作者: admin

  • Misrepresentation of Privy Council

    Misrepresentation of Privy Council

    In a recent letter to the editor, E Galy’s critique of the Judicial Committee of the Privy Council’s role in the Jason Jones case demonstrates a profound misunderstanding of constitutional law and the judiciary’s function in a democratic society. Galy’s assertion that the Privy Council overstepped its bounds by altering the Constitution is not only incorrect but also dangerously misleading. This rebuttal seeks to clarify the constitutional principles at play and reaffirm the judiciary’s vital role in safeguarding the rule of law.

    First and foremost, the Privy Council, as the highest appellate court for Trinidad and Tobago (TT), is tasked with interpreting and enforcing the Constitution. Section 2 of the Constitution explicitly designates it as the ‘supreme law of the land,’ rendering any inconsistent legislation void. The judiciary, not Parliament, is the ultimate arbiter of constitutional validity. This separation of powers is foundational to preventing elected dictatorship and ensuring democratic governance.

    Second, the Jason Jones decision did not ‘change’ the Constitution but rather interpreted it in light of its guarantees of equality, privacy, and personal protection (sections 4 and 5). The court ruled that colonial-era laws criminalizing consensual adult acts in private violated these fundamental rights. This was not judicial activism but the fulfillment of the court’s constitutional duty to strike down laws that contravene the supreme law, as mandated by section 14(1).

    Third, Galy’s claim that the court cannot render a law inoperable if it aligns with the Constitution is a fundamental misrepresentation of judicial review. Established in cases like Marbury v Madison (1803) and reaffirmed in Commonwealth jurisprudence, judicial review empowers courts to invalidate statutes inconsistent with the Constitution. This principle ensures that constitutional supremacy is upheld.

    Fourth, Galy’s dismissal of ‘changed times’ as irrelevant to constitutional interpretation is misguided. The Constitution is a living document, as affirmed by the Privy Council in cases like Reyes v The Queen (2002) and Matthew v The State (2004). It must be interpreted in a manner that reflects evolving societal standards of dignity and equality.

    Galy’s argument, rooted in theocratic posturing rather than constitutional reasoning, conflates religious morality with legal interpretation. This stance is incompatible with the secular rule of law enshrined in TT’s 1976 Constitution. Sovereignty lies with the people and the Constitution, not with religious dogma.

    Finally, the assertion that judicial review ‘mutates’ civil and criminal law is legally untenable. When a law is declared unconstitutional, it is void ab initio, ensuring the coherence of the legal system. The judiciary’s role is to preserve constitutional order, not to subvert it.

    In conclusion, the Privy Council’s decision in the Jason Jones case was a reaffirmation of constitutional supremacy and judicial duty. Public discourse must rise above misconceptions that equate judicial independence with political interference. The true tragedy lies in the persistence of such uninformed critiques in our public dialogue.

    MOHAN RAMCHARAN
    Birmingham, UK

  • Court of Appeal moves to clarify law

    Court of Appeal moves to clarify law

    The Bail (Amendment) Act, passed last year with bipartisan support from both the PNM and UNC, introduced significant changes to how individuals accused of serious crimes are treated. This legislation was necessitated by a landmark Privy Council ruling that declared the long-standing ban on bail for murder charges unconstitutional. The amendment allows bail in ‘exceptional circumstances’ and permits those charged with murder to petition for release if the state fails to present evidence within 180 days or if a trial extends beyond a year. However, the law left ambiguity regarding whether the same standards apply in cases of prolonged trials.

    On October 27, the Court of Appeal signaled its intention to address this unresolved issue. Justices of Appeal Gillian Lucky, Mira Dean-Armorer, and Carla Brown-Antoine have consolidated several ongoing cases to determine the correct legal test. The court will hear arguments in early 2026, weighing whether the legislative intent was to ease the burden on defendants, as argued by defense attorneys, or to maintain a high threshold even in cases of delay, as contended by the state. Stakeholders, including the Public Defenders’ Department, the Law Association, the Criminal Bar Association, and the Office of the Attorney General, will participate as interested parties.

    Justice Lucky emphasized the need for a consistent approach, stating, ‘What is the correct test?’ This judicial intervention highlights deficiencies in the parliamentary process, as the ambiguity was raised during committee discussions when the bill was debated last July.

    The urgency for clarity is underscored by recent observations from prison reform advocate Debbie Jacob, who noted that innocent individuals languish in prison for over a decade awaiting trial. A 2023 parliamentary committee survey further revealed that some citizens are reluctant to report crimes due to the ‘terrifyingly delayed process.’ The court’s move to clarify the law is a welcome step, potentially obviating the need for further legislative action.

