The Trinidad Guardian Newspaper

Tempers flared at the Piarco Airport on Tuesday night as two domestic flights to transport ferry passengers who had been waiting for hours to get home were cancelled.

The passengers were offered a meal of fried chicken and chips as consolation.

Among the passengers affected were businessman James Lowry.

“Imagine after all them hours I waiting on standby and thinking I finally get through with a flight to Tobago I was told twice the flight delay. Then in two blinks, I find myself sleeping at the airport. Real pressure these people have to go through. It sad,” Lowry recounted yesterday.

“It had quite a few ferry passengers who were now forced to overnight like me. It must be frustrating,” he said.

At 5 am yesterday the passengers were given their boarding passes for the first flight out BW1500 which was expected to depart at 5.45 am, however, another incident onboard the aircraft led to further delay.

An overhead locker broke, the passengers were told.

“When we ready to roll and the airhostess was closing the overhead lockers one broke causing the overhead lockers to break down so we were told that we had to disembark for the maintenance crew to fix it. I must say they did well and we were back on the plane at 7.30am. We landed in Tobago minutes to 8am,” Lowry said.

“This is the frustration we can’t take...what is Rowley doing for we? It is Trinidad and Tobago...what going on in this place?”

Those were some of the remarks made by angry, frustrated and exhausted passengers who were in the Domestic Departure Lounge at the Piarco International Airport waiting to board a flight to Tobago on Tuesday night. Cell phone video footage of the incident was shared on social media.

Passengers were told that their 7.45 pm flight BW 1540 was delayed to 9.15 pm but they found it strange when they saw Caribbean Airlines’ (CAL) crew members walk through the door and headed out the terminal.

At about 10 pm, according to Lowry, a CAL counter attendant told the awaiting passengers there would be no more flights to Tobago for the rest of the night.

Already irate ferry passengers whose names were listed on the standby list since 3 pm responded in anger.

The stranded passengers were then instructed to go to the airport’s KFC outlet for a $40 complimentary meal.

Yesterday, through the collaborative efforts of the Port Authority and CAL the operation seemingly went smoother than Tuesday. Shuttled ferry passengers were brought to the airport and placed on standby, however, they were quickly accommodated on the domestic flights.

A Port customer service desk was also fixed opposite to the Domestic Ticketing Counter 2 where a Port representative was stationed to assist ferry passengers. This system is expected to continue until March 22 when the T&T Spirit will resume the sea run after its maintenance works would have been completed.

On Monday, the lone passenger ferry, the T&T Express, was pulled off the route because of maintenance issues. Since then, CAL has been called in to transport ferry passengers at no additional cost. Ferry passengers pay $50 for a one way trip, one-third the cost of a one-way airline ticket.

CAL’S RESPONSE

CAL’s Corporate Communications Head Dionne Ligoure said that there was a problem outside of the control of CAL on Tuesday night and added that there were no ferry passengers on that flight. She said the last of ferry passengers were moved before 6 pm on Tuesday.

She said yesterday morning’s flight was delayed because “of an issue that had to be rectified.” However, she said it departed at 7.13 am.

In a subsequent statement, the airline said its domestic operations have been enhanced to support the number of passengers affected by the disruption of the ferry service and to reinforce its regular schedule on the air bridge.

On Tuesday, CAL said it operated 38 flights on the domestic route which accommodated 2,756 passengers—1,148 on stand-by flights.

It said all passengers with confirmed ferry tickets were able to board flights. A total of 40 flights were expected yesterday.

Police are now searching for a group of men who kidnapped a couple soon after they returned to their Carapichaima home from a birthday celebration dinner last night.

Lutchmin Rampersad was released by the couple’s abductors hours after they were grabbed at 11 pm and a ransom demand of $30,000 was made for her husband Terrance, 52. The woman was told her husband would be released once the money was paid and warned that she should not alert police. However, her husband later escaped his adductors in Penal.

According to police sources, sometime after 11 pm the couple arrived at their Orange Field Road home in their SUV when a silver car stopped behind them. As Rampersad came out his vehicle he noticed the men coming up their driveway. He attempted to warn his wife but was ambushed by the men.

