May 9, 2018 issue

Trinidad & Tobago

Probe ‘criminal’ lawyers

Law head calls for quick police action
Acting Attorney General Stuart Young

Port-of-Spain – Law Association of Trinidad and Tobago president Douglas Mendes SC on Saturday called on the police to take action “as soon as possible” if there is evidence that lawyers are engaged in criminal activities.
The call comes in the wake of an allegation made in Parliament last Friday by Acting Attorney General Stuart Young that there are lawyers who are “actually assisting their clients, it appears, in running their criminal empires”.
Mendes responded to Young, saying: “I would also say that I am fairly confident that the acting Attorney General would not have made the statement that he did unless he had seen such evidence, and if that is the case then even more reason the police should act as soon as possible.”
The Law Association issued a press release on Saturday, stating: “There is no place in the legal profession for anyone engaged in criminal activity of any kind.”

LATT president Douglas Mendes SC.
On Friday, in the House of Representatives, Young said: “I say it here without fear of contradiction that it appears as though there are some members, lawyers, members of the Law Association, who have been assisting their clients who are gang leaders and gang members in continuing the conduct of criminal gang activity.”
Young said as a member of the bar for over two decades, it saddened him to learn there were lawyers facilitating gang members in illegal activity, and who were participating in communications with clients in running criminal empires.
Mendes said he was unaware of any such activity being carried out by members of the Law Association, and was only made aware of Young’s statement when contacted by the media.
“... I will take it up with the Council of the Law Association and do what is necessary. If what the minister says that is true then obviously the Law Association will take it very seriously and will do the necessary investigation. If, of course, it is not true, then we will have to deal with it accordingly,” Mendes said.
He added: “If there is evidence that lawyers are engaged in criminal activities, then the police must take action and they ought to do that as soon as possible.”
Additionally, “And any member of the Law Association who is representing an alleged gang member will be performing his duties as an attorney-at-law in offering his services. So you can't, the public ought not to be concerned by the fact that an attorney-at-law is representing someone who is accused of an offence. That is what happens on a daily basis,' Young said.
Mendes said the legal profession was there “to support the rule of law”; also, “If there is evidence that lawyers are engaged in criminal activities then the police must take action and they ought to do that as soon as possible,” he said.
On Friday, Opposition MP and former health minister Dr Fuad Khan asked Young if he had any evidence “of what you've just said and if you do have evidence shouldn't it be given to the police?”
Young responded, saying, “The law enforcement officers are already aware of the type of activity … and it is not me reporting to them”.
He added: “And I call on our law enforcement officers who are monitoring this and do the necessary and bring them to justice and let us see these lawyers marching to court in their handcuffs one day.”
Mendes said he doubted Young was “referring simply to the fact that lawyers are representing persons who are accused of being gang members”.
Said Mendes: “I hope that he is referring to something other than that but as I said I don't know what he is referring to but it is a matter that I will have to take up with the Council of the Law Association.”
Following the revelations, Opposition Leader Kamla Persad-Bissessar called for evidence, which should be given to the police, rather than staining and defaming the character of attorneys.
“If he has personal knowledge and if he is a criminal attorney and has knowledge as a criminal attorney of what is happening then take it to the police,” Persad-Bissessar said.
She expressed scepticism over Young’s claim, saying, “I think it is another kind of statement that contradicts the democratic and judicial process and the role of lawyers in our country. If you know an attorney is doing that why don’t you lock him up? Why is it you keep bad-mouthing people and you doing nothing? If you know that someone is doing something wrong then report them to the police. To make these blanket statements is not right. It is not the first time Young did this, making these blanket statements and defaming people’s character.”
She said she was not a criminal lawyer, but there were many brilliant lawyers in Trinidad and Tobago, including Israel Khan and Ramesh Maharaj.
 
Crime detection rate up
Port-of-Spain – Statistics released last week by police have indicated an increasing crime detection rate. For the first four months of the year, the efforts of officers in the Port-of-Spain Division have seen an 86 percent increase in the crime detection rate, according to Inspector Randall McGuirk of the Port-of-Spain Division.
McGuirk said the division had recorded marked improvements in firearm seizures, as well as increases in detection for larceny of dwelling houses and fraud offences.
“There was also a negligible decline in the murder rate, with 22 reported in 2017 as opposed to 20 in 2018; and sexual offences, with 29 reported in 2017 as opposed to 27 in 2018. The Port of Spain Division also experienced a 32 per cent detection rate for serious crimes. With respect to firearm and ammunition possession, there were 28 detections made in 2018, compared to the same period in 2017 when there were 17 detections made, representing a 65 per cent increase,” he said.
Additionally, “In the case of shootings and woundings, there were 20 such reports in the current year as opposed to 23 in 2017. This represents a 13 percent decrease. Fraud offences reported in 2017 amounted to 33 such reports as compared to 17 for the same period in 2018. This translates into a reduction of 48 per cent.”
There was a 56 percent reduction in incidents of larceny of motor vehicles with four reports this year, compared to nine reports during the same period last year.
“Thus far, for the comparative period under review, there has been an 86 percent increase in the rate of detection for 2018 over 2017,” he said. He noted to date, there were 20,000 visitors to the capital city through cruise ship stops, and there were no reports of incidents thus far.
 
