The Freedom Chambers

Panday’s former defence lawyer, Mr Alan Newman, QC, recently created legal history in the famous “lotto rapist trial.” In a case that attracted widespread publicity and keen public interest, the House of Lords, in an unanimous ruling, held that Newman’s client, a retired teacher, could sue the person who raped her, even though the six-year limitation period had long passed.

LAST MONTH, I listened in amazement to a radio interview, during which chairman of the ruling PNM, Mr John Donaldson, was being probed by Radio I95.5’s George “Umbala” Joseph on the Government’s response to the crime situation.

In retrospect, had former Chief Justice (CJ) Sat Sharma not filed for judicial review to stop his criminal arrest and prosecution, the entire fiasco may have been over a lot earlier.  Sharma would have probably resumed his rightful place and function as the country’s CJ until retirement. The protracted legal challenge was costly in many ways. It created a cloud of doubt over his integrity, cost millions of dollars, and proved futile, as he was not spared criminal prosecution in the Magistrates’ Court.

At a seminar held at the University of the West Indies (U.W.I.) to discuss the implications of the Mustill Report, Professor Selwyn Ryan accused the local judiciary of making a grab for power. He also said, “sometimes I feel ashamed of our judges behaving as they do… sometimes I think that our Judiciary is becoming to Americanised.”

Appeals are normally heard by three judges in Court of Appeal. Three independent minds are supposed to review the reasoning and decision of the trial judge whose judgment is under challenge. I have often had cause to wonder if the three appeal court judges who hear the case actually apply their minds independently to the issues raised.

The tenure of Chief Justice Sharma has been so coloured by the controversial attempts by the state to remove him from office that a lot of the good that he has done might be forgotten or not credited to him. On the eve of his resignation, I think it appropriate to highlight some of his achievements.

Fourteen-year-old Aleem Ali was murdered. His burnt and chopped body was found by his uncle in the bushes in Arouca in March, last year. Three schoolboys (all former pupils of Five Rivers Secondary School) were arrested and charged for his murder. Last week, Senior Magistrate Deborah Quintyne dismissed the case, because the prosecution was never ready to proceed with it.

The case had been calling and adjourning for almost a year now, while the three young accused remained in jail.

Brian Lara and I have quite a lot in common. Apart from the obvious fact that he copied my batting technique and style, we both come from large families and know how to party.

The tenth of 11 children, Lara’s achievements with the bat have overshadowed the charismatic and caring nature of his personality. Although it is difficult to resist the temptation to delve into the dazzling Lara batting statistics, it’s about time we focus the spotlight on the man, as opposed to the batsman.

The picture is worth more than words can paint.

The  poll relates to Anand's commentary Critical Changes Needed to Rescue T&T. Please read the commentary and have a think before giving us your anonymous vote. You can also post us your comments below.

The traditional year-end wish list column has become so trite and predictable that I cannot find the energy to do one this year.

In reviewing my previous year-end columns I noticed that most of the wishes remain unfulfilled as T&T has moved from bad to worse in several critical areas.

Before we even begin to analyse the Mustill report we should all be very concerned about the serious breach in security that led to the premature leaking of the report to the media before it was officially delivered to the President. The headline “Sharma Spared” instead of “Sharma Cleared” set the psychological state of mind for the digestion of the report in a way that was clearly favourable to the government.

By now, the long-awaited Lord Mustill Report should have been delivered to the President. The ambitious public declaration by the tribunal that it intended to deliver it before the general election fell flat, as Prime Minister Manning immediately announced the date for the election.

The residents of Tabaquite have been pleading with the authorities to rebuild the Brasso Police Station for over five years now to no avail. While media reports focus on the rise in urban crime, the rural areas have been suffering a similar fate.

Yes my friends things are definitely hotting up in sunny, oily, T&T (aka Monkey Island) in its post election glory. Without further delay see the story in the TT Express 2007-11-29 where it is reported that

Resuming this column after my unsuccessful first contest in a general election feels good. It was a great and exciting adventure, full of thrills and spills, excitement and passion, frustration, disappointment and reward.

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This last election, the entire country of Trinidad and Tobago had a golden opportunity to fight crime, unemployment, inflation, corruption, wild spending, frivolous trips abroad and emporial mansions.

My Dear Friend and Fellow Citizen,

I wish to express my deepest gratitude for your support in my campaign for the Tabaquite constituency for the Congress of the People.

Our campaign was short and intense people from all walks of life responded to the call for a new politics and you were at the forefront of this massive movement for change. Your support be it financial or otherwise was greatly appreciated and I wish to say thank you from the bottom of my heart.

Well as others on the site have pointed out it seems that as the election frenzy is over, we now are into a wave of sickening crimes.

Rapes? Well ah doh know eef dat is yesterdays stale news. Ah hope not. I was about to attend to some chores when I glanced Newsday 2007-11-13. I had to stop what I was doing and read this short story of yet another sickening and psychopathic rape - of a twelve year old girl in Rio Claro. Gang raped - she is now fighting for her life in hospital.

When the framers of our present constitution first wrote it so many years ago, that was a time when the intent behind legislation was also taken into account, as well as the legislation itself. The intended aims of legislation can have great insight into how it is interpreted in court, hence its importance.

One of the conditions of the current constitution, is that a sitting politician, or one who has only recently been active, should not be allowed as President. I say should not be because we know how that went with Robinson.

Speaks for itself

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With "Election Day" in about a week or so from now, I felt it necessary to separate some "facts from fiction" about our Political History in Trinidad & Tobago. (source: Wikipedia, the free encyclopedia)

I felt it was necessary to do so, because this election will be a deciding factor towards the future direction our country will be heading post election, and a very important one at that.

It is rather troubling that the UNC loyal "grassroots" have been made to believe that the only issue in this election is "unity" of the UNC tribe. Translated it means the Jahaji bhais and bahins have to vote like a robotic block for the UNC. In doing so the following types of behaviour by their politicians are validated. The conduct of those who committed the following crimes against the best interest of its supporters and the citizens of the country will then be legitimized.