VOLNEY FIRED: Was He the Scapegoat?

FIRED: Former Minister of Justice
Herbert Volney

The fiasco of Section 34 sparked widespread calls for the heads of the Attorney General and the Justice Minister. Last night in a 26 minute address to the nation, Prime Minister Kamla Persad-Bissessar offered up one, that of Justice Minister Herbert Volney.

In her address immediately following an extended Cabinet regular meeting yesterday, the Prime Minister informed the nation that she had advised Acting President Timothy Hamel-Smith to revoke Volney's appointment. The Prime Minister announced the appointment Attorney Christlyn Moore, a lawyer in the Office of the Attorney General as the new Justice Minister and Senator. 

Her live address to the nation definitively cleared the Attorney General Anand Ramlogan of any culpability or involvement in the scandal of the (Administration of Justice) Indictable Offences Act) and she placed the blame for the Section 34 debacle squarely at Volney's feet, stating that he misled the Cabinet. Persad-Bissessar further said that during her investigation, she learnt that neither Archie nor Gaspard had consented to the proclamation, which has allowed more than 20 criminal defendants, including UNC financiers Ishwar Galbaransingh and Steve Ferguson to petition the High Court to be freed based on Section 34, which allows a judge to dismiss a case against a person and find the person not guilty if ten years or more has elapsed since the commission of the offence and the trial had not begun.

It was Volney who piloted the final version of Section 34 in the Senate ("which, the Prime Minister noted, was not the version approved by the Legislative Review Committee (LRC) and thereafter by the Cabinet"). She also pointed that it was his Cabinet note which called for early proclamation, citing consultations with Chief Justice and the Director of Public Prosecutions.

She recalled that when Volney brought the note on August 9 to the Cabinet to proclaim Section 34 she specifically asked him whether the Chief Justice and the DPP had been consulted. She said Volney drew her attention to paragraph five of the Note which started that the Chief Justice had been consulted on the proclamation. "He then confirmed to the Cabinet that he had the support and approval of both the Chief Justice and the DPP on this matter," the Prime Minister stated.

"Early proclamation should never have occurred," the Prime Minister concluded.

"The approval of the Cabinet for this piecemeal proclamation was therefore predicated and based on the assurance and understanding that the Judiciary and the DPP were adequately consulted and fully supported the early implementation of this measure (Section 34) as a precursor to the rest of the act that would come into force in January 2013," the Prime Minister said.

But the Prime Minister said during her investigations that she spoke with the Chief Justice and "humbly requested" a report. The Chief Justice who provided a written report as well as the notes taken at a July 24 meeting with a specially appointed inter-ministerial committee, she said. She added that she also met with the Chief Justice and the DPP on Wednesday on the issue. "I am now satisfied that there was no prior adequate or proper consultation with either office-holder on the early proclamation of Section 34," she said.

She added that she was also satisfied that there was a "legitimate expectation" on the part of both officeholders that there would be no partial proclamation of this Act as this assurance had been given by Volney at the July 24 meeting.

The Prime Minister said all ministers had a "sacred duty and responsibility to the Cabinet in seeking to persuade the Cabinet to approve his or her note, present his case objectively, accurately in the knowledge that the Cabinet would act on his or her assurances and representations," she said.

"The Minister of Justice had a duty to faithfully and accurately represent the position and views of the Honourable Chief Justice and the DPP. He failed so to do and the Cabinet relied and acted on his assurances in good faith," the Prime Minister said.

"His failure to do so is a serious misrepresentation and amounts to material non-disclosure of relevant facts to the Cabinet which effectively prevented the Cabinet from making an informed decision," the Prime Minister said.

Persad-Bissessar noted that even after the concerns were first raised by the DPP, Volney told the Cabinet that both the CJ and DPP had agreed to the early proclamation.

The Prime Minister apologised to the President, the Chief Justice, the Parliament, the DPP and the country.

This was the seventh minister which Persad-Bissessar has axed in her relatively short two-and-a-half-year tenure as PM. She said, "tough decisions on integrity and performance were being made all the time". The Prime Minister said she had spoken with Volney yesterday and he admitted he made an error.

The Prime Minister however stressed that it was Parliament in its collective wisdom which "gave birth to Section 34".

She emphasised too there was no "nefarious intent" and that the amendment "targeted no particular persons, nor was it designed to protect any sectoral interests". The outcry was created because the bill would have provided an avenue for UNC financiers Ish Galbaransingh and Steve Ferguson and others in the Piarco fraud cases to escape prosecution. Section 34 was repealed last week,

The Prime Minister noted that "it was on the floor of the Senate without oversight by the LRC or the Cabinet," that the final version of Section 34, which changed the statutory limitation from ten years from the start of criminal proceedings to ten years from the date of the offence, was created.

The Prime Minister appeared to praise the public protest over Section 34, saying that she "embraced the debate and demonstration and welcomed those who feel so passionately about the nation".

Volney's termination is the eighth to be ordered by Persad-Bissessar since the People’s Partnership assumed power in May 2010.

