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Page 28 ISSUE 123 Friday 25th SEPTEMBER, 2015 LESS TALK NEEDED FROM CJ - a more common sense solution needed to fix criminality Story by SUNSHINE SPECIAL CORRESPONDENT There is something wrong with the logic of our Chief Justice Ivor Archie and the more I listen to him I am convinced it is the less he should talk. His rhetoric seems only possible on platforms of convenience for during the period of adversity he was needed to make strong statements; his silence was not just deafening but created a putrid smell in the atmosphere. No one can argue over the fact that the judiciary is overburdened. No one can dare argue over the fact that systemic failures over the years within the political directorates have contributed in one way or another to exacerbate this problem. No one can even argue especially in our current environment of spiraling crime that a new approach is not needed and new infrastructure is not required if we have to deal with the deviance and criminal behaviour that are taking place in our society. However, the question I must ask is where was the Chief Justice all the time? This is not a yesterday matter or an issue that has just received a level of currency. This matter is so old that it makes nonsense of his common sense talk and his advice about common TO THE EDITOR JUSTICE sense solutions to fix this matter. His verbal facility at the ceremonial opening of the 2015 – 2016 Law Term sought to exonerate judges from the maladies plaguing the judiciary but to many who hold a sense of history such a critique was not just wrong but plain outright dishonest. First of all, as much as I enjoyed seeing the back of the People’s Partnership, to date the plagues within the system up to their last five years in office are unfortunate. And even though the Chief Justice may counter with claims of disingenuity to the accusation, the fact that he noted that over the past five years three hundred billion was spent yet not a single sod was turned on a new judicial facility means that he has located the genesis of the problems of the judiciary to the People’s Partnership Government. This is not simply unfair but radically unjust especially when one reviews the plethora of ills he goes on to articulate that have invaded the prestigious judiciary of Trinidad and Tobago. One of the areas he mentions is the condition under which prisoners have been detained. And while all will agree that as a society we cannot be this uncivilized in treating with the rights especially of remand prisoners whose innocence is still presumed, I have not seen nor heard of any instance where a judge forced the Government by way of mandate or judgment to improve the constitutional rights of a single prisoner detained at any one of our prisons. Maybe there are judgments registered in this area but no change has been effected. As a matter of fact, if any judgment or mandate was registered and no action was taken how come the ones expected to take the action were never brought before the courts for contempt? To come now and talk about this as though there has always been this grave concern for the rights of prisoners is downright dishonest and to dated these only under the last administration is most unfortunate. An article written by Derek Achong and published by the Trinidad Guardian of December 6, 2013, helps us to make common sense of the presentation of our Chief Justice. Somehow the Chief Justice seems to have forgotten that Attorney Criston J. Williams in December of 2013 issued a pre-action protocol letter and a letter Oh the irony of it .. JUSTICE, as the name implies is an exact description of what JUS- TICE really is. JUST ICE... nothing more and maybe a whole lot less .Just like ICE has no form or identity when removed from its cold and barren environment, JUSTICE is identical in behavior. A block of ice loses itself entirely when it is removed from its deathlike frozen surroundings which cannot support any form of life. Placed in a glass of orange juice, kool aid, iced tea, Grey Goose or even plain water it melts and loses its identity. So too with JUSTICE, which, unfortunately, it loses itself in deceit, lies, untruths, bribes and trickery.... just a convenient ingredient to make a situation more palatable. Just like ICE, when it melts it can no longer serve the purpose for which it was bought. A necessary waste? maybe. Just something to think about. The more you think about JUSTICE, the more you realize there is NO SUCH THING... it is as temporary as an ice cube in a glass of lemonade on a hot day. Who has eyes to see, God bless them to see the truth, which withstands every onslaught the wicked and malicious shoot from poisoned arrows. LAWRENCE HOLDER of complaint to the Prime Minister to have him (the Chief Justice) impeached for failing to deliver judgments in a timely matter. To the many who may not recall, in the cases of Lester Pitman and Gerard Wilson, the Chief Justice failed to deliver the judgments in their cases for more than three years. CJ, as the attorney is affably referred to, alleged that Archie’s handling of the situation has the effect of seriously undermining the confidence in the administration of justice and as such was a breach of his clients’ constitutional rights. Now, the brilliance of CJ must never be overlooked because he produced a table to show that the tardy behaviour of our verbally facile Chief Justice ran antithetical to the norms of the judiciary. In 25 cases spanning over the past 15 years, judgments in our High Courts were delivered within a nine-month period yet in two cases before the Chief Justice, one was three years and nine months late and the other four years. So oppressive was this action that it drove the young attorney to threaten impeachment proceedings against an Honourable Chief Justice because according to his allegation his clients suffered tremendously as a result of the Chief Justice’s failure to deliver judgment in these matters. However, these two were not the only cases where the Chief Justice was tardy. There were other civil appeals where judgments were due that also were some four years late. One such incident is where “Archie led the appeal panel, involving People United Respecting the Environment and Rights Action Group against the Environmental Management Authority over the proposed construction of an aluminum (sic) smelter plant in La Brea…” There is much difficulty whether