Over 20 people, including an 11-month-old baby, had to be ziplined across Pool 2 by members of the Fire Service at the Caura River, Tunapuna, last night, after they were stranded for over five hours when the river became swollen following heavy rains.

The group had been busy cooking and having a good time at the popular spot when the rains came and the river began to rise. Eventually, those gathered realised the water was too rough to cross and it was getting higher and called for help.

Just after 7 pm, a fire officer strapped the toddler, who was strapped in a car seat, onto himself and zip-lined across the water as his mother looked on awaiting him with an umbrella. As each person was taken across they were asked to identify themselves and given a brief check by one of the fire officials before leaving. Fire officials arrived to rescue the stranded people just after 2 pm the T&T Guardian was told.

Speaking the media after the rescue exercise last night, Shiraz Ali said of the five hours or so the Fire Service was there, three of them were spent assessing the danger.

But some of those rescued said the Fire Service had also wasted time by not listening to their suggestions on how to rescue them.

In fact, during the rescue effort, one man, who did not identify himself, chastised the officers and crossed on his own. He then encouraged others to do the same. At first his calls were unheeded, but as time went own at least ten of them, trapped as water as high as four feet raged along the river, decided to take a chance and cross. With gas tank and coolers in hand, they later made it across despite the best efforts of police and fire officials to convince them otherwise.

One man identified only as Errol later said: “We were further up the bank, we had to back up and find a place to cross. But I not sure if these officers know the river so. We was telling them they can’t send people to swim across because the rapids will carry them away. But they try it twice and the man almost wash away. The fire officers get vex with we because we telling them what to do. We are regulars, we know how the river is. But to them, them is professionals. We are not trained so we need to shut up and listen to them.”

Ali, who went to the river for a birthday lime for his wife, said more resources should be given to the Fire Service, noting they took three hours before the first person was rescued due to a lack of equipment and possible training. He said while he was thankful for the assistance, he too believed if the Fire Service had listened to some of the stranded limers the rescue mission may have ended hours earlier.

Matthew Ramsawak, who told the T&T Guardian he and a group totalling 12 came from San Fernando to have a time, said he and one of his cousins chanced the raging waters and swam across.

Some of the limers had to leave behind their pots filled with stewed pork, curried duck, curried chicken and goat, as well as coolers filled with drinks of varying spirits, as fire officers warned against them bringing anything with them.

The Caura River wasn’t the only one that overflowed its banks yesterday. The Maraval River also overflowed its banks, causing major flooding in the area, while the Saddle Road in Santa Cruz was for a time impassable due to water from swollen rivers crossing the roadway. As of 9 pm, the Saddle Road through Maraval, near the river, was deemed dangerous to pass and motorists were advised to proceed with caution or take alternative routes. There were also reports of landslides in San Juan and a tree fell and blocked the Maracas Road for some time until it was cleared.

The Office of the Director of Public Prosecutions yesterday gave instructions for a 36-year-old Point Fortin man to be charged with the murder of Kelly Ann Clarke.

The accused, of E Street, is expected to appear at the Point Fortin Magistrates Court today. He was charged by Cpl Forbes of the Region III Homicide Bureau.

Clarke, 23 of Warden Road, Point Fortin was found dead behind the Point Fortin Hardware along the Guapo/Cap-de-Ville Road on July 12. Around 1.30 pm that day, Point Fortin police responded to a report of a body seen between the hardware and another building. When they arrived, they found Clarke lying on the ground with blood covering her face. She wore only a white T-Shirt and the rest of her clothing were found nearby. An autopsy at the Forensic Science Centre, St James revealed that she had been repeatedly struck in the face with a blunt object.

Relative freed in death of Penal man The 27-year-old relative detained in connection with the death of Manza Samnath on Sunday has been released following post mortem results.

Samnath who died during a fight with the male relative outside their Bholai Trace, Quinam Road home in Penal died of a heart attack. The suspect was released on Monday night as the death has been ruled as natural.

A report stated that around 9.30 pm Sunday, Samnath, 38, was watching television in the living room when the relative came into the room and turned up the volume on the radio.

The two had an argument which turned violent. Witnesses told police that punches were thrown and Samnath fell to the ground. When officers and paramedics arrived, they found Samnath dead on the roadside.

West Indies player Denesh Ramdin called on all young players attending the Badree's Academy of Sport Education (BASE) cricket camp to make the best of the opportunities that are provided to them.

He made the remarks at Base prize-giving and awards function for the participants of its 10-month programme.

Launched in October 2016, BASE has been busy in its operation and mandate of providing a quality, fun, structured and most importantly affordable programme for both boys and girls ages 5 to 15. In his report, Chairman and founder of BASE, Samuel Badree recapped all the events that took place since the inception of BASE and the plans for what is to come. Of particular interest is the modernization of the facilities at Powergen Penal, home of BASE, which recently installed a camera system in its state of the art indoor centre to provide performance feedback to the children, to aid with their development. Badree was especially proud of how affordable the programme is for the children, a mere $100 per month for eight sessions of coaching and thanked the sponsors who made that possible. TECU and Powergen have partnered with BASE to ensure that youth development is at the forefront and are doing their part to ensure all children can have access to this programme. Badree also thanked all the parents for their commitment and urged them to continue to support and encourage their children in positive pursuits especially given what is happening in our country today. Ramdin reminded the participants to continue to work hard and follow their dreams. He recalled his early experiences in cricket and how difficult it was for him growing up. He encouraged the youngsters to make the most of the opportunities presented to them. Also addressing the large crowd of parents and children were Surendra Ramsingh, General Manager of Powergen, Ronald Jones, President of TECU and Dinanath Ramnarine, Chairman of SPORTT.