The couple was taken and bundled into their SUV by one of the men, who then drove off with them. They were then transferred to another vehicle along the southbound lane of the Sir Solomon Hochoy Highway and their SUV left abandoned. Rampersad's vehicle was later recovered by police.

The couple was then driven to a bushy area in Gran Couva where Rampersad's wife was released. It is believed Rampersad was moved from Gran Couva to another area unknown in Penal before he managed to escape. He crawled through a bushy area while the kidnappers searched for him and eventually flagged down a passing vehicle along the M2 Ring Road just after 5 am and was take to the nearest police station.

Up to this time, officers of the Anti-Kidnapping Squad are at the Rampersads’ residence and are continuing investigations.

kevon.felmine@guardian.co.tt

A soldier was shot dead by his neighbour during an argument which was sparked by a “cut eye”.

Police said the soldier, Sgt Ken Palmer, 42, who was attached to Teteron Barracks, Chaguaramas, was killed in the yard of his common-law wife Radhica Pooran along Dalloo Road, Gasparillo around 6.15 pm.

Investigators said Palmer had an argument with two men, Ravi Pooran, his wife’s brother, and the suspect. Police was told the suspect asked Palmer, “What you watching me so for?” before a fight broke out between Palmer and the suspect.

After the suspect suffered several blows from Palmer, he went to a house at the back of Pooran’s home and returned with a gun to shoot Palmer.

Ravi tried to stop the suspect but the suspect opened fire, shooting Ravi and Palmer multiple times. He then ran off. Police last night launched a manhunt for him. Ravi, 30, was undergoing surgery at the San Fernando General Hospital last night.

Initial reports suggest that Palmer was shot in the head, shoulder and abdomen. ASP Ali Mohammed, Gasparillo police; the Homicide Bureau of Investigations, Region Three and the Crime Scene Unit were at the scene up to press time.

Two men who police said were wanted for murder and other crimes were shot dead during a reported shootout with police yesterday in Malick, Barataria.

The police identified the dead men as Obika “Beaker” Roberts, of 6th Avenue, Malick and Nkosi “Mauby” Mitlan.

In response, residents at Malick yesterday blocked the road at Upper Seventh Avenue near the house where the men were killed in a fiery protest.

However, their protest action was short-lived as Fire officers from the San Juan Fire Station extinguished the blaze and police took control of the situation. No one was arrested.

The residents disputed the police’s version of the shooting and called for a thorough investigation.

Family members said they intend to lodge a report at the Police Complaints Authority today.

Asked about the photos in which Roberts was seen posing with high-powered rifles and wads of cash, one family member said that it was not their business what he did or did not do.

“Everybody has to live out here you know,” the relative said.

Roberts, police said, was wanted for murder and possession of high-powered weapons and ammunition. Mitlan was recently released from prison. He was also a suspect in several gun-related murders.

According to a police report, at about 7.15 am officers of the North Eastern Division Task Force were conducting anti-crime exercises when they went to search a house at Seventh Avenue, Malick.

As the officers were approaching the house, the police report, said, they were fired upon. The officers returned fire, shooting and wounding two men. The injured men were taken to the Eric Williams Medical Sciences Complex in Mt Hope where they were pronounced dead on arrival.

Police said they recovered two revolvers and several spent shells at the scene.

Agriculture Minister Clarence Rambharat said he has instructed that the land which was “granted” to acting Deputy Commissioner of Police Deodat Dulalchan by letter in Felicity “be terminated.”

Three people have been suspended pending an investigation by the Public Service Commission into the issue of the land— Permanent Secretary in the Ministry of Agriculture Angela Siew, Commissioner of State Lands Paula Drakes and the Deputy Commissioner of State Lands Bhanmatie Seecharan.

Rambharat told the T&T Guardian yesterday that he has been informed that an investigator had been appointed to probe the matter but he had personally not been contacted on the investigation.

Asked what would happen with the parcel of land which Dulalchan had been granted in Chatoorie Street, Felicity, the Minister said: “He was given a letter and in that case, he has been out in the public. I read what he has been saying. But I have also given instructions that whatever was granted to him that it be terminated.”

