Trinidad & Tobago
Freedom of expression concerns
Port-of-Spain – Celebrations of Trinidad and Tobago’s 57th Independence anniversary on August 31 was punctuated with concern over restrictions to freedom of expression arising from different quarters, and was most notable when Opposition Leader, Kamla Persad-Bissessar used her message to the nation to raise the troubling issue.
In her anniversary note, Persad-Bissessar said it was the greatest irony that on the celebratory occasion the government had issued a sedition charge to torment a political opponent. She was referring to the charge laid against Public Services Association president Watson Duke, late last month.
Said Persad-Bissessar: “In the years leading up to this day in 1962, we aspired, as a nation, towards the freedom to chart our own course. We aspired to throw off the chains of colonial servitude and oppression and build a democratic society to benefit all people. Therefore, it is the greatest irony that on the occasion of our 57th Independence anniversary that our own government is doing the same as our colonial oppressors by using the archaic charge of sedition to torment a political opponent.”
Additionally, “Today… it is critical that we ask ourselves, ‘What have we allowed our society to become? Have we thrown off the shackles of colonial tyranny and now allowed ourselves to again find our country under similar governance?’”
She also expressed concern whether news editors, journalists, unionists, religious leaders, civil society leaders, concerned citizens, political commentators, and non-government politicians were “now being tacitly intimidated by the recent resurrection of the sedition laws?”
She also wondered what parameters, and criteria, were used by the government “to determine what is free speech, and what is seditious”.
In his response to the growing tide of concern, and the calls for the government to revisit the colonial-era sedition legislation, Prime Minister Dr Keith Rowley deflected the issue, saying the age of the Sedition Act was not the problem. Instead, he questioned whether other old laws should also be thrown out. His remarkable position on such a troubling issue was that the laws of the country must be upheld without favour.
Said Rowley: “Those of us who have taken an oath of office, whether we serve in the Cabinet, the Police Service, or the military, that oath of office requires us to observe and carry out the laws of Trinidad and Tobago. Not selectively; not preferentially, but as (they exist) on the books. But this is Trinidad and Tobago. And the biggest conversation in Trinidad and Tobago today is how old the Sedition Act is, and it is time to get rid of it.”
Most of Trinidad and Tobago’s laws are “old”, Rowley asserted.
Additionally, “If that is how we approach it, let’s get rid of the Trespass Act. That is kind of old, too. Let’s get rid of the act that says murder is a crime... It’s not about how old the act is. It’s not about colonial origin, like most of our laws are. It is what exactly is the law meant to deal with, and is dealing with.”
Rowley said he did not want to get involved in the proceedings, as that was the remit of the court. However, he questioned if people should be free to make inflammatory statements under the guise of free speech.
“I want to ask this: ‘Is it the act itself that is the problem? Or is it a right for a citizen, head of one sector of the country, to make disparaging, hurtful, and damaging statements on another sector, and say it is my right and free will to say so? And is it my right to say that if I lose my job, the end result will be X, Y, or Z?’”
Along with Persad-Bissessar, among others, the Media Association of Trinidad and Tobago also joined the voices critical of the archaic act, and its deployment to charge Duke with sedition.
MATT said the 99-year-old act was a threat to freedom of expression, and had the potential to criminalise journalists. The group called for the act to be reviewed and repealed.
MATT said it considered “the recent re-mobilisation of selected provisions of the 99-year-old Sedition Act incompatible with citizens’ constitutional right to freedom of expression”.
Additionally, “The 1920 law imposes restrictions on citizens’ exercise of free speech that are so low and sweeping in an independent, 21st century democracy as to render all citizens vulnerable to criminal charges.”
The group also noted the act permits the “suspension of newspapers containing seditious matter”; it was also further applicable “to all written and printed material”.
MATT noted the act, in its archaic form, could not only criminalise journalists, but public interest activists, trade unionists, artists, bloggers, and assorted social media commentators.