Honor Roll

STUDENTS NAME SPECIAL AWARD

Shania Somai Most Promising Player

Brandon Dabee Most Promising Player

Adrian Singh Most Promising Player

Kyle Mahadeo Most Disciplined Player

Justin Hospedales Most Disciplined Player

Gabriel Brown Most Disciplined Player

Vivek Jaggernauth Most Improved Player

Arun Harry Most Improved Player

Jayden Jagnanan Most Improved Player

Nicholas Chadia Most Improved Player

Samara Badree Spirit of BASE Female

Rajiv Balkaran Spirit of BASE Male

Anand Ramdial Spirit of BASE Male

Khirah Mohammed Best Fieldsman Female

Levi Ghanny Best Fieldsman Male

Roberto Badree Best Fieldsman Male

Rayad Khan Best Bowler Intermediate

Mickhel Sookdeo Best Bowler Intermediate

Jameel Sankar Best Bowler Advanced

Arianna Balkaran Best Bowler Female

Varun Roopnarine Best Batsman Intermediate

Sachin Butkoon Best Batsman Advanced

Darryl Lalchan Best Batsman Intermediate

Jaheem John SPED Champions

Mark Chance SPED Champions

Djenaba Joseph Franchise Team

Ashley Alexander Most Regular Child

We will pay back the taxpayers.

This was the assurance given by representative for CL Financial (CLF) shareholders Carlton Reis, moments after the Government last night lost its bid to appoint a pair of provisional liquidators to recoup the remaining $15 billion it spent to bail out the company’s cash-strapped subsidiary Clico since 2009.

Delivering an oral decision on the issue at the end of an intense and protracted hearing at the Hall of Justice, Port-of-Spain, which ended well past 9 pm, High Court Judge Kevin Ramcharan ruled that the move by the State was premature, as it was unable to adduce evidence over the propensity of the shareholders to dispose of the company’s assets in the event they regain control of the conglomerate’s board during a special general meeting carded for next Tuesday.

“In fact, the evidence suggests that they (the shareholders) are intent in repaying their creditors,” Ramcharan said.

Speaking briefly with reporters after the decision, Reis, who represents CLF majority shareholder Lawrence Duprey, said it was a major legal victory.

“We will form a team to negotiate with the Government to repay the taxpayers, which is what we always wanted to do. I don’t know why the Government went through all this stress about, but we always insisted we wanted to pay back the Government and we are going to do it,” Reis said.

Despite Ramcharan’s ruling, the Government still has a lifeline in recouping its investment through liquidation, as its winding up petition against the company is still to be determined. However, the process would be time consuming as the Government will have to adduce evidence to justify its bid and await Ramcharan’s eventual ruling and possible appeals, while the shareholders are in control of the company.

As part of his decision, Ramcharan gave his preliminary analysis of the possible success of the winding up petition.

“I would not say it is inevitable, because I may make another decision with the evidence before me. But right now that seems unlikely,” Ramcharan said.

The Government’s decision to file the application and the winding up petition was based on a move by the shareholders to regain control of the board.

As a condition of the bail-out, CLF’s shareholder’s agreement with the government had agreed to honour its subsidiary’s debt and allow government to select four members, including the chairman, to CLF’s seven-member board.

The agreement was renewed 17 times by the shareholders until they refused to agree to a further extension in February this year. The shareholders then made the move to change the composition based on Government’s refusal to consider a proposal for them to retake control of the company and renegotiate their debt repayment plan made in December last year.

At the meeting, scheduled for after the winding up petition comes up for hearing before Ramcharan on Tuesday, the shareholders are being asked to vote on whether Reis and Kirk Carpenter should be elected as additional members of the board. If successful, the shareholders would control majority interest with five members while the Government would remain with its original four board members.

In her submissions, head of the State’s legal team Deborah Peake, SC, denied the appointment would lead to a fire sale in which the company’s assets would be sold at undervalued prices. She said a provisional liquidator was different to a traditional liquidator, as the former was only empowered to ensure the company’s assets are not disposed of by its management whilst the winding up petition against the company is being determined.

“If anything is to be sold, it will be done with the court’s approval. The provisional liquidator would be breaching his duty if there is a fire sale,” Peake said.

In response, John Jeremie, SC, who led the team for the shareholders, who together have a over 60 per cent stake in the company, warned that the appointment was a “drastic intrusion” that may have irreparable consequences on the company.

“A liquidator is an undertaker. There is no life after a liquidator becomes involved. The company dies,” Jeremie said.

He noted that Government was able to recover almost one third of the approximate $23 billion it expended on the bail-out while it was in effective control of its board.

The shareholders are also being represented by Ramesh Lawrence Maharaj, SC, while Ravi Heffes-Doon appeared alongside Peake.

C&W Communications, the parent company of Flow and C&W Business, has offered voluntary separation of employment packages to scores of workers.

According to a statement issued yesterday, the company said it is currently implementing a transformation initiative “aimed at streamlining its operations and ensuring business viability in the medium to long terms.”

“Part of that programme involves the company offering a voluntary separation of employment to employees,” it added, without indicating the exact number of employees affected.

The initiative was announced to staff yesterday by Ian Serrao, managing director of Flow Trinidad. Serrao said they had to find ways to respond to the contracting economy, increased competition and to ensure viability of its business in the current environment.

“Earlier this year, the company embarked on a programme of cost reduction in an effort to save jobs, but has had to make the difficult decision of reducing head count,” Serrao said.

He added that the company would put all in place to support the employees who opt to transition out of the business.

“We remain prudent in the management of our business and will deal with our employees fairly and respectfully,” Serrao said.

Speaking with the T&T Guardian yesterday under strict anonymity, an employee said the move had “hit them hard like a lightening bolt.”

“We were very afraid that this day was coming and now we have to go home, but what will we do? We have our families to see about, our young children, mortgages to pay, loans to pay, medical bills and other daily expenses to keep up with, some of us are renting also. We have worked for ten years, some of us, and this what they offering is not fair enough,” the employee said.