Dulalchan was selected by the Police Service Commission as the top nominee for the post of Police Commissioner. A parliamentary Special Select Committee is examining the process used by the PSC in coming to that decision.

Whether the land will be returned to the Felicity four farmers who had been occupying the parcel of land previously, he said: “is a decision for Cabinet to make as part of it is dealing with a large block of land in that area.”

There was, he said, a second matter involving residential land. He said “it has to do with a residential parcel of land in Arouca. It does not involve Dulalchan. This involves a residential parcel and similarly permission to occupy being given by letter.” He had also directed that that be terminated.

Asked if this was normal, he said,“absolutely not.”

He said for what had happened in both cases “there must be serious breaches of procedure and practice for that to happen. That is unprecedented action in my experience.”

Both matters brought to his attention “raised red flags for me. Both matters were shocking to me and caused me to conduct an investigation and it was on the basis of those investigations, I submitted the report to the Prime Minister.” In that report, dated February 1, Rambharat told the PM he had “lost trust,” in the senior officials.

The investigation was prompted by a letter which Rambharat got from farmer Selvin Mahabir who indicated that he had occupied the land in Felicity for close to 14 years which had been given to Dulalchan and felt he had a right to the continued occupation. Investigators from the Ministry were assigned to probe the matter.

Dulalchan registered as a farmer with Agriculture Ministry’s County Caroni Extension on October 2, 2017. This was days after he obtained approval to occupy the State Land.

Farmers Satesh Maraj, Bhola Ramdass, Dindi Tarbanie and Mahabir were said to be displaced as a result of Dulalchan being granted the State Land at the Bernard Road Food Project.

The three senior officers were subsequently suspended. He said it appeared that the approval of the land to Dulalchan “had been fast-tracked and that proper procedures were not adhered to.”

Rambharat admitted he was “shocked because it is quite a process especially when you consider the backlog that we have and the way in which things take a long time.”

He said he himself had been complaining about the bureaucracy, “things take so long to happen and then I see things happen very quickly and it is not something that brings me satisfaction.” He said: “I feel if things could be expedited and it could be done quickly it should be done for everybody.”

It was on that basis, he said, that he launched the investigation.

Asked how the issues relating to land had been affected by the suspensions, he said, the Deputy PS Farook Hosein has been acting as Permanent Secretary and senior public officers at the land management division had been handling matters in the Office of the Commissioner of State Lands.

Pending the outcome of the investigation into the trio’s suspension, he said, “the Public Service Commission is looking at making recommendations for appointment to get somebody to act,” he had been following up regularly to ensure that the situation is addressed.

Rambharat said he had been working to “make sure that what we have in place was very clear,” to ensure that proper procedures were followed.”

He said he has a meeting every Thursday after Cabinet that involves the Commissioner, Deputy Commissioner, PS, Deputy PS and from time to time other ministers are invited, people from the EMA, maybe the Regional Corporation and Town and Country, depending on what we dealing with.”

Matters relating to land, he said, “require a collaborative approach, by collaborating we ensure that we follow a particular process and procedure. All these matters have to go to Cabinet. That is the oversight that is involved, given what happened.”

A couple who was kidnapped outside their Carapichiama home thanked God for saving their lives yesterday.

Terrance Rampersad and his wife, Lutchmin, both 52, said they were abducted outside their Orange Field home after returning from a birthday celebration dinner with family at about 11 pm on Wednesday.

Lutchmin told police she was released in some bushes in the Gran Couva area. She managed to get help from a passerby, who took her to the police station. She was then taken to the Couva District Hospital and then at about 3 am and returned to her family.

Lutchmin was told she was being freed to organise $30,000 for the safe release of her husband. She was warned not to go to the police otherwise Rampersad would be killed.

However, Rampersad escaped from his abductors in Penal at about 5 am. He told police officers that when he thought it was safe he “made a dash for it.” Rampersad, who was wearing a white-coloured shirt took it off and threw it away while he hid the overgrown bushes. He remained there for a while and waited for the men to leave the area. During his escape, Rampersad told police that the men fired several gunshots and threatened to kill him if they had found him.