Shandra Callender-Elder broke down in tears while lamenting to Regrello during an impromptu visit at City Hall last Thursday. She related how her husband, Steave Elder, died while waiting in the A&E department for hours and not being attended to by a doctor. Both Elders are staunch supporters of the PNM and worked together with Regrello during his election campaign.
Begging Regrello for justice, Callender-Elder said her husband would still be alive if he had received treatment in time. She recalled the wait for four hours and begging for care while her husband lay dying in the A&E department.
As loyal members of the PNM, both Callender-Elder and her husband had worked together to help Regrello campaign during the last elections. A tearful Callender-Elder lamented not one member of the PNM executive had come to visit her during the nine days of wake following the death of her husband.
“It’s really hurting me. I know you know us well, and I was sure that you did not know what happened because you are a good man who cares about San Fernando,” Callender-Elder told a rapt Regrello.
Recalling the additional trauma at the San Fernando hospital, the distraught widow said she could still hear her husband crying out for help in the moments leading up to his death.
Said Callender-Elder: “Not one doctor or nurse came to his aid. He was there crying and begging for a pain killer. They kept saying the doctor was busy and could not come to see him.”
Her husband was 70, and the cause of his death was a ruptured aorta. Callender-Elder said she was still encountering difficulty in acquiring the medical notes about her husband’s death. Even though Elder suffered from diabetes and hypertension, Callender-Elder said he was not being treated for a heart condition.
“I have requested [the medical notes], but I have not received it. I have already spoken to a lawyer. I am not leaving this just so. That doctor who refused to administer care to my husband must be removed and must never be allowed to practice again,” she said.
Reaching out with a comforting pat on the back, Regrello told Callender-Elder he will speak to Health Minister Terrence Deyalsingh, and San Fernando MP Faris Al-Rawi.
Said Regrello: “This has to be dealt with. I will take it up with the authorities. I saw it in the paper, but I did not know it was him. I know her and her husband well. I am in shock right now.”
Regrello recalled during his tenure as a Member of Parliament how hard the couple worked during his campaign in the Embaccadere, southern region.
“You hear so many negative stories coming out of San Fernando General Hospital. We have to raise the questions with the management, board, and the CEO,” Regrello said.
He agreed something was wrong if the hospital had a shortage while scores of qualified doctors await jobs.
“We have to get the facts, and if there are inadequacies in the system, it must be rectified. Today it could [Elder], and tomorrow it will be someone else. Justice has to be done. This is extremely sad, and I will call the Minister of Health... I will raise this with [Attorney General Al-Rawi] as well,” Regrello said.
Director of Health at the SWRHA Dr Albert Persaud said the matter was being investigated after being contacted by the local media.
Persad-Bissessar
Persad-Bissessar was speaking to supporters at a UNC forum in south Trinidad when she asserted Prime Minister Keith Rowley’s attack on public servants was an indication that he was setting the stage to put public service employees on the breadline. She called on Rowley to come clean and say whether he intends to fire public servants.
Said Persad-Bissessar: “Every time this man opens his mouth, he has nothing good to say about anyone or anything. Every time he speaks, he blames someone else.”
Pointing out there are good, bad and indifferent in every group, Persad-Bissessar said, “You cannot take a brush and paint everyone as lazy – 80,000 citizens. I am thinking, why would he do that? Why would he suddenly come and talk about whether public servants lazy or not lazy? Why would that suddenly pop out of nowhere? Mouth open, ’tory jump out. You know what it is?”
She added: “[The government does not] have the money because they have done nothing to create revenue. They can’t pay public servants, so he’s setting the stage to say, ‘Look they only making noise wen time to get pay.’ Is it that they intend to fire public servants?”
At the event a video recording was played with Rowley saying the government had no intention of shutting down Petrotrin.
Said Persad-Bissessar: “You heard him, out of his own mouth, saying government had no intention of closing down Petrotrin – and within days that is exactly what happened.”
She said the Rowley government had plunged the country into an economic state of emergency while linking it to the closure of Petrotrin.