The T&T Guardian understands that just over one month ago, the company’s situation and the possibility of lay-offs was discussed with employees at an emergency meeting held by Serrao.

“Mr Serrao spoke at length to maybe 1000 of us who were called to the meeting last minute. We were told then that this was the step that the company was taking and that it was joining forces with Liberty Global on its way forward,” a source close to the situation said.

Some workers were laid off following that meeting.

C&W is a full-service communications and entertainment provider and delivers market-leading video, broadband, telephony and mobile services to consumers in 18 countries. It also operates the most extensive state-of-the-art submarine fibre network in the region.

A 32-year-old pie vendor of Mustapha Lane, El Socorro, was denied bail yesterday when he appeared in court facing six charges including kidnapping a courier attached to the Chinese Embassy.

Quacy Bowen represented himself when he appeared before Senior Magistrate Nannette Forde-John charged with kidnapping Si Jiu Zhang on July 13 while armed with a gun and five other charges.

He also is accused of stealing from Zhang $1,350 and an iPhone. He is also accused of being in possession of a Glock 19 pistol and 16 rounds of ammunition. The other charges read claimed that on July 8, Bowen, while armed, took and unlawfully carried away Yizhao Duo and robbed him of his Honda City motorcar valued at $140,000.

Zhang was reportedly snatched while on is way to work at St Clair and rescued hours later near One Woodbrook Place, by police.

The charges were laid by Corporals Shurland George and Kevin Fenton of the Anti-Kidnapping Unit and Sean Bess of the Stolen Vehicle Squad.

Bowen told Forde-John that he was a man of limited funds needed his money to retain an attorney. He added that he was presumed innocent and therefore entitled to bail since the allegations are all bailable offences. Bowen requested that he be granted “reasonable bail”.

Forde-John denied bail on the basis that he had a pending matter from March last year where he is accused of assaulting someone with a weapon and now charged with other offences, using a deadlier weapon, and he also has a pending sexual offence matter.

The matter was adjourned to today after there was a discrepancy in a 2010 case where he is alleged to have stolen a vehicle. Bowen claims that he was ordered to pay a fine while the court records showed that the matter was pending.

Eight days after the semi-nude body of a woman was found near a drain in Point Fortin with her head bashed in, a mason has appeared in court for her murder.

Wesley Taylor, 37, appeared before Point Fortin Senior Magistrate Rajendra Rambachan who read the charge to him that he allegedly murdered Kellyann Shane, 23, on July 11 at Guapo Cap-de-Village Main Road, Point Fortin. Police had previously identified the victim as Shelly Ann Clarke.

The magistrate explained to him that murder is not a bailable offence. Shane, a mother of one, of Warden Road, Point Fortin, was found dead near a hardware with severe injuries to her head and face. She was only wearing a shirt.

A piece of wood found next to her body is believed to be the murder weapon. An autopsy revealed she was beaten to death. The police arrested Taylor, of Fanny Village, Point Fortin last Friday and received instructions from Deputy Director of Public Prosecutions Joan Honore-Paul on Tuesday to charge him.

He was subsequently charged by Cpl Stephen Forbes of the Homicide Bureau of Investigations 3. The accused was represented by attorney Sandra Soobransingh who held for attorney Alvin Pariagsingh.  

First Court prosecutor Sgt Sparkle Paul said a State attorney has not yet been assigned to the case.

The matter was adjourned to August 15.

Despite Opposition objections, Attorney General Faris Al-Rawi hasn’t thrown out the Summary Courts and Preliminary Inquiries legislation as possible solutions concerning the 53 incomplete cases left by former chief magistrate Marcia Ayers-Caesar.

That’s because amendments to the legislation could require only Government’s (simple majority) votes for passage in Parliament.

Al-Rawi detailed the scenario yesterday, confirming he’s now pressing ahead seeking feedback from the judiciary and Director of Public Prosecutions on draft amendments to both pieces of legislation. These will apply to general matters where a magistrate is absent for any reason.

The move follows Tuesday’s meeting between Prime Minister Dr Keith Rowley and Opposition Leader Kamla Persad-Bissessar, who discussed the two pieces of legislation as possible solutions to the 53 cases stalled after Ayers-Caesar’s elevation to the High Court. (See page A8)

The Opposition declined to support the legislative solutions which were taken to Rowley by the AG. They had emanated from the Director of Public Prosecutions. The Opposition felt use of the legislation would “create more problems,” including where the DPP’s intervention was concerned.

On the Opposition’s suggestion of using Section 137 to convene a tribunal, Rowley said he wasn’t going to advise himself on that and wouldn’t say more for “the moment.”

While Al-Rawi said Tuesday’s meeting was very fruitful and Government was grateful for sharing of Opposition views, he said it wasn’t necessarily that Opposition advice was an absolute requirement. He said the meeting’s agenda focused on several issues where a constitutional majority - and vote - was required for amendments - such as the Tobago issue, police commissioner’s appointment and the operation of service commissions.

“Such pieces of legislation require a three quarters majority vote in the House of Representatives and two thirds vote in the Senate. But discussion on the Judicial and Legal Services issue (Ayers-Caesar cases) doesn’t involve special majority bills,” Al-Rawi said yesterday.

“It’s in fact a simple majority approach. (So) the Opposition’s view wasn’t conclusion of the matter. Very often they disagree on a position and we still proceed.”

Al-Rawi said the Opposition reportedly focused on appointment of a tribunal via Section 137 (of the Constitution), “but most respectfully, the two issues can be separated. Government is proposing and receiving advice about treating with the general circumstances of people who find themselves in a position where a matter cannot continue to be heard - therefore we propose these amendments to the Summary Courts and Preliminary Inquiries acts.”