Rampersad made his way to the M2 Ring Road where he flagged down a passing police vehicle. The officers took him to the station where they made contact with the Anti-Kidnapping Squad’s investigating officers, who were at his home at about 6 am.

Police confirmed that they went to the two locations at Gran Couva and the M2 Ring Road yesterday. At the latter location spent shells were recovered.

According to a police report, at about 11 pm the couple arrived at their home in their SUV when a silver car stopped behind them. As Rampersad came out his vehicle he noticed the men coming up their driveway. He attempted to warn his wife but they were ambushed.

The couple was taken and bundled into their SUV by one of the men, who then drove off with them. They were then transferred to another vehicle along the southbound lane of the Sir Solomon Hochoy Highway and their SUV was left abandoned at the side of the road. Rampersad’s vehicle was later recovered by police.

The couple was then driven to a bushy area in Gran Couva where Rampersad’s wife was released. It is believed Rampersad was moved from Gran Couva to another area unknown in Penal before he managed to escape. The silver car used by the kidnappers is believed to be a stolen vehicle.

The couple is said to be resting at their Orange Field Road home last night.

Officers of the Anti-Kidnapping Squad are continuing investigations.

kevon.felmine@guardian.co.tt

The two children who survived the La Brea quadruple murders have been getting counselling to help deal with the trauma.

Their father, Ronsworth Chapman, told the T&T Guardian yesterday that as his children, ages 12 and eight respectively, did not know when the horrible murders of their mother Abigail Jones Chapman, their sister Olivia, their landlord Michael Scott and their sister’s friend Michaela Mason had taken place even though they were in the upstairs apartment where the crime was committed.

Chapman said the children Kacey and Amy were taken from Scott’s apartment before the bodies were found and taken to his home in La Brea.

On Wednesday afternoon, he said he sat them down, together with relatives and church members and told them of the deaths. He said while they cried and will cry more in the coming weeks, they were coping well.

He said the counsellors attached to the Police Service’s Victim and Witness Support Unit visited them on Wednesday. As he organised to have the funerals done next week, the children were spending time at a relative’s home.

“They know it is a loss, but they will not be able to fully assess what has transpired,” Chapman said.

He smiled as he spoke about Olivia, saying she was a very likeable and fun-loving person who would make any group of people laugh.

“She was a young lady with a lot of potential to accomplish a lot of incredible things. She loved music, she liked drawing and she started from a very young age. She has been swimming at the indoor arena in Point Fortin since primary school.”

Describing the murders as unfortunate, he said: “When I looked at the history of things, this should not have happened.”

He said he saw the suspect a few times at the Seventh Day Adventist Church in La Brea and never thought he was capable of such violence.

On Tuesday, La Brea police discovered the bodies of Jones-Chapman, Olivia, Mason and Scott at inside an apartment at Khani Settlement, Sobo Village, La Brea.

A group of men who worked with Scott reported to police that they went to Scott’s home after numerous calls to his phone went unanswered. When Woman Sgt Taitt and Cpl Ramsaran, arrived at the house, they found Jones-Chapman’s other two children, Kacy, 12 and Amy, eight, in Scott’s apartment.

They forced open the door to Jones-Chapman’s apartment and found Scott’s body was slumped behind the door with his head bashed in. Jones-Chapman, 41, a Spanish and Physical Education teacher at the Southern Academy of the Seventh Day Adventist, La Romaine and Olivia, 16, a Point Fortin East Secondary School student, were found beaten to death in the living room. Mason, 14, in the kitchen with her throat slit.

radhica.sookraj@guardian.co.tt

Newspapers can help prevent incidents of human trafficking if the publisher’s filter advertisements related to escort services, high paying shipping jobs and modelling agency careers, says President Anthony Carmona.

He was speaking during a visit at the Cedar Grove Private School in Palmiste yesterday.

Carmona, who will demit office on Monday, has been visiting schools and communities to speak out on issues including human trafficking, gender equality, climate change and equal opportunities during his five-year tenure.

Addressing students and teachers, Carmona condemned newspapers for continuing to facilitate human traffickers by accepting their advertisements.

“I have spoken to the press about why they are allowing certain ads to be on the papers, like ads about escort services, ads to be a model and international shipping, these are the facilitators for human trafficking but the press refused to touch it. We need more corporate social responsibility,” Carmona said.