“We used to get foreign exchange from Petrotrin. Forex has dried up tremendously because we have created nothing else to earn more revenue, or new revenue. What I see, and predict very shortly with Petrotrin, is that we are going to get fuel shortage at the gas stations,” Persad-Bissessar said.
She added: “It is already happening… Remember, we have to buy it. We are no longer producing it. We have to buy fuel to put in the pumps. I call upon the government to tell us what the situation is with funding to pay for diesel and premium gas and other fuels we now have to import.”
Archie urged drivers not to take unnecessary risks while on the roads, to drive cautiously, and obey traffic rules and regulations.
Said Archie: “Drivers are reminded that the consequences of irresponsible road use, can result in death or serious injuries to themselves, their passengers and other road users.”
In a serious accident last week, Janine Carr Weekes was killed when her vehicle crashed into a light pole along the Churchill Roosevelt Highway in Trincity.
According to statistics revealed by Archie so far this year 16,435 speeding tickets have been issued, while 1,589 drivers were arrested for driving under the influence. A total of 42,710 tickets have been issued for various traffic violations.
President of Arrive Alive, Sharon Inglefield, also noted the importance of road safety education, and called on road users to educate themselves, and to obtain driver training.
Inglefield also noted the need for a “focus on the deficiencies of our road network that lead to severe injuries”, while calling for the implementation and use of international road standards.
“Too many collisions are preventable, and the demerit point system will aid as a deterrent for reckless drivers,” she said.
McDonald was charged on August 12 with, among other charges, misbehaviour in public office, and was granted bail amounting to (TT) $2 million. She was stripped of her position as PNM deputy political leader on August 13 by Prime Minister Keith Rowley.
She appeared unperturbed by her latest setback, telling the media last week, “I do not roll over easily. That has been my mantra.” At the same time, McDonald was also thankful to constituents and nationals “for their outpouring of support during the one-week setback”, and for sticking with her during her tribulations with the law.
It appeared business as usual for McDonald, who also indicated plans to take about 300 care-bags to her constituents in Woodbrook and St James at the end of this month.
“I never left the job,” McDonald said, despite the accusations and legal clouds now hanging over her head. She added: “In due course, all will be revealed.”
Also, “I am getting stronger. I am getting quite well. I think people would appreciate my right to privacy.” She spent a few days warded at the St Clair Medical Hospital after falling ill while in police custody. Charges against her were read in absentia.
Also charged with McDonald was her husband, Michael Carew, who is now out of jail on $500,000 bail. Edgar Zephyrine, former head of the National Commission for Self Help, was charged as well, and granted $1 million bail. Contractor Wayne Anthony was granted $100,000 bail. Another contractor, Victor McEachrane, was charged and granted $400,000 bail.
All five were charged with offences of conspiracy to defraud the government and with money laundering. Additionally, McDonald was charged with misbehaviour in public office. The total of 49 charges were read by Chief Magistrate Maria Busby Earle-Caddle, with the matters adjourned to September 9.
McDonald’s political history has constantly been touched with questions about her conduct, with her recent removal as public administration minister coming in the wake of two previous firings from ministerial appointments.
In March 2016, she was fired as housing minister after questions were raised about her conduct. Also, it was alleged in 2008, as community development minister, she arranged for her husband, Carew to be receive an HDC house in Fidelis Heights, St Augustine.
Questions were also raised about donations of $375,000 and $200,000 from her ministry to the Calabar Foundation during her tenure as head of that ministry. Her husband was said to be a Calabar director at the time.
In December 2013 the Integrity Commission exonerated McDonald on the Calabar Foundation issue. However, both concerns were raised again in 2015, when she became housing minister.
On July 2, 2017, Rowley fired McDonald as public utilities minister. Her dismissal came as a result of a putative community leader, Cedric Burke, attending her swearing-in at the Office of the President in St Ann’s.
Last week McDonald did not speak directly on her present predicament, saying, “… I can’t speak about it – it is sub judice – that I am on a charge of money laundering. At one time money laundering would have been associated with drugs and guns, but now it has been extended to [non-governmental organisations] donating money to MPs, and so on.”