He added: “I’ve been in communication with the DPP’s office and office of the Chief Justice for the last few months on this. Obviously, care is required in observing the separation of powers and DPP’s constitutional independence. In the circumstances, I invited and received from the DPP such recommendations to amend the SC and PI acts.”

Al-Rawi is now going to write to other stakeholders - judiciary, Law Association - to comment on draft recommendations for the legislation his ministry has worked out.

“After feedback is received, I’ll advise the Prime Minister and take the matter to Cabinet, which will decide whether we approach Parliament to debate appropriate legislation. So we haven’t hit a dead end due to the Opposition’s view.”

Section 137 wont solve MARCIA CASE FIASCO — Mendes

Using Section 137 of the Constitution to invoke a tribunal to investigate the Marcia Ayers- Caesar issue and remove the Chief Justice won’t resolve the issue of the 53 cases left incomplete, says Law Association President Douglas Mendes.

The cases will still have to be dealt with by those presiding over them, he added yesterday.

“It’s either they continue where they left off, if possible and fair, or if not start over again. Section 137 won’t solve the problem of the cases. They’re outstanding and have to be dealt with.”

Section 137 (4) of the Constitution states: “Where the question of removing a judge from office has been referred to a tribunal under sub-section (3), the President, acting in accordance with the advice of the Prime Minister in the case of the Chief Justice, or the Chief Justice in the case of a judge other than the Chief Justice, may suspend the judge from performing the functions of his office, and any such suspension may at any time be revoked by the President, acting in accordance with the advice of the Prime Minister, in the case of the Chief Justice, or the Chief Justice in the case of a judge other than the Chief Justice, and shall in any case cease to have effect.”

Opposition senator Gerald Ramdeen is still in favour of a tribunal.

“This tribunal will answer all queries in this - what took place regarding Ayers-Caesar’s appointment, etc. The direction forward for the 53 cases will fall into place as a result of the clarifications.”

But Mendes said the stakeholders - DPP, judiciary and members of the bar representing the clients in relation to each case - will have to decide how to go forward.

“When one of the cases comes up the stakeholders may have to have talks on how to go forward, so it’s better to start hearing the cases and move on.”

Courts go on vacation at month-end.

On the Opposition’s tribunal call, Attorney General Faris Al-Rawi said proposed litigation on the matter from Ayers-Caesar’s attorney - who recently issued a pre-action protocol letter - will provide full disclosure on the matter.

“It’s bound to be resolved in full form. Details will have to come out as the matter traverses the courts.”

Fake erectile dysfunction drug Viagra and birth control pill are among the growing list of bogus pharmaceuticals which are now popular in T&T.

This was revealed by Dave Cording, Crime Stoppers International consultant, at the launch of the organisation’s Illicit Trade Project held at the T&T Chamber of Industry and Commerce at Westmoorings yesterday.

Cording said among the five bogus items being peddled in the Caribbean were tobacco, pharmaceuticals, alcohol, clothing and fuel.

In T&T the illicit trade of cigarettes has been on the increase since 2015, with this now accounting for 20 per cent of the market as just over a billion illicit cigarette sticks enter this country’s market annually, Cording said.

Describing the illicit trade as a “significant issue which needs to be tackled collectively,” he said.

“What’s inside the Viagra isn’t necessarily going to give you your desire and they harm you in the long term. I know of a slimming pill that was taken and the individual here, in T&T, instead spent eight days in the hospital.

“This is organised crime. It isn’t just some entrepreneurial individual down the road.”

Cording said simultaneously legitimate businesses were being undermined and consumers in affected countries were exposed to unregulated, poorly made, inferior quality products which resulted in serious negative health effects.

He said raising prices was not necessarily the answer as this could simply push the consumer “more” towards the fake product.

Cording said he was particularly heartened that members of the Joint Select Committee (JSC) on National Security visited the Port of Port-of-Spain last Friday and were “deeply concerned” as to why an electronic scanner commissioned since 2014 was not being used.

Cording, who said one of the “great sources” of illicit goods was via shipping containers, added, “It would be nice to see those scanners in use.”

Director of Crime Stoppers Darren Carmichael said Crime Stoppers International has recognised that illicit trade was an international problem that was funding major criminal activity worldwide.

Two senior attorneys are expressing different views as to whether legislative changes is the solution to solve the issue regarding the 53 part-heard matters left hanging after the resignation of former Chief Magistrate Marcia Ayers-Caesar.

But they both agree that the police need to investigate whether there was evidence to support a criminal case of misbehaviour in public office in the current impasse involving Chief Justice Ivor Archie and the former Chief Magistrate.

And there is now confirmation that the attorney for Ayers-Caesar will soon file legal action against the Chief Justice Ivor Archie as head of the Judicial and Legal Service Commission (JLSC) challenging her subsequent resignation as a High Court judge.

Having already sent a pre-action protocol letter in June, former attorney general Ramesh Lawrence Maharaj said he had until July 26, to file the legal action and will be doing so “in the next few days.”

Ayers-Caesar was elevated to the High Court on April 12 but was forced to resign less than two weeks later after prisoners rioted, complaining that she had left their matters unfinished. Some of the prisoners have been in prison for over seven years awaiting trial on charges including murder.

The JLSC had virtually accused Ayers-Caesar of lying to them on the issue of her part-heard matters. Those 53 matters remain in abeyance because no solution has been found on how to move forward.

A suggestion put by the Prime Minister Dr Keith Rowley to Opposition Leader Kamla Persad-Bissessar for a legislative fix to address the issue was rejected on Tuesday. Persad-Bissessar instead suggested a solution could be found under section 137 of the Constitution which speaks to the setting up of a Tribunal to investigate the conduct of the Chief Justice.

Head of the Criminal Bar Association Pamela Elder, SC, told the T&T Guardian that she does not agree that a legislative solution does not have merit. She said the legislative change required is “procedural rather than substantive.”