He added while there may be legitimate ads, there were other means to get messages across to the public.

Further, Carmona called for greater advocacy for gender equality, and equal place for women, adding that under his tenure the highest number of women were appointed in commissions.

“For the first time, I appointed a woman to head the Public Service Commission. For the Equal Opportunity Commission, I appointed Lynette Seeberan-Suite. I realised that over the years we patronised women in appointments by giving them soft responsibilities. When you go to university women are topping the classrooms yet in the boardroom women are the secretaries and not the managing directors,” Carmona said.

He also lamented that T&T’s society was being affected by a nonchalance to crime.

“We are losing the sanctity of human life. When you pick up the papers you feel as if you are reading a tabloid. There is a tacit indifference to crime. On one day five people were murdered,” Carmona said.

The outgoing- President noted that people should not focus on casting blame but should instead solicit ideas for change from the simple citizens of T&T.

He also expressed pride that the teenagers of T&T were taking their place as the vanguards of climate change, adding that the adults of T&T were simply not doing enough to transform T&T’s society.

The family of the lone suspect wanted for the murders of Abigail Jones-Chapman, her daughter Olivia Chapman, landlord Michael Scott and friend Michaela Mason, is hoping that he is caught alive.

Up the yesterday, the suspect, whose alias was “Snake Man,” had not been found by police. Relatives believe he may be hiding in East Trinidad.

Homicide and National Security Ministry investigators visited the suspect’s family in Gonzales Village, Guapo yesterday as they continued their search.

Anthony Mathison said while he heard that his relative was responsible for the murders, he couldn’t say what happened or why.

Mathison said the suspect’s mother fell ill almost immediately after learning of Tuesday’s murders and his alleged involvement. When the T&T Guardian visited the home, officers of the Homicide Bureau of Investigations, Region Three, were taking a statement from the suspect’s mother.

“She is just taking it on, worrying up herself. She has a goitre and she is worried. I am too, I am worried and shocked by it. I was not expecting this so I don’t know I can’t say. Since he left here, I have not heard anything from him. We are not getting in contact with him and his phone is off so it has to be something, but only God knows what,” Mathison said.

He said the suspect only came to the family home on occasions as he was staying with Jones-Chapman’s apartment at Khani Settlement, Sobo Village, La Brea.

He said the suspect was a mason but last worked as a security officer. He confirmed to the officers that they had family in Lopinot and Arima, along Pinto Road, Demerara Road and Jacob Hill.

A Customs Officer was yesterday charged for allegedly receiving a package containing US$149,960 in cash.

According to a police report, the money was concealed in seven packs of Haynes vests.

The seizure took place at the Amerijet Caribbean Express Bond in Piarco.

The Grade II Customs and Excise officer with over 13 years of service, identified as Radesh Ramnath, 44, of Penal, allegedly went to the Bond just after noon on Monday to collect a package which originated from North America.

The officer was subsequently taken to the Piarco Police Station and later handed over to the Financial Intelligence Bureau.

The officer was charged with importation of prohibited goods and importation of concealed goods to deceive Customs officials, contrary to the Customs Act. Ramnath was charged by Customs Officer 2 Kurt Theodore.

A 35-year-old man was killed and his girlfriend shot while they were walking along a road in Enterprise on Wednesday night.

The man identified as Avinesh Boodoo, who was shot multiple times died while undergoing emergency treatment at the Chaguanas District Health Facility. His girlfriend, whose name has been withheld by police, was shot in the knee. She was treated at the health facility.

According to a police report, at about 11.30 pm, Boodoo and his friend were walking along Bynoe Trace, Enterprise, when they were confronted by and shot by the gunman. The gunman managed to escape. Investigations are continuing.

Senior Counsel Martin Daly says the decision by Prime Minister Dr Keith Rowley to seek the interpretation of the courts in determining the question of sabbatical leave for judges “is a very sensible and necessary decision,” given that it is “not simply a question of whether the CJ has that term and condition,” but “whether judges both present and future will have that condition.”

