “I can say with certainty there was no special interest paid to this matter. None whatsoever. There are real examples of police successes where the use of technology was involved in solving crime… whether it be stolen computers, laptops, tablets and cell phones. We treat impartially and objectively with reports that come in relative to crimes that were committed.”
Lewis said it was common knowledge the police, in the conduct of anti-crime exercises, would recover large quantities of cell phones from time-to-time.
“And our divisions would call on the public to identify and collect them. That is a fact,” Lewis claimed. She also noted mobile devices are also recovered when a suspect is known to the victim. “Therefore, the police is easily able to retrieve the items that have been stolen,” she said.
Also responding to the growing public outrage, another government official told the media the commentary was being fuelled by “fake news”. There is no “elite unit” in the Police Service that was deployed to track down the phone, the official claimed.
“There was in fact a working CCTV (closed-circuit television) camera at the site of the robbery which aided the police in their investigation,” the official said.
However, public outrage was unrelenting, with many on social media criticising the alacrity by the police.
One person wrote on Facebook: “But a $5,000 phone was more important and to hell with the masses right?” Another wrote, “This is PNM justice for you. We found the phone we solved the crime 6 shot 3 dead, way to go pm.” Said another: “It's ok, folks! The 2 special teams found Imbert's traumatised son's $5,000 phone, so all's well & good + crime is down! Not like these people are traumatised or anything!” Another noted: “Well done, TTPS! This was a test to see if you all could actually do your job. We are now expecting the rate of detection to increase, you've done us proud.”
Other social media users composed memes that mocked the incident, with one saying: “Thailand we rescued 12 kids. Trinidad we rescued a phone.” Several of memes were shared on the page of Opposition members and activists.
Opposition Chief Whip David Lee posted: “Imagine that.... I'm seeing in today's papers that Police locked down certain parts of Beetham Gardens... Search warrants in hand... all in an effort to find the cell phone of a Minister's son…
The Assistant Commissioner Hackshaw then responds that these actions were ‘the new and improved brand of policing’.... Hundreds of citizens have been murdered, have their murderers been chased and hunted like this? Have the individuals who shot three men on the boardwalk been chased and apprehended with this same urgency and commitment? How come our citizens are not exposed to this new brand of policing? It seems that government can fight crime and deal with criminal elements when they want... What are your thoughts?”
However, former Minister of National Security Carl Alfonso saw nothing wrong with recovery. Alphonso said if he was still National Security Minister, he would have taken a personal interest in the matter, and would have also engaged the acting Police Commissioner Stephen Williams to use state of the art technology and intelligence gathering from all police units to recover the stolen phone.
“This is normal practice. There is nothing wrong with it. I believe the police would do it for any member of the public because that is their job and people should also remember that Minister Imbert’s son is a citizen of this country, and he should be treated like any other victim of crime.”
Alphonso noted: “People are reading it the wrong way and they should look at the flip side that if the perpetrators are found and brought to justice, that would mean two miscreants being treated by the heavy hand of the law and are made to pay for their crime.”

Port-of-Spain – The legalisation of marijuana in Trinidad and Tobago will not be legalised any time soon as the issue is not a priority, Prime Minister Dr Keith Rowley said last week.
However, Nazma Muller, leader of the Caribbean Collective for Justice, disagrees with this position. She has been advocating for a Caricom-wide marijuana and hemp industry.
Last week Muller said Rowley must follow the recommendations of the Caricom Marijuana Commission, which presented its report earlier this month at the Caricom Heads of Government meeting in Montego Bay, Jamaica.
The commission recommended Caricom territories move to legalise or decriminalise marijuana, which it said could lead to substantial economic benefits.
Despite the CMC’s recommendation, Rowley dismissed any idea of a legal marijuana industry in Trinidad and Tobago in the near future, saying his government is not convinced of the benefits.
“The jury is still out on the science on this and therefore we will be guided as it evolves,” he said.
He added: “But at the moment, we will not be running any advocacy for decriminalising marijuana or incorporating marijuana into our economic space because we have some other priorities, and we are also not yet convinced that there is the benefit that some people are asking us to grasp.”