But her colleague at the criminal bar Israel Khan, SC, is cautioning against fixing the problem via legislative change saying it may have legal repercussions.

Elder said a solution has to be found because “persons are becoming more and more frustrated. This shows the judicial helplessness and hopelessness and there is a sense of despair.”

Elder noted that while the Criminal Procedure Rules imposes sanctions on attorneys who don’t file documents on time “what are the sanctions for the people responsible for the suffering and misery being created by the Marcia mess?”

Khan agreed with Elder that a police investigation must begin into the matter involving Ayers-Caesar and CJ Archie.

Khan said “somebody is lying and the police must investigate the matter so we can get the truth.”

It is only when the police investigation is completed, he said, there may be grounds for a tribunal. “The Prime Minister would be irresponsible to set up a tribunal at this time. You must first have an investigation and if it is found that the CJ is lying then they should move to impeach but an investigation must be done.”

Khan did not support legislative change saying “the legislature should not interfere since there would be pending litigation.”

He said he would endorse what Persad-Bissessar said that the “53 may file constitutional motions or file for judicial review of their matters.”

Eyewitnesses to the fiery attempted murder and suicide at Eighth Street, Arouca, said yesterday that the victim and attacker never showed any signs of a failing relationship.

Speaking with Guardian Media yesterday, one neighbour who identified himself only as “Green,” said he spoke with 52-year-old Clifford Samuel as he lay on the ground suffering from burns about the body on Tuesday evening.

Samuel was doused with a flammable substance and then set ablaze by his lover, Anika La Rosa. The couple’s wooden home was also set on fire and two other nearby houses also caught fire.

Green said Samuel told him while he was lying in bed he felt himself being doused and then felt the flames. As he ran out the house screaming, Green recounted that Samuel claimed he saw La Rosa dousing herself before she set herself ablaze.

“She light meh afire and light she self afire!” Green recalled were the words said by Samuel, adding that when he heard that he tried searching for her in the three-bedroom house but could not find her as the flames were too much for him. 

Green said he never knew the couple to have any falling out prior to the incident, as Samuel told him the two had spent the afternoon together prior to the incident. La Rosa has two children who live with her but they were not home at the time.

His advice to people in relationships was for them to leave if they realise their spouse no longer wished to be with them. He said it was better to leave them and “separate yuhself from a bad relationship”

A relative of Samuel, who did not want to be identified, said the man had planned to go Tobago to “cool his head” after learning La Rosa was being unfaithful, adding the woman’s other lover was also threatening Samuel. He added that the threat of him leaving her might have triggered the act.

Neighbours said they saw La Rosa going home Tuesday with a bottle of flammable liquid, but were unsure if it was kerosene or gasoline. They claimed to have heard some commotion in the house prior to the attack, but thought the couple was “play fighting.” After an explosion, they heard the screams and saw Samuel running out.

Green said when he spoke with relatives of Samuel at the Eric Williams Medical Sciences Complex, Mt Hope, yesterday, they said doctors informed them he may not make it. 

WALTER ALIBEY & ROSEMARIE SANT

Eight senior managers of the Sports Company of T&T (SporTT) were yesterday sent on 45 days administrative leave pending the completion of a forensic audit investigation of the operations of the entity.

SporTT, which is led by recently appointed chairman Dinanath Ramnarine, also revoked the appointment of board director Jason Julien.

Guardian Media Sports was informed by a source close to the development that CEO Adam Montserin, head of Facilities Anthony Blake, head of Procurement Darrel Stewart, head of Internal Audit Joanne Kowlessar, head of Legal Navin Maharaj, Senior Manager in the Project Department Travis Smith, a senior manager and a senior project administrator were all sent on immediate administrative leave with pay. Three managers, when contacted yesterday, said they could not explain the reason for the suspensions.

However, a release from the SporTT said the board, acting on the advice of the Ministry of the Attorney General and Legal Affairs, would be undertaking a forensic investigation into the operations of the company. It said to facilitate this, eight employees were asked to proceed on administrative leave effective July 19 while the appointment of one board member was revoked.

Ramnarine could not be reached for comment yesterday.

But in giving an account of what transpired yesterday, one manager, who spoke on condition of anonymity for fear of victimisation, said: “We went to work as on any other day and were asked to attend a meeting. No reason was given, but we were just asked to go on leave until a forensic investigation was done.”

The manager said it was possible the the non-payment of maintenance fees to the Shanghai Construction Group in April may have been one of the reasons for the probe.

Guardian Media Sports learnt that the Shanghai group receives a whopping $1.4 million monthly for maintenance work on the facilities they constructed, namely the National Cycling and Aquatic Centres in Couva and the National Racquet Centre in Tacarigua. However, they have not been paid for the past few months due to lack of funding. Its last payment was $2.5 million in December last year

According to the manager, board members were “pressured to make the payment recently although monies have been scarce, as the company had received no funding from the Ministry of Finance, which had been public knowledge.” Apart from no funding being available, the company found that there were fundamental issues concerning the actual maintenance work being done on the facilities. Now, it “seems everyone who was involved with the the Shanghai Group was sent on leave,” the manager explained.

Money, legal issues plague body

Guardian Media Sports was also informed by a reliable source that at the start of July, the board, which comprises Imran Jan, Dionne Ligoure, Richard Mc Farlane, Vyash Nandlal, Phillip Whiteman, the step-father of cycling ace Njisane Phillip, and which is led by Ramnarine, also took a decision to take control of the day-to-day management of the company.

The source said: “What the board has done is bestowed upon itself executive powers which it doesn’t have and which is contrary to the Companies Act of 1995, the state enterprises performance and monitoring manual and good and proper corporate governance practices.”