implied or stated when one, as the head of an organization, fails to take responsibility for the putrid state of that organization. No one individual is responsible for all the ills, which over the years have been aggravated as a result of systemic deficiencies and as such all must take responsibility. In addition, what is worse is when you pronounce in public on actions expected to be taken as a result of infringements of law as though there is an expectation or an implicit suggestion for those who have been challenged to protect and serve to do otherwise. So let me ask the Chief Justice what does he expect a police officer to do if s/he finds a citizen in possession of two joints of marijuana? Isn’t it the law that he ought to be arrested and brought before a magistrate to dispense punishment for the wrong that he committed? If that magistrate, given the evidence presented, believes that a custodial sentence should be applied, are you saying that he was wrong in judgment to so pronounce? The greater question is whether the Chief Justice can be trusted to dispense justice without prejudice one way or the other. However, the most ridiculous of all suggestions was the one based on opening up discussions as it relates to capital punishment. The argument the Chief Justice presents is that capital punishment is not a deterrent for the commissioning of the crime of murder. However, Chief Justice neither is a custodial Chief Justice IVOR ARCHIE sentence a deterrent for those who prey on our young women and deflower them. So help me with your logic? One would have thought that seeing the difficulties as it relates to capital punishment and most of them are as a result of the inordinately long time it takes for the judicial process to be executed that you would come up with recommendations that would result in reducing the time period. However, seeking to hold discussions because of what seems to be the failure of the judiciary makes no common sense. One cannot doubt your erudition especially in matters of law; as a nation, your respect is earned and you are loved given the tenderness of your age in the office you serve and your humility in dealing with the common folk. But even among the most scholarly of us there are moments when the light flickers, the beam dims and raises questions whether we possess the clarity of thought to hold the high office we possess. For the many who have lost a loved one prematurely due to the indiscretion of a deviant mind in our society we hope that that case never comes before you, Chief Justice, and that moreover very soon you will return to the platform of common sense to which we know you belong.
ISSUE 123 Friday 25th SEPTEMBER, 2015 No Triple Crown winner this year… DERBY DAY ON REPUBLIC DAY There will no Triple Crown winner in this year’s prestigious NGC Derby to be run off on Republic Day (Thursday September 24). Last year Momentum became the third Triple Crown winner since centralisation of horse racing at Santa Rosa Park, Arima more than two decades ago. However, there could be a Triple Crown trainer this year since John O’Brien has saddled the winners of the first two legs of the Triple Crown- War Maker in the Easter Guineas and Criminal Intent in the Midsummer Classic. Champion trainer O’Brien has three runners in the rich Derby - War Maker, Criminal Intent and Charismatic Groom, which will be ridden by American jockey Elvis Trujilio. Criminal Intent was a shock winner in the Midsummer Classic on May 30 (Indian Arrival Day) when he defeated the odds-on favourite, War Maker which ran a poor fourth over 1800 metres. Swept Away with jockey WILMER GALVIZ in the saddle, is one of the favourites for the DEREK COZIER Classic. They will both clash again this time over a distance of 2000 metres. Many turfites are saying that the Derby is a wide open race, but punters are banking on Charismatic Groom to take the rich event. Star Sapphire with Jamaican Omar Walker in the saddle could upset the pre-race favourite War Maker with Panamanian born jockey Noel Abrego astride. There are at least three other runners who can upset the two favourites- Bergeron Boy, Criminal Intent and Man to Come. To add a bit of Caribbean flavor in the Derby, Barbados has one entrant in the event- Poetic Licence, and Jamaica has one runner Kronus. Poetic Licence ran poorly in her first start at Santa Rosa Park on the Main Track in the Glenagle Stakes for fillies on Independence Day (August 31). The three year-old filly, who won the Barbados Derby over a similar trip, but on a turf track. The filly appeared not to handle the dirt track, but she is now racing on Lasix HORSE RACING ACTION By Azad Ali for the first time, which can probably reverse her form in the Derby. There are two other feature races on the 10-race card- the Diamond Stakes for W.I bred 3.y.o & over & Imported 2 y.o & over horses over 1350 metres. The hot favourite is Big Man In Town, who has not been defeated in his last eight starts. He will be reunited with jockey Noel Abrego, who switched to ride Thisoneisforrun in the President’s Cup on Emancipation Day. Big Man In Town was ridden for the first time in that event by jockey Dillon Khelawan. He is expected to be installed the 1-9 favourite. However, the “Big Man” will have to contend with the speedy Jamaican-bred Princess Popstar, who has Page 29 returned to form after an injury. Thisoneforrun, who will be partnered by Jamaican jockey Shane Ellis can lower the colours of “Big Man”. Holy Man trained by Shaffique Khan is in good form and can give “Big Man” a run for his money. In the other event – the Derek Cozier Classic open to W.I bred 3 y.o over 1200 metres- is a wide open event with 12 runners. This race can pose a headache for punters, which can result in a big Hi-5 payout. The winner can come from Blue Oracle, Swept Away Eatmydust, US Marshall, Delightful and Mikeisback. Seven jockeys from the USA, Venezuela Jamaica and Barbados will be throwing down the gauntlet to the local riders. Bergeron Boy in winner’s enclosure after his last start, beating Man to Come recently. Trainer SHAFFIQUE KHAN is at right. He is one to be considered tin the Derby Big Man in Town (favourite for the Diamond Stakes) with jockey NOEL ABREGO in the saddle being led into winner’s enclosure by owner BASKARAN BASSAW (left) and his son SANJAY after scoring his seventh consecutive win on Indian Arrival Day (May 30).
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