He said once something is awarded to the judges it cannot be taken back and the ramifications could be very costly, adding “that is a very sensible decision and I am very satisfied with that.”

However, he said he believed it was the “only course of action open to the Prime Minister because a genuine dispute had arisen about whether it is or is not part of the terms and conditions of the judges,” and the only place it can “authoritatively be determined is the court.”

On the issue of the vacation leave, Daly said the Prime Minister’s surprise at the 35 weeks accumulated leave the CJ claimed to have entitlement to was understandable. He said while it is written in law and laid down in black and white, “it is difficult to see how you could have an allocation, given what is written in law, how you could have nine months inside unless you were accumulating leave apparently in defiance against the prohibition of accumulation.”

Unlike other senior counsels who spoke with the T&T Guardian, Daly was not surprised the PM did not move to invoke Section 137 of the Constitution.

“I don’t think the time for disclosure of 137 has arisen,” Daly said.

He explained that if the PM is going to move under Section 137, “there are some preliminary procedures and protocols that he has to observe and I don’t think we can expect him to tell us at this stage that he is going that route. He may be going that route, he may not, but I think it’s expecting too much for him to show his hand on that.”

But Daly said it was unclear whether the advice the PM sought from senior counsel separate from the Attorney General was “on 137 or something else. But I think it is entirely right, given all the things that the AG had been saying, that he take his own look.”

According to Daly it was “far too premature and ill-advised for the AG to keep saying that the threshold for 137 had not been reached.”

Daly would not go as far as saying the PM had no confidence in the AG, but said it was a “sign that the AG needed to be a bit more discreet with his pronouncements.”

Questions are being raised as to why Prime Minister Dr Keith Rowley failed to invoke his authority under Section 137 of the Constitution, in the face of his own stated concerns that Chief Justice Ivor Archie did not have the authority to change the terms and conditions of his service nor was he entitled to accumulate his vacation leave, as this ran contrary to the law.

At a news conference yesterday after the Cabinet deliberated on the unfolding public saga about sabbatical/vacation leave involving President Anthony Carmona and Archie, Rowley made it clear it was his view “the President has no authority to abrogate unto himself, nor does the Chief Justice have the authority to change the terms of engagement of any member of the judiciary, particularly the Chief Justice.”

Avory Sinanan SC told the T&T Guardian by the PM’s statement “prima facie, that gives rise to a wrong doing which ought to be investigated whether it involves misbehaviour in public office and you don’t have to go to court for that.”

Sinanan said the sabbatical is a “different issue. That recedes into the background and it is not unreasonable for the Prime Minister to go to the court to get an interpretation.” The question now, he said, has to do with the 35 weeks accumulated vacation which Archie says he is entitled to.

Rowley admitted to the media yesterday that the first he knew of the development of the CJ’s decision to backtrack from the sabbatical and to instead utilise 35 weeks vacation leave was through the media. He was not informed by the President. The development and advice which he got from senior counsel caused the PM to write a second letter to Carmona in as many weeks.

In the letter, dated March 15, Rowley told Carmona he could not “disagree” with the CJ’s admission that there was need for a “legal interpretation of the 98th Report of the Commission as it relates to Sabbatical Leave.”

On the issue of the accumulated vacation leave, the PM told Carmona that both the CJ and the President, as a former member of the higher judiciary, should be aware of the provisions of section 3 of the Judges Salaries and Pensions Act and section 6 of the Judges (Conditions of Service and Allowances) Regulations (No. 2) regarding the definition of “judge” and the accumulation of vacation entitlements.

The regulations detail the periods of leave as Easter and Christmas and six weeks vacation per annum for a justice of appeal and four weeks vacation per annum and six weeks vacation per annum respectively in alternate years for a puisne judge. The regulation is clear that vacation “shall not be accumulated from one year to another.”

Sinanan said when the CJ “switched horses” and told President that “I want to be out of the country for 35 weeks on accumulated leave, when to all and sundry it will be readily apparent on the reading of the rules he is not entitled to that, and to tell the President that he is taking that, it gives rise to a wrong doing and it points to triggering 137 and warrants an investigation.”