Well-placed sources added that since Ramnarine took up office in May, SporTT has been facing many challenges, including a severe funding deficit between TT$35-TT$40 million, and they have been forced to put “mechanisms in place to deal with this.”

But how did the company get to that point?

According to our source, “there are major issues at the company. We inherited a number of problems, including financial and several legal matters. We recognised there is a need to manage the business in a better way.”

Sources at the company also said it has been plagued by a lack of transparency in the way business was done, “including in the procurement process, and within the past few weeks a finance committee had been reviewing any payments being made, making sure that payments were justified and that there was proper documentation for all payments, something which had been lacking.”

Sports Minister Daryl Smith was out of the country and could not be contacted yesterday and calls to Attorney General Faris Al-Rawi’s mobile went unanswered.

SporTT was established in 2004 as a limited liability, special-interest company geared towards the management, administration and programming of sport, as well as the construction and operational maintenance of sporting facilities throughout T&T.

Two of four Bulgarian nationals charged with a combined total of six card skimming offences pleaded guilty to four of the offences and will be sentenced today.

Daniel Nedelchev and Emil Mihalev re-appeared before Port-of-Spain Magistrate Christine Charles yesterday and had hoped to have their matter dealt with, but had to wait another day due to a small hiccup with having their translator in two separate jurisdictions.

Nedelchev and Mihalev are charged with tampering with a Republic Bank Ltd (RBL) automatic banking machine (ABM) in Maraval and for possession of card skimming equipment. The duo had initially pleaded not guilty when they first appeared in court on July 4, but have since changed their pleas.

Nedelchev and Mihalev are accused of maliciously causing $2,092.50 in damage to an RBL machine in Maraval, stealing a keypad from the machine valued at $1,575 and for being in possession of bank card skimming equipment. The incident allegedly occurred on June 25 and the men were arrested the following day at a guest house in St Ann’s.

The duo’s court appearance came less than a week after Dimitar Georgiev, 47, and Toncho Tonchev, 22, appeared in Port-of-Spain on similar charges arising out of a separate incident on June 23 at another RBL ABM at Piarco Plaza.

President of the Media Association of T&T (MATT) Vernon Ramesar says the organisation is expected to meet this weekend to discuss how the Data Protection Act can affect the police investigation involving former investigative journalist Anika Gumbs.

On Monday, police executed a warrant at Gumbs’ St Joseph home and seized her laptop computer, cellphone among other items in pursuit of an investigation involving a conspiracy to pervert the course of public justice.

Contacted yesterday Ramesar described the matter as “sensitive” but said it was among other issues on the agenda affecting journalists to be discussed.

“We would need to analyse it further because it is somewhat sensitive so we haven’t had a chance to meet on it yet,” Ramesar said, adding that MATT would issue a statement soon after this was done.

According to reports, Gumbs’ computer and mobile phone were seized after a team of officers went to her home and executed a search warrant.

It was reported that earlier this year Gumbs met with police and was asked to make her cellphone and computer available to officers but the items were never handed over to police.

It was also reported that Gumbs was interviewed by police regarding allegations levelled against former Attorney General Anand Ramlogan in relation to an allegation of witness tampering.

DCP Harold Phillip is probing an allegation that the former AG contacted David West, now Director of the Police Complaints Authority (PCA) and tried to coerce him to withdraw his statement in a civil lawsuit filed by then Opposition Leader Dr Keith Rowley.

Ramlogan has denied all allegations.

Police probing the case said a file was expected to be sent to Director of Public Prosecutions (DPP) Roger Gaspard soon for advice.

The judiciary has moved to seal all the documents involved in the legal action filed by former chief magistrate Marcia Ayers-Caesar against Chief Justice Ivor Archie, the Judicial and Legal Services Commission (JLSC) and President Anthony Carmona.

It appears to have been done without the knowledge of Ayers-Caesar’s attorney Ramesh Lawrence Maharaj SC, who, having filed the documents on Wednesday, was unaware of the ‘gag order’ when Guardian Media contacted him yesterday.

Guardian Media Limited has been reliably informed that the documents have been barred from public view and the contents of the action will only be opened when it is called up before a judge.

Sources told Guardian Media a request to seal the matter would have had to pass through the Registrar of the Court.

The concept of document sealing a legal matter is done worldwide to protect, among other items, trade or state secrets.

In the case of Ayers-Caesar, however, senior legal professionals yesterday said if a request was made for sealing the case it would have to come from the party filing the matter and that is subject to very stringent considerations.

“Something sounds fishy,” one attorney said, saying the registrar can’t act without a request, especially since the concept of justice requires that judicial proceedings remain public.

Another logical assumption following this move, a legal source added, is that moves will also be made to have the hearing “in-camera” and debar the media from reporting on the proceedings.

Checks at the High Court revealed there were minor details of the case the court information desk at the Hall of Justice, Port-of-Spain, while the registry said it had no information on its system. The case has been assigned to Justice David Harris but no date has been set for a first

hearing.

But legal sources said the lawsuit had three affidavits attached - one from Ayers-Caesar, her husband and friend Magistrate Cheron Raphael. Ayers-Caesar’s husband and Raphael were present at her swearing-in ceremony at the Office of the President in April.

A pre-action protocol letter dated June 16, 2017, which is public, points to certain pieces of evidence on which the former chief magistrate’s case will be hinged - among them private email exchanges between the Chief Justice and the Chief Magistrate.

In that letter, Ayers-Caesar asked for judicial review of the Judicial and Legal Services Commission for seeking her resignation by means of “unlawful pressure.” Saying the CJ threatened that if she did not resign he would recommend her appointment be revoked, she asked to be reinstated and accused the JLSC of misfeasance in public office.

Guardian Media understands the lawsuit was also sealed as the parties are still locked in negotiations for a settlement, though sources said one is unlikely.