She also revoked the ministerial appointments of Minister in the National Security Minister Collin Partap, Minister of Planning, Restructuring and Gender Affairs Mary King, Health Minister Therese Baptiste-Cornelis, Public Administration Minister Rudrawatee Nan Gosine-Ramgoolam, Minister in the National Security Ministry Subhas Panday, National Security Minister John Sandy, and Gender Affairs Minister Verna St Rose-Greaves.

BREAKING NEWS Herbert Volney Fired Over Section 34 Fiasco.

Herbert Volney Fired as
 Minister of Justice

In a lengthy address to the nation tonight, Prime Minister, Kamla Persad Bissessar broke her silence about early proclamation of Section 34 of the Administration of Justice (Indictable Proceedings) Act.

She indicated to the nation that the bill was first passed in the House without the infamous clause 34 and then amended and passed in the Senate with the support of the Independent members as well as the Opposition members.

"As a Cabinet, we must take collective responsibility" she said, however, every Minister must correctly and accurately informed the members of cabinet so that informed decisions can be made. She further noted that Volney had erred in this regard to accurately inform the members of the Cabinet, thus failing in his ministerial responsibility in presenting the note which gained the approval for the proclamation of Section 34. As such,  she has advise the Acting President Timothy Hamel-Smith that his appointment be revoked. 

Volney is to be replaced by Tobagonian Attorney at Law Christlyn Moore, who would take the position as a Senator and as the Minister of Justice.

Stay Tuned More to Come in This Story.

PM BREAKS SILENCE

Prime Minister Kamla Persad-Bissessar

Prime Minister Kamla Persad-Bissessar will finally be breaking her silence today after almost two weeks of public outrage over the early proclamation of Section 34 of the Administration of Justice (Indictable Proceedings) Act.

Persad-Bissessar yesterday walked around Laventille and environs where she met and encouraged residents to keep the peace.

Almost three hours later after the walk, when pressed by the media on the Section 34 issue, Persad-Bissessar responded: "I will be making a statement tomorrow after Cabinet."

Later, a release was issued by the Office of the Prime Minister stating that the Prime Minister will be issuing a full statement on the matter today after Cabinet is concluded.

The Prime Minister stated in the release:

"Soon after Section 34 was proclaimed, the Director of Public Prosecutions expressed concerns to the Attorney General regarding the implications and consequences of the event. The Attorney General sought an immediate audience with me and, having examined the matter myself, I was satisfied that the consequences and far-reaching implications of this section were not consistent with Government policy.

"In the circumstances, I gave instructions for the Parliament to be convened immediately to consider a Bill to repeal Section 34. I also summoned the Cabinet to an emergency meeting to discuss the matter. The Government therefore moved swiftly to successfully reverse the ill-effects and unintended consequences of this section.

"Apart from taking immediate and necessary action to repeal Section 34, I chose to remain silent on the issue of its early proclamation because a premature commentary on the matter before all information became available to me would have been injudicious. Since then I have been personally enquiring into the circumstances that created the situation before us today and will be issuing a full statement on the matter tomorrow, Thursday, September 20 after Cabinet is concluded."

Section 34 of the Administration of Justice (Indictable Proceedings) Act, 2011 was proclaimed by the President on August 30, thereby giving accused persons a legal avenue to apply to a judge to throw out a case if more than ten years had passed since the commission of the alleged offence and if the trial had not yet started.

On the heels of the proclamation, businessmen Ishwar Galbaransingh and Steve Ferguson, as well as other accused, applied to the High Court under Section 34 for their freedom.

The UNC financiers are accused of bid-rigging and conspiracy to defraud the Government of Trinidad and Tobago during the period March 1, 1997 to December 21, 2000, in the construction of the Piarco International Airport Terminal.

Last Tuesday the Prime Minister held an emergency Cabinet meeting and instructed that Parliament be reconvened to repeal Section 34.

On Wednesday and Thursday, the House of Representatives and Senate met respectively and Section 34 was repealed.

Early last Friday morning, the President signed the Proclamation Order repealing Section 34 which he had proclaimed just two weeks ago on August 30.

The furore continued, however, with Opposition Leader Dr Keith Rowley calling on citizens to march against the Government's handling of Section 34.

The Opposition argued that it had supported the Act because assurances were given that it would not be proclaimed until the legal infrastructure was put into place.

On Tuesday, Rowley led a march from the Red House to President's House where he presented a petition bearing 25,000 signatures to acting President Timothy Hamel-Smith which called on the Prime Minister to explain the section 34 fiasco and also revoke the appointments of Attorney General Anand Ramlogan and Justice Minister Herbert Volney.

On the same day that Rowley and thousands marched, Congress of the People (COP) political leader Prakash Ramadhar publicly apologised for his part in the Section 34 fiasco.

Ramadhar urged his own Government of which he is a partner, to come forward and explain the details that led to the passing of the contentious section.

Not only did the DPP take issue with the proclamation of Section 34 but the Criminal Bar Association and Law Association also stated that they were not consulted on this particular section.