He said in his view, the PM should not “tip toe around the issue,” but needed to “take the situation by the jugular and deal with it once and for all, if he really wants to rescue the judiciary and not let it go further down the drain.”

Israel Khan SC meanwhile felt that while the PM may have recognised there was a case against the CJ for misbehaviour, it may be that he did not want to act now because “the Prime Minister is a politician and the timing is not right.” He explained that if the PM were to exercise his constitutional right and trigger Section 137 of the Constitution, “he will want the new President to set up the tribunal and select the acting Chief Justice. He would not want the old President who seems to be agreeing with Archie with everything, doing that.”

But Khan felt it was only a “matter of days” before the Prime Minister took stronger action.

Even though Chief Justice Ivor Archie has changed his sabbatical leave to vacation leave, Government is still seeking the courts’ interpretation on whether sabbatical is really an entitlement for judges.

And Prime Minister Dr Keith Rowley now has a new concern for President Anthony Carmona to consider about Archie’s vacation leave — whether it’s lawful also.

Speaking at yesterday’s post-Cabinet media briefing on Archie’s controversial sabbatical leave - the basis and authority for which Rowley has disputed with Carmona — Rowley said Cabinet had objected to Carmona granting Archie’s sabbatical leave without Cabinet authority.

And if the Chief Justice is going on extended vacation leave, we draw the attention of other office-holders that there are laws governing these developments,” the PM said.

Among reasons for seeking court ruling on the sabbatical issue, Rowley revealed, is conflicting legal advice. He said one set of senior counsel advice was received by the Attorney General and another was received by him.

He said the Cabinet was told yesterday the senior counsel advice the AG received showed there is a case for sabbatical leave to be accessed. But Rowley said (local) independent senior counsel advice which he received independently was different.

He refused to identify his SC, but said he was following the advice since the peculiarities of Section 137 — facilitating a probe to see if a chief justice has misbehaved in office — is an action to be taken by a prime minister alone.

He said he sought the independent advice but not in relation to Section 137. But Rowley noted the situation is unfolding.

Rowley said he wrote to Carmona again yesterday volunteering his advice on the matter and noting in his letter the sabbatical matter “is now a looming constitutional crisis.”

He said he also spoke to Archie, but added that in the new position of Archie’s vacation leave it was critical that “... both these officers take note of the written conditions laid down in law, in so far as use/access of leave by members of the judiciary, including the chief justice.”

He said the law spells out how leave should and shouldn’t be applied.

Rowley said he’d been taken aback by Carmona’s recent letter citing the SRC’s report as the basis for the sabbatical leave. He said the terms/conditions for office holders paid by the Exchequer require such authority for payments lying with the Cabinet. He said the SRC report favoured the sabbatical “in principle,” but it wasn’t part of SRC’s specific recommendations.

Rowley said according to the advice he got, there’s no provision for sabbatical by the SRC. Therefore, he said Cabinet felt there’s no authority to allow the CJ to go on sabbatical.

“Had he proceeded there would have been consequences of one kind or another,” Rowley hinted.

After Cabinet discussions on the matter, he said it was felt the President had no authority to arrogate power unto himself himself, nor had the CJ authority to change the terms of any judge.

“Such authority lies with the executive and as head I’ll guard that zealously,”Rowley declared.

“This development was wholly unnecessary and needs to be dealt with frontally and decisively.”Rowley said he therefore told Attorney General Faris Al-Rawi to take steps to have the courts interpret the sabbatical issue to clarify - in the face of contrary opinion - whether there’s legitimate expectation of anyone in the judiciary to access it.

Carmona’s letter to Rowley on the issue had said Archie had legitimate expectation on the sabbatical.

Rowley particularly cited Archie’s statement - on changing sabbatical to vacation leave - which indicated the CJ was reserving his option to access sabbatical leave.

So the sabbatical story is still alive. In light of what the President and Chief Justice acted upon in this, it’s imperative it be clarified,” he said, adding Archie was causing the matter to be tested.

Rowley said the court aspect didn’t mean suing anyone, but seeking ruling. He added the sabbatical was about changing terms/conditions and there was a “serious cost” on terms/conditions of state employees and that authority lies with the executive.