Speaking on CNC3’s Morning Brew yesterday, Maharaj had said the public will learn “all the facts surrounding the forced resignation and all the facts surrounding the JLSC having the necessary information on the part-heard matters and how the practice has been in the past for when judges and magistrates have several outstanding matters.”

Maharaj pointed to the case of Justice David Myers, whom he said had 63 part-heard matters and “he was de-rostered for a few months in order for him to complete the part-heard matters.”

According to Maharaj the evidence in court will show it was possible for the JLSC “to appoint Ayers-Caesar as a judge and to make the appointment effective from a certain date, so that she could complete the part-heard matters.”

In addition, he said he will lead evidence to show that “even her swearing in could have been postponed in order for her to complete the part heard matters.”

Meanwhile, Director of Public Prosecutions (DPP) Roger Gaspard is expected to give his decision on whether the 53 cases left unfinished by Ayers-Caesar have to be restarted next week. He is expected to give his decision when the cases come up for hearing before acting Chief Magistrate

Maria Busby Earle-Caddle. (With reporting by DEREK ACHONG)

Although it was Sports Minister Darryl Smith who prompted the forensic audit into the Sports Company of Trinidad and Tobago (SporTT), when he returns home from China he himself will face some questioning of his own.

Attorney General Faris Al-Rawi says Smith will be asked to provide an explanation on allegations, which are now in the public domain, about a monetary donation allegedly made by the Shanghai Construction Group to a foundation in his name.

The allegation was made on the CNC3 Morning Brew yesterday by Dane Wilson, who was identified as a People’s National Movement (PNM) activist.

Asked whether he was concerned about the issue, Al-Rawi said he was “not aware of the information, but from what was reported it seems to me these are separate issues (from the forensic audit) and when Minister Smith returns no doubt a proper explanation will be required to be given and we await that.”

It was Smith, according to Al-Rawi, who on the basis of information prompted the forensic audit at the Sports Company.

“This form of intervention originated with the Minister of Sport,” he said.

“The Minister of Sport, in conjunction with the Office of the AG and certain aspects of the Sports Company, collaborated on information which came to their attention and based on the information we felt it warranted a forensic audit.” (See page A8)

For the purpose of allowing the audit to proceed, he said “action was taken to send home some members of the administrative staff to ensure there is no allegation of interference.” He did not want to go into particulars on the audit, but said “Government is insistent that there is propriety in all state enterprises and holds this Government and all of its agencies to a very high standard.”

Al-Rawi said “if any wrong doing is discovered both in respect of civil or criminal matters, then the appropriate recommendations and actions will follow.”

A member of the board of SporTT told the T&T Guardian “there have been a lot of strange activities at the company and the only way to get to the bottom of it was through a forensic audit.”

Acting Sports Minister Nyan Gadsby Dolly, on her way to Cabinet on Thursday, said, “The situation is very sensitive and is being handled by the Office of the Attorney General.”

Questions are being asked about the one and a half million-dollar maintenance contract which the Shanghai Construction Group received from SporTT, which according to well-placed sources was not brought to the former board for ratification. The contract, according to SporTT insiders, was signed at a time when the company was already in the red financially and was “barely receiving enough money to meet its wage bill.”

Scores of employees of the Shanghai Group retained to fulfil the maintenance contract are now living on the compound of the Aquatic Centre in Couva. Asked why this was allowed, a member of the board said, “We have been asking questions about this and have been unable to get answers. These are the Shanghai people but no one seems to know how that arrangement of them living on the compound came to be.”

The source said there was no evidence of anything in the agreement with SCG to provide accommodation for the workers.

The T&T Guardian tried without success to contact SporTT chairman Dinanath Ramnarine yesterday.

Efforts to contact Michael Zhang, of the Shanghai Group, were also unsuccessful while Smith is still out of the country and unavailable for comment.

The Cabo Star cargo vessel will be sailing off on a trial sailing to Tobago today and will officially begin operations servicing the sea bridge between T&T by Monday.

This was disclosed by Minister of Works and Transport Rohan Sinanan following a full tour of the cargo vessel, along with Minister of Tourism Shamfa Cudjoe and officials from the Port Authority of T&T Board (PATT) and ministry officials, yesterday. The vessel docked at the Port of Port-of-Spain Port at midnight Thursday.

After the tour, Sinanan said he was quite satisfied and added that he fully supported the PATT’s board and chairman Allison Lewis in acquiring the vessel.

A second vessel, the Ocean Flower, is currently on its way to T&T.

Both vessels were leased from Bridgemans Services Group of Vancouver, Canada, at a daily cost of US$22,500 (around TT$157,500) and US$26,500 (TT$185,500) respectively, and are expected to fill the transportation gap created when the Super Fast Galicia left these shores in April after a contractual fallout with PATT.

The Cabo Star will cost the Government TT$4,725,000 per month and the Ocean Flower TT$5,565,000.

The Cabo Star, which is expected to take, for the most part, five hours to get to either island, is expected to bring a great ease to truckers, according to Sinanan.

“I cannot judge if this vessel is better than the Galicia, but it will accommodate the 130 truckers at any point in time and will carry a minimum of 130 trucks, including the big ones. Also, it can carry 130 passengers, which is far more than 12,” Sinanan said.

The maintenance and staffing will be provided by the vessel’s owners given that it is being charted for one year. The vessel does not have the capacity to sail between both islands twice a day, but will sail once from either island and for six days a week. Once the Cabo Star vessel begins operations, both the Atlantic Provider and the Barge will be pulled from the sea bridge, he said.

Cudjoe meanwhile said she is waiting with “bated breath to see the vessel fully functional.”

She also disclosed that when the vessel docks in Tobago later today, Chief Secretary of the Tobago House of Assembly Kelvin Charles and Ayanna Webster-Roy, Minister of State in the Office of the Prime Minister (Tobago East MP), will go on a tour.