  • Preedy back from Japan, ready for Acoustic Experience

    Preedy back from Japan, ready for Acoustic Experience

    National Freestyle Champion Akeem ‘Preedy’ Chance has recently returned from Japan, where he showcased his soca talents during the Soca in Japan festivities. Now, he is gearing up for his highly anticipated Acoustic Experience event, set to take place on November 2 in St Clair, Trinidad. Preedy expressed his pride in seeing soca music transcend borders, noting its ability to inspire and uplift people worldwide. Reflecting on his time in Japan, he described the culture as respectful and deeply appreciative of soca’s vibrant energy, which brings warmth and joy to its listeners. Despite the Japanese emphasis on calmness and control, Preedy observed that soca music serves as the perfect catalyst for moments of uninhibited celebration. His recent single, ‘Jammin,’ released ahead of Miami Carnival, has already garnered over 265,000 views in less than two weeks, signaling its widespread appeal. Preedy also teased an upcoming collaboration, hinting that attendees of the Acoustic Experience might get an exclusive preview. The event promises a unique, intimate connection with his audience, offering a fresh take on his beloved songs. For more details, fans can follow @iland_boy_preedy on Instagram and other social media platforms.

  • Calypso History Month: Telling our stories through calypso

    Calypso History Month: Telling our stories through calypso

    In the midst of global challenges, the timeless art of calypso remains a unifying force, celebrated during Calypso History Month in October 2025. This year’s theme, ‘Calypso Unleashed: Boundless Harmonies,’ highlights the genre’s unique ability to educate, entertain, and unite. Declared in 2002, Calypso History Month honors the rich legacy of calypso, a musical tradition deeply rooted in Trinidad and Tobago’s culture. The Trinbago Unified Calypsonians’ Organization (TUCO) has played a pivotal role in preserving this art form, which traces its origins to the 1950s with legendary artists like Atilla the Hun, Lord Kitchener, and The Mighty Sparrow. Calypso, often described as ‘the voice of the people,’ has documented pivotal moments in the nation’s history, from political movements to social issues. Its educational value is unparalleled, with calypsonians like David Rudder and Brother Resistance using their lyrics to critique society and inspire change. Over the decades, calypso has addressed themes such as Caribbean unity, taxation, and global events, making it a powerful medium for storytelling. As the world grapples with modern challenges, calypso continues to resonate, offering a unique lens through which to view history and culture. With its enduring relevance, there is a growing call to integrate calypso into educational curricula, ensuring its legacy thrives for generations to come.

  • Pan and Powder in Tobago

    Pan and Powder in Tobago

    The streets of Scarborough came alive on October 25 as the annual Pan and Powder event marked a highlight of the Tobago carnival festivities. The celebration featured electrifying performances by renowned steel orchestras, including Hope Pan Groovers, Plymouth Bethesda Steel Sensations, T&TEC New East Side Dimension, Katzenjammers Steel Orchestra, RBC Redemption Sound Setters, Massy Trinidad All Stars Steel Orchestra, Steel Xplosion Steel Orchestra, NLCB Buccooneers Steel Orchestra, and bp Renegades Steel Orchestra. Pan Trinbago president Beverly Ramsey-Moore joined the festivities, showcasing her enthusiasm for the vibrant cultural tradition. Newsday photographer Alva Viarruel captured the essence of the event, documenting the energy and joy of pan enthusiasts as they followed the orchestras along Calypso Rose Blvd. The event not only celebrated Tobago’s rich musical heritage but also brought together locals and visitors in a spirited display of unity and creativity.

  • The silent storm: TT grapples with rising tide of stroke, especially in the young

    The silent storm: TT grapples with rising tide of stroke, especially in the young

    Stroke, once considered a condition primarily affecting the elderly, is now increasingly striking younger adults in Trinidad and Tobago, with devastating consequences for individuals, families, and society. On World Stroke Day (October 29), medical professionals are raising the alarm about this growing crisis, emphasizing that stroke is no longer confined to older populations. The two main types of stroke—ischaemic and haemorrhagic—are both on the rise, driven by factors such as hypertension, diabetes, obesity, and unhealthy lifestyles. Ischaemic strokes, caused by blood clots blocking brain vessels, account for 85% of cases, while haemorrhagic strokes, resulting from ruptured blood vessels, make up the remaining 15%. Both types share common risk factors, with uncontrolled hypertension being the most significant. The trend is particularly alarming among adults in their 30s, 40s, and 50s, who are increasingly falling victim to stroke due to poor diets, sedentary habits, and unmanaged stress. This shift not only imposes heavy medical costs but also leads to lost income, emotional trauma, and a decline in the nation’s productive workforce. To combat this, the BEFAST campaign—which stands for Balance, Eyes, Face, Arms, Speech, and Time—is being promoted as a critical tool for recognizing stroke symptoms and seeking immediate medical attention. Advances in treatment, such as thrombolysis and thrombectomy for ischaemic strokes, and neurosurgical interventions for haemorrhagic strokes, offer hope, but timely action is essential. The medical community is calling for a national effort to raise awareness, manage risk factors, and promote healthier lifestyles to prevent and treat stroke effectively.