McDonald said she has a history of raising funds for community activities.
“About ten years ago I did about three ‘Panexplosion’ activities at All Stars panyard, and you have to pay each band for performing. Everyone knows I am the biggest beggar in Port-of-Spain, and one of those persons who donated $14,000 has been called into question.”
However, it remains business as usual despite McDonald’s change of circumstances. Saying it was always a pleasure to serve her constituents in Port-of-Spain, she added: “I will continue to serve my constituency as I see fit.”
According to Ramdial, the families remain in mourning over the loss of their loved ones. It is hoped nationals would continue rallying around the distressed families.
Ramdial said assistance has been forthcoming from kind-hearted individuals since the tragic murder of the seven fishermen. Using this help, she has purchased school supplies for the new school term for the young children of Anand Rampersad, one of the murdered fishermen.
The majority of the dead fishermen were sole breadwinners for their families. It has taken community support since their deaths for surviving members to purchase groceries and other life’s necessities, Ramdial said.
Ramdial said she has been working on finding a contractor to finish construction of the house that was being built by Jason ‘Trevor’ Baptiste, another of the dead fishermen. Baptiste lived with his ailing mother.
The bodies of Baptiste and Justin Kissoon were the only two fishermen not found following the gruesome murders that took place on July 22, after pirates attacked the fishing vessels and threw the men overboard. Four of the stolen engines were later found in Sea Lots in northern Trinidad.
Following the pirate attack, Rampersad, Shiva Ramdeo, Leslie de Boulet, Brandon Kissoon, and Hemraj Alex Sooknanan, all drowned; three of the fishermen survived.
Ramdial also indicated she has been working with the Minister of Social Development to access food cards and other grants to assist the grieving families.
service problems
In a Facebook post, Panday said there was no doubt the public is dissatisfied with the treatment received from some public servants when seeking services. It was time to examine “the root cause of this aggravating problem”, he said, noting to do so would mean facing “the facts truthfully and honestly, no matter how painful that exercise may be”.
Said Panday: “It appears that at the lower levels [in the public service], especially the ones who interface with the public, many appointments were made on the basis of political patronage as a complement of the dependency syndrome developed over the years. When appointments are made on this basis, the managers cannot manage. The present fear of dealing with this aggravating problem is the political consequences.”
Later, Panday followed up with the media, saying the problems with the public service can be fixed, but it would take political will.
“We have to start from the beginning. That is to say, what really has happened is during the reign of the PNM, even from the early days they introduced a system of what was called Special Works, and they began putting their people and cronies and so on, and they began paying people for doing no work,” Panday said. Consequently, youngsters did not have to train and educate themselves or acquire skills and a work ethic.
A “dependency syndrome” was created out of this practice, and was allowed to continue as long as there was money.
He added: “Now that there is no more money, or not as much money in the society, those who depended upon the syndrome can no longer live. So, some of them are returning to crime.”
Panday said resolutions lie in changing the education system so people can be trained to have skills that will allow them to survive. Public administration reform was also necessary, he added.
“Over the years, the PNM has bloated the public service by handing out patronage… The only way to cure that without pain is really to have public administration reform, and that means looking at the public service truthfully, honestly, without fear, and seeing where there are real genuine vacancies and transfer those who are doing nothing to actually working.”
He added: “We hear from day to day about the job shortages and yet there are people who could be trained to fit those jobs.” Panday said managers must be empowered in order to address the mentality of some that the public service is a place of slow and no work.
“The managers must manage. You see right now the managers cannot manage, because if the politicians give somebody a job by putting them in the public service, the manager cannot manage that person because the person will tell them quite plainly, ‘I didn't come here because of you. I came because of a politician’. Therefore, the manager cannot manage,” he said.
Panday said it was possible to see a renewed public service, but the politicising of it must cease.
“It is possible to change, but I do not think the present government, or the past, has the willingness to change because it will have political consequences. There is no political will at all,” he said.