Chief Justice Ivor Archie also spoke out on the issue at the opening of the 2012/13 law term, saying the implementation of any legislative policy to eliminate preliminary enquiries could not realistically have taken place before the first quarter of 2013.

Today, the country will hear from the Prime Minister herself why her Cabinet took the decision to proclaim Section 34 and whether anyone will be held accountable.

Strange Appearance" Prime Minister and Ashworth Jack featured in "50 Meets 50"

Prime Minister Kamla Persad Bissessar
and Minority Leader, Ashworth Jack
in  50 meets 50 last night.

In a surprise to patrons last night, Prime Minister Kamla Persad Bissessar and Minority Leader of the THA, Ashworth Jack appeared at the 50 meet 50 concert held at Canoe Bay-Tobago. In true political style, and public relation gimmick they both walked out from backstage holding raised hands to the crowd.

The  surprised crowd showed mixed emotion to the their appearance. Some cheered while they both waved with smiles to the crowds, while others grunt and murmured with disapproval. Their appearance came at the end of Taurus Riley's performance. 

"50 Meets 50"  was promoted as a mega show in which the two countries celebrating their 50th anniversary were featured. Artists represented from Jamaica were: Sizzla, Baby Cham, and Taurus Riley, while Artists from Trinidad were: Machael Montano and the HD family, shal Marshal, Tc, Ravi B and Karma, Roy Cape featuring Denise Belfond and Blacks.

Call for Tassa Drums to be Second National Instrument: Ridiculous !

Tropical Power Country Boys Tassa Group

Something which would have surfaced with a mephitis attached from the la basse of thoughts, is the description for the plea made by Tassa Association of Trinidad and Tobago (TATT), to incorporate Tassa drums as the second National instrument. Information reaching the public domain indicates that the TATT have made calls to the Prime Minister  Kamla Persad Bissessar to make Tassa drums the second National instrument. Wendell Eversley, vice-president of the Association, indicated that the call for tassa to be made the second national instrument of Trinidad and Tobago came from a historical perspective.

Wendell Eversley arguments are based on false premises. Citing that the pan we use are imported, and that the drum was here from the beginning (which was cited as slavery) was nothing short of man who seemingly missed the mark. There is little doubt that Mr Eversley failed to comprehend that the 'SteelPan' is not a barrel filled with oil. Rather, it is an instrument created by the Republic of Trinidad and Tobago chromatically pitched and tuned in such a way that it provides harmonic notes on a musical scale. On the contrary,  research have indicated that the tassa drum dates back to 4000 years ago, to the Persian region of Karbala which is now known as present day Iraq. Over the years the drum was associated with present day Afghanistan, Pakistan and finally India where many of the rhythms of tassa originated.

Try as I may to disassociate this from a subtle ethnic overtone, research has unearth data which supports that the Tassa Drum was brought here by indentured workers to the Caribbean in the 19th century somehow flourishing in Trinidad within the Muslim Hosay festivals. And although Pan may be viewed primarily as an 'African' instrument, the fact remains unequivocally,  that steel pan is not an African instrument neither is it an East Indian instrument, it is a Trinidad and Tobago instrument, made, claimed and appreciated by all of its people. 

By all means, tassa drums and its rhythms are part of our culture, it is part of our heritage and as such must be preserved. However, to ask to be placed as equal to that of an instrument invented by its people is too ask to much and a slap in the face of the people who've worked hard and tirelessly to have it recognized as it is today, and a slap in the face of the people it represents. 

This idea of a second national instrument, (which was taken by Mohammed back to India after the wars with the Persians), is outright preposterous, and frivolous. It bears no National significance other than it was brought here by indentured immigrants, and quite frankly should not be esteemed higher than a grand piano. Is it an 'Indian time' request that seemingly would augur well with our Indian Prime Minister and Administration? Why wasn't this brought to the table over the ten (10) years reign of the other regime? Is it another way to glorify race pride? The answers to these questions I cannot give, as such I must leave them to the court of public opinion. 

Our golden jubilee anniversary is almost here, let us suggest ways that can stem the current trends. Let us suggest intelligible ideas which can serve as a catalyst to enhance integration of all sections and ethnic groups. Let our ideas indicate to the world that our nation have matured, that our nation is  ready to seen as stronger, more integrated, more united and a more cohesive unit.  

And may God bless our Nation.

Keshorn Walcott Welcome Home:- Receives Trini Goodies

Prime Minister Kamla Persad-Bissessar have Officially welcome home Keshorn Walcott, Gold Medalist in the Men's Javelin London 2012. A jubilant young man was all smiled as the massive crowd gathered at the Piarco Airport to welcome him. 

The Prime Minister presented him with a replica  plane of Caribbean Airlines and then announced that he would receive among other things:

1. Renaming of the Toco Light house to Keshorn Walcott light house

2. Twenty thousand (20000) sq ft of land in his hometown

3. 1 Million in cash

4. A House in Federation Park
5. An open scholarship to the University of Trinidad and Tobago