With respect to docking arrangements in Port-of-Spain, Sinanan said dredging and the removal of an old jetty was under way and that soon the vessel will be able to dock at Queen’s Wharf.

An unidentified man was found with his head bashed in along the westbound lane of the Audrey Jeffers Highway yesterday morning.

According to police, the man, believed to be in his late 40s, was found around 12.30 am by passers-by. Police said the man had a gaping wound to the side of the head and believe he may have been killed and his body dumped. They are also not ruling out the possibility the man may have been killed in a hit-and-run.

The man, of East Indian descent, is about five feet tall and was bare backed, wearing long black jeans rolled up to the end and was bare feet.

Anyone with information on the man’s identity is asked to contact the St James Police Station.

Fed up of repeatedly ordering the State to pay compensation to the victims of abusive prisons officers, a High Court Judge has made an innovative proposal for the reduction of prison violence.

Delivering a 65-page judgement yesterday in a case of five remand prisoners, who were injured by prisons officers during a search exercise at the Golden Grove Prison, Arouca, in 2015, High Court Judge Vasheist Kokaram said the current scheme for the award of exemplary damages was not achieving its role in deterring misconduct by prisons officers.

“If in making these awards the court must be mindful of matters in mitigation and must be mindful that the taxpayer ultimately pays the price for the errant use of force by masked men, then the award must be crafted to finally bring home to the prison authorities that there must be an alternative way to develop a better environment that will mitigate against the use of excessive force,” Kokaram said.

Kokaram proposed that while the five men were entitled to $50,000 each in exemplary damages in addition to the $335,000 in total compensation for the injuries they suffered, they should only receive one third of the figure.

He then issued a precedent-setting “split order” in which the remaining $166,666.67 is to be paid to an interest-bearing account and be used for prison violence reform.

Under the order, the first of its kind to be issued in T&T, the men’s attorneys and those for the State will have three months to decide which programmes or NGOs the funds will be used to finance.

However, Kokaram ruled that if no agreement can be reached the money and corresponding interest will then be paid to the five men in two tranches—one immediate and the other within two years.

Kokaram was careful to note that prisoners and prison officers should not be solely blamed for the violence.

“While there may be a temptation to blame prisoners for prison violence, the lessons learnt in our judgements is that the amount of violence in a prison has much to do with its culture, the effectiveness of management and inept excuses to mistreat prisoners,” he said.

The assault and battery lawsuit arose out of an incident at the Remand Yard section of the prison on June 16, 2015, in which Jason Raymond, Marvin Scott, Ryan Stephens, Christopher Lewis and Junior Collins were beaten.

According to the evidence in the case, the five men claimed they were in their respective cells during a routine search exercise when they were attacked without reason by a group of masked prisons officers armed with riot batons.

Their injuries were so serious they could not be treated at the prison’s infirmary and had to be warded in public hospitals for several days.

The officers did not testify during the trial, as state attorneys claimed their safety was at risk if they revealed themselves in court.

In their defence statements, the officers claimed they were acting in self defence, as the alleged victims had attacked them by throwing objects and the contents of their slop pails during the search.

After analysing the evidence, Kokaram ruled in the group’s favour.

Collins was awarded $55,000 for his injuries, Scott was awarded $75,000 and Raymond $65,000.

Both Lewis and Stephens received $70,000 each.

In addition to the damages, Kokaram ordered the State to pay their legal costs.

The men were represented by Gerald Ramdeen, while Fyard Hosein, SC and Rishi Dass represented the State.

Four Bulgarians who pleaded guilty to card skimming charges were ordered to pay over $90,000 yesterday or face up to three years in prison.

Daniel Nedelchev and Emil Mihalev, both 25, who are charged with maliciously damaging a Republic Bank Limited automatic banking machine, stealing parts of the machine and possession of card skimming equipment, were each fined $25,000 for the card skimming offence. They were ordered to pay $15,000 immediately and the remainder on or before July 28 or face a three-year jail term with hard labour.

For maliciously damaging the ABM they were fined $5,000 each to be paid forthwith or serve nine months in jail with hard labour, and made to pay $1,050 each to RBL forthwith or serve six weeks’ simple imprisonment. They were also each ordered to pay $800 in compensation for stealing the ABM parts or face six weeks’ imprisonment.

Court prosecutor Insp. Rajesh Lal argued against a fine as punishment on the basis that their punishment should serve as a deterrent to other would-be skimmers. He said the Fraud Squad has recorded 600 cases from January to June. He added that both men got their passports on the same day, June 6, and their first place of travel was to T&T days later, entering the country on June 11. He added that two weeks after arriving they committed the offences on June 25.

The men, both taxi drivers according to their attorney Matthew Gayle, said they were “deeply sorry” for their actions. Gayle said their arrest caused undue anxiety to their families in Bulgaria. He asked for a non-custodial sentence in his mitigating plea, as the men would have spent some time in custody with a language barrier.

The men’s countrymen, Dimitar Georgiev, 47, and Toncho Tonchev, 22, were fined a total of $40,000 for being in possession of card skimming equipment on June 16. Georgiev, a fisherman, was fined $25,000 and ordered to pay $15,000 immediately and the balance on or before July 28. Tonchev was fined $15,000 and ordered to pay $10,000 forthwith and the balance in the same period as Georgiev. Both men will reappear in the Arima Magistrates’ Court today to answer the charge of tampering with the ATM at the Piarco Plaza branch of RBL.

In passing sentence, Magistrate Christine Clarke said she took into consideration the four foreigners’ guilty plea at the first opportunity and that the men had clean records both locally and internationally prior to their arrests. She said she also considered the fact that the men committed the acts while guests in the country and damaged what she deemed to be a public convenience.

Charles also commended Constables Efaye Joint and Shelly Plant of the Fraud Squad for their efficiency in dealing with the case and being ready in the shortest possible time.