Apologise to acting CoP
Prof Ramesh Deosaran
Port-of-Spain – Former PSC chairman Prof Ramesh Deosaran has called for an apology to be made to Acting Police Commissioner Stephen Williams for his ongoing tenure in an acting position. Deosaran made the call during his address, ‘Challenges to Caribbean Police Commissioners: The Public, Criminals and Politicians’, at the 33rd Annual Conference of the Association of Caribbean Commissioners of Police in Jamaica.
“It’s a matter of principle. There should be no debate, as there has been, over whether an acting commissioner should perform as well as one with permanent appointment,” Deosaran said.
He said the authorities should be ashamed for giving Williams 12 acting appointments, described as a “Caribbean record-breaker”. He noted the practice would have had “troubling downstream consequences” as other senior officers also remained in acting positions for long periods.
“Such a situation in the Caribbean should never happen if a commissioner is expected to perform effectively and be held accountable. Especially when the region faces a frightful list of threatening, dangerous crimes,” he said.
Deosaran raised the question of the impact the continuous reappointments had on Williams.
He asked: “What does this say for public confidence in an acting commissioner, the self-confidence of the acting commissioner himself, and possibly his vulnerability to political pressures?”
However, he commended Williams for the respect he has shown, noting it was an embarrassing position for him not only locally but in the region.
“Yet, whatever his performance, acting commissioner Williams has walked the beat with his head held high, respectful to the political directorate, Parliament and the Police Service Commission. He has faced the jokes from the public and his Caricom peers with a smile, no doubt hiding his own embarrassment,” Deosaran said.
Williams has repeatedly applied for the full-time position of police commissioner ever since the Patrick Manning government rejected his nomination in Parliament in 2008.
However, he kept being reappointed by the PSC ever since Canadian Dwayne Gibbs resigned in 2012 as police commissioner under pressure from the public, within the service and from government circles although he had been approved by the Kamla Persad-Bissessar administration. Deosaran was chairman of the PSC from April 2011 to August 2014.
The selection of a CoP has been fraught with administrative challenges, and the recent nomination of Deodath Dulalchan led to the establishment of a Special Select Committee (SSC) of Parliament to review the process, after it emerged that Dulalchan, who had applied to be a deputy police commissioner was also interviewed by the PSC for the police commissioner post.
Williams had again applied to be police commissioner but was ranked third, behind Dulalchan and Harold Phillip, who was also interviewed for the post, although he had applied to be a deputy commissioner. Dulalchan and Phillip are currently acting deputy commissioners. Allegations were also made about Dulalchan’s acquisition of agricultural lands which has since been reviewed by the Agriculture Ministry questioning the approval granted by the Commissioner of State Lands.
 
UN team to probe refugee return
Attorney General Stuart Young
Port-of-Spain – A high-powered United Nations High Commission on Refugees team will be coming to Trinidad and Tobago to investigate claims that locally-based UN officials misrepresented last month’s repatriation of 82 Venezuelan nationals. While Trinidad and Tobago remains in forefront of global efforts to combat human trafficking, at this time government is not considering any moratorium on persons who are here illegally.
Last week acting Attorney General Stuart Young and Prime Minister Keith Rowley had a “vigorous and detailed” teleconference with UN Secretary General António Guterres at the Office of the Prime Minister in St Clair. Trinidad and Tobago’s Ambassador to the UN, Pennelope Beckles-Robinson, made a request on Rowley’s behalf to speak with Guterres. The Secretary-General was unaware of the issue, before he spoke with Rowley, Young said.
During his conversation with Rowley, Young said Guterres acknowledged Trinidad and Tobago has an excellent record with the UN in treating with all forms of migrants. Young noted Guterres said the over 40,000 Venezuelan nationals who are in Trinidad and Tobago have been treated by the government with “the highest level of respect and dignity”.
Young reiterated there is written and video evidence which proves the 82 Venezuelan nationals were repatriated voluntarily. He reminded reporters that Trinidad and Tobago has always been hospitable to people from other countries, “within the confines of the law”.
Young said Rowley demonstrated that on this issue Trinidad and Tobago did everything in accordance with its laws and was “aggrieved” that a UN official criticised the government instead of consulting it on the facts.
After saying Guterres has a decade of experience in treating with refugee and asylum issues, Young reported a UNHCR team will be sent from Geneva “to meet with the government to ensure that the right facts are put forward”. No date was given as to when the UNHCR team will arrive.
 