Last week Muller attempted to deliver the petition to Rowley, but was turned away by security. She claims to have collected over 10,000 signatures calling for marijuana legalisation.
Muller argued marijuana is a major revenue earner for criminal gangs and corrupt officials, and a key motive for most killings in hot spots, and should be a priority for the government.
She said experts have declared cannabis to be less harmful than alcohol and cigarettes, and to have potent medicinal benefits.
“Rowley is blatantly ignoring the global movement to reform cannabis laws, and the immense economic benefits being derived in 30 US states and the dozen or so other countries that have legalised cannabis,” she said.
Additionally, “We wish to point out that Dr Rowley's expertise is in the field of volcanology – not pharmacology, biology, chemistry, law, psychiatry, social work, or criminology. Ten experts from all of these fields were brought together to form the Caricom Marijuana Commission. They were flown and accommodated at great expense – paid by the taxpayers – to nine member states to hold consultations with the people. Rowley refused to allow the Commission to hold its consultation in Trinidad and Tobago. So the people of Trinidad and Tobago were not allowed a say in this matter.”
Muller noted the medical benefits of marijuana should indeed be considered a priority.
“The law already exists for the Minister of Health to issue permits to all those in need of cannabis for medical reasons. The CCJ once again implores Minister of Health Terrence Deyalsingh to have mercy on those with medical conditions that could be helped or cured with cannabis – such as cancer, childhood epilepsy, chronic pain and digestive disorders – as proven by numerous clinical trials and documentaries,” she said.

Port-of-Spain – Youth Training and Employment Partnership Programme last week fired its CEO Nigel Forgenie with immediate effect. Communications Minister Stuart Young made the announcement.
Forgenie was fired after he revealed to members of the Public Accounts Enterprises Committee at a public hearing on July 4 that his wife was hired at YTEPP. Earlier in the hearing, Forgenie said none of his relatives ever worked at the organisation.
Young said the public would have witnessed “some very disconcerting and disturbing evidence before a joint select committee of Parliament”. This occurred when Forgenie was being cross-examined by members of the PAEC. “The CEO stood accused of certain behaviour which is unbecoming of that office.”
Young noted: “In particular, there were allegations of dishonesty and untruths being told.”
Additionally: “I am announcing… that we have received notification [on July 12] the board of YTEPP has issued a termination letter to Mr Nigel Forgenie.”
Young said the decision taken by YTEPP’s board of directors was based on recent discussions and responses which Forgenie gave during a public hearing held by the PAEC on July 4. A meeting was held by YTEPP’s board on July 5 with Forgenie to discuss his statements to the PAEC. Young said, the board had reviewed his responses at both meetings on July 4 and 5.
Forgenie was given an opportunity to be heard and defend his performance. However, “After deliberating on the matter, the board has today issued a letter where it has been decided and indicated its decision, that it can no longer continue to repose any confidence in Mr Forgenie as CEO,” Young said.
Young added, as a consequence, “[Forgenie’s] employment with the company has been terminated with immediate effect”.
Forgenie was YTEPP CEO for the last 12 years. When the PAEC held its public hearing with YTEPP officials on July 4, Independent Senator David Small repeatedly asked Forgenie if any of his relatives was ever employed at the company. Forgenie denied this ever happened.
However, in response to subsequent questions from Labour Minister Jennifer Baptiste-Primus, Forgenie admitted his wife was employed at YTEPP under her maiden name. Small later expressed concern there could be other YTEPP employees with relatives working at the company.
Forgenie was also grilled about the use of an unmarked Prado SUV. Laventille West MP Fitzgerald Hinds told Forgenie government ministers were not allowed such a perk. Referring to a Cabinet directive taken shortly after the PNM assumed office in September 2015, Hinds declared: “We cannot, and do not take state vehicles for our personal use outside of work hours.” Additionally, “That’s why we get transport allowance, loan facilities for vehicles.”
In response to Hinds, Forgenie said he alone uses the SUV outside of working hours. He said YTEPP pays the gas bill and he does not use a transport allowance. “I pay a benefit in kind of $3,000 per month to use the vehicle,” Forgenie said. He was also questioned about expenditure at YTEPP under his watch.