Asked if the court ruling will have any potential impact on any decision by Rowley on Section 137, he said, “Not that I know if. It’s meant to ensure no ambiguity with accessing sabbatical leave by members of the judiciary.”

On whether it would be a conflict if judges in courts ruled on such a matter affecting judges, he said there’s a “court of last resort” to deal with such issues.

Gail Alexander

Prime Minister Dr Keith Rowley Rowley yesterday said the matter of Chief Justice Ivor Archie's vacation application is purely in the realm of President Anthony Carmona to determine whether the law on terms/conditions of vacation is observed by those accessing and granting such leave.

He said Cabinet has no role in Archie applying for vacation. However, he said he had noted to Carmona in his letter, the law that applies to terms/conditions for members of the judiciary.

"It's for them to conduct themselves according to the law," he added.

Rowley's letter to Carmona noted Archie's claim to using a portion of his vacation entitlement based "upon his purported entitlement to accumulated leave of 35 weeks."

Rowley added, "I trust that as a judge, the honourable Chief Justice and Your Excellency, both in our current office and as a former member of the higher judiciary, have borne in mind the provisions of Section 3 of the Judges' Salaries and Pensions Act and Section 6 of the Judges (Conditions of Service and Allowances) Regulations (No 2) regarding respectively the definition of 'judge' and the accumulation of vacation entitlements."

Rowley said he trusted Carmona has or in due course will receive a new request from Archie to go on vacation leave on the basis of accumulated leave and that there will be a recommendation for an acting CJ.

Rowley added, "I await your invitation to consult on this recent development ..."

The T&T Guardian understands that Carmona has been reviewing the CJ's new request to go on accumulative leave after he received the correspondence on Tuesday. Supreme Court judges said yesterday that it was unusual for judges to accumulate leave since their vacation coincides with the court's vacation.

The PM also said yesterday that he'd received no complaint on Archie in the context of Section 137. Whether he still has confidence in Archie serving as CJ, he said when that changes, he'd let people know.

Rowley said the situation wasn't a constitutional crisis, but if not properly handled by those duty bound to handle such matters, it can "get out of control."

He said one way or other there'll be a CJ or acting CJ for Monday's swearing-in of the new President Paula-Mae Weeks. (See Page A5)

On Carmona's tenure Rowley said (with a laugh), "We survived it.. I don't want to be the person marking that paper...sometimes you need historical perspective..."

ACCUMULATED LEAVE FOR JUDGES NOT ALLOWED

Judges’ Conditions of Service and Allowances Regulations No.2

Section 6(1) In addition to the Easter and Christmas vacations a Judge is entitled –

(a) in the case of a Justice of Appeal to six (6) weeks vacation per annum; and

(b) in the case of a puisne Judge, to four (4) weeks vacation per annum and six weeks vacation per annum respectively, in alternate years.

(2) The Vacation provided for in sub-regulation (1) shall be taken at such time or times as may be approved by the Chief Justice and shall not be accumulated from one year to another.

(Source Laws of Trinidad and Tobago - Ministry of the Attorney General and Legal Affairs)

SABBATICAL RECOMMENDATION IN THE 98TH SRC REPORT

In its 98the report the SRC looked at a number of recommendations which came from Judges. It said it was “unable to support” proposals made in respect of “a Professional allowance, Duty Allowance and Security Monitoring Allowance at this time.”

A proposal for sabbatical leave was also recommended.

The SRC in its 98th Report said while the members of the Commission agreed “in principle” to the proposal, “we recommend that office holders be eligible for a maximum of six months,” after a “minimum of seven continuous years of service and thereafter the leave should accrue to an eligible office holder at a rate of 6/7 of a month’s leave for every additional year of service completed.

We consider that this leave should be provided for the following purposes:

(a) To participate in educational programmes that are related to the administration of justice, such as formal education programmes and teaching at educational institutions or study programme to improve the judges contribution; or

(b) to undertake a project that would contribute to improvements in the efficiency and effectiveness of the Court.

Approval for the grant of any such leave should be determined administratively by the Chief Justice taking into account of the exigencies of the Court’s operations. Additionally appropriate administrative arrangements should be developed by the Judiciary to give effect to the facility.