Two cops in ‘wild West’ gunfight
Port-of-Spain – A police sergeant involved in a shooting incident with a corporal at Grand Bazaar died on Sunday night. The officer engaged in a gun battle with his colleague over a woman last Wednesday evening, the shootout erupting at the Grand Bazaar and Shopping Mall car park, sending patrons running for cover.
Investigators retrieved 28 spent shells from the scene. Both shooters were treated for gunshot wounds. The sergeant was shot four times while the corporal was shot three times. One of the officers is assigned to the Couva police station while the other works in the Inter Agency Task Force.
The shooting occurred at 9.35 pm on Wednesday when one of the men and a woman, identified as a very close relative of the other, walked into the Ruby Tuesday Restaurant at the mall. As they were leaving the restaurant they were confronted by the officer who shouted, “You make me lose my house and my wife and I not taking this tonight!”
One of the officers drew Trinidad and Tobago Police Service- issued 9mm pistol and began firing at the other officer, who returned fire.
Two security guards from Telecom Security on duty pulled the screaming woman to safety. Two officers then chased through the car park while firing, causing onlookers to run for safety.
“I thought I was dreaming, this could not be happening right before my eyes,” an eyewitness said. “It was like a scene out of a Western movie, but what was uppermost in my mind was securing my life to make sure I wasn’t shot.”
An estate police officer contacted the police. When police arrived they found the two police officers bleeding on the ground, along with two 9mm pistols and two magazines with eight ‘live’ rounds. A magazine contained 14 bullets, leading police to believe the two officers emptied the 14 bullets during the duel, with one officer reloading his weapon.
The wounded policemen were rushed to the nearby hospital. Sources said as they lay side by side on stretchers in the hospital’s emergency department, one officer turned to the other and apologised for the shooting.
Later, the Police Service issued a press release confirming the incident and said the matter was being investigated.
 
New foreign exchange facility launched
Port-of-Spain – The Export and Import Bank of Trinidad and Tobago (Eximbank) is now officially an authorised distributor of foreign exchange to local manufacturers. The bank's forex (foreign exchange) facility was launched last week.
The facility, which will be capitalised initially with (US) $100 million from the country's foreign reserves, will fund the operations and import requirements of local manufacturers and exporters.
Speaking at the launch, Finance Minister Colm Imbert outlined in order to qualify for the funds at least 30 percent of the business's production should be for export.
“In the case of existing established manufacturers, to qualify, these companies must agree to repatriate a suitable amount of their foreign exchange earnings,” he said.
He noted start-up or fledgling manufacturers with lower levels of export production, but with a feasible export plan, will also be considered favourably.
“Additionally, I must stress that for those existing manufacturers who have expressed concern in not meeting the 30 percent export quota, I would like to assure you that the Eximbank will consider all applications and treat them on a case-by-case basis,” Imbert said.
He said as more manufacturers join the new export programme, the initial foreign exchange allocation will be reviewed and adjusted as necessary.
Imbert first announced the establishment of the Eximbank facility for manufacturers during his presentation of the 2018 budget in October last year.
The announcement of the establishment of the new foreign exchange window comes amid widespread complaints from manufacturers and other businesspeople about the difficulty in accessing foreign exchange to pay for imported inputs and raw materials.
President of the Trinidad and Tobago Manufacturers Association (TTMA), Christopher Alcazar was happy about the launch.
“The reason we have been pushing for this facility was really for the medium and small manufacturers who may not have a strong relationship with the banks and, in terms of the queue (for foreign exchange), they fall a little more behind. With this facility, they should be able to have access to the foreign exchange,” he said.
 
Property tax not retroactive
Port-of-Spain – Finance Minister Colm Imbert last week gave the assurance the government had no plans to make property tax retroactive for two years, removing what would have become a serious bone of contention.
The Minister said the plan is to collect the tax in the year it is implemented.
“The policy of this government is that property tax will only be applicable from the year in which the actual collection commences,” he said.
Imbert said he noted concerns expressed in the Senate about the possible retroactive application of property tax for two years and wished to make it clear that the government has no plan to do this.
“It is to be noted that the Property Tax Act Amendment Bill is still before the Senate and that the committee stage of the bill has not yet taken place and is scheduled for Friday May 11, 2018. Further, to date, the government has not yet circulated its proposed list of amendments to the bill for the consideration of the Senate, since the Ministry of Finance is in the process of reviewing the contributions made by all Honourable Senators in order to finalise the list of amendments,” he stated.
Additionally, “It is to be noted that it is the policy of the government that property tax will only be applicable from the year in which the actual collection commences.”
As the government continues with the necessary administrative work to put itself in a position to collect this tax, such as the ongoing valuation of properties, further extensions of the effective date of the collection of property tax will be required, Imbert said. At this time the waiver should be extended to December 31, 2019, and this adjustment will be made to the legislation at the committee stage next week, he added.
Imbert said what government is proposing in the bill before the Parliament is the extension of the waiver of the collection of property tax beyond December 31, 2015, which is the current law.
 
 
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