  • Ramdoo, Cooper, Govia star in Red Force trial match

    Ramdoo, Cooper, Govia star in Red Force trial match

    The TT Red Force coaching staff, led by Rayad Emrit, faces a challenging task in finalizing their squad for the upcoming CG United Super50 tournament following an intense trial match at the National Cricket Centre in Balmain, Couva, on October 28. The match, which showcased exceptional performances from multiple players, ended in a nail-biting finish with the Bryan Charles XI edging out the Vikash Mohan XI by a mere one run.

  • Joshua Davis stars for Mohan XI in Red Force trial match win

    Joshua Davis stars for Mohan XI in Red Force trial match win

    Off-spinner Joshua Davis delivered a standout performance during a Red Force trial match at the National Cricket Centre (NCC) in Couva on October 26, earning Man of the Match honors and catching the attention of head coach Rayad Emrit and chairman of selectors Rajendra Mangalie. Davis’ spell of four for 25 was instrumental in securing a ten-run victory for the Vikash Mohan XI over the Terrance Hinds XI, marking their second consecutive win in the trial series. The matches are part of the preparation for the upcoming 2025 CG United Super50 competition, set to take place in Trinidad from November 19 to 29. Davis claimed key wickets, including those of Yannic Cariah, Crystian Thurton, Terrance Hinds, and Jason Mohammed, disrupting the Hinds XI’s chase of a modest 213-run target. Despite a late surge from the Hinds XI, the Mohan XI held their nerve to clinch the win. Earlier, captain Vikash Mohan led the batting effort with a solid 59, supported by Jyd Goolie’s patient 46, as the Mohan XI posted 212 for eight. The Hinds XI’s Shatrughan Rambaran top-scored with 40, but their innings faltered under pressure. Another trial match was scheduled for October 28 as the teams continue their preparations.

  • Judge rules detention of 2 men in Maloney robbery probe was lawful

    Judge rules detention of 2 men in Maloney robbery probe was lawful

    In a recent ruling, Justice Frank Seepersad dismissed a false imprisonment lawsuit filed by two men who claimed they were wrongfully detained by police during a 2021 robbery investigation in Maloney, Trinidad. Kenya Pitman of San Juan and Michael Joseph of Barataria argued that their four-to-five-hour detention was unjustified. However, the court found the police’s actions reasonable given the circumstances of the investigation. Justice Seepersad emphasized that the officers acted with commendable speed and diligence based on the information available at the time. While acknowledging the discomfort endured by the claimants, the judge highlighted the broader societal context of crime and the public’s expectations of law enforcement. The court ruled that the officers had “reasonable and probable cause” to detain the men and deemed the lawsuit “devoid of merit.” However, neither party was ordered to pay the other’s legal costs. The case was represented by Tricia Ramlogan for the State and Christophe Rodriguez and Randy Tikah for the claimants.

  • Zonal winners start SSFL Boys’ ‘Big 5’ journey

    Zonal winners start SSFL Boys’ ‘Big 5’ journey

    The 2025 First Citizens Boys’ Big 5 championship division playoffs commenced on October 29, marking the start of an intense battle for promotion among four Secondary Schools Football League (SSFL) premier division hopefuls. The five zonal winners—Hillview College (east), Mucurapo West Secondary (north), Palo Seco Secondary (south), Presentation College Chaguanas (central), and Speyside Secondary (Tobago)—are vying for a spot in the 2026 premier division season. Speyside enjoyed a bye on the first matchday, while the other teams took to the field. Presentation College Chaguanas hosted Hillview, and Mucurapo faced Palo Seco, with both matches kicking off at 3:30 PM. The competition will continue on November 1, when Speyside makes its debut by hosting Presentation in Tobago, and Mucurapo takes on the undefeated Hillview. Mucurapo narrowly clinched the north zone title by a single point, while Presentation dominated the central zone, finishing five points ahead of Chaguanas North Secondary. However, Presentation faced a tense wait as the league’s appeals committee dismissed Chaguanas North’s appeal regarding an abandoned match on September 22. The disciplinary committee awarded Presentation a 3-0 win due to poor field preparation by Chaguanas North, a decision upheld by the appeals committee on October 24. Palo Seco also benefited from a similar ruling, securing three points for an abandoned match against Rio Claro West Secondary. Palo Seco topped the south zone with 22 points, while Hillview and Speyside dominated their respective zones with commanding performances. The top three teams in the Big 5 competition will earn promotion to the 2026 premier division.