Trinidad Curfew

According to the PM, the State of Emergency has ‘saved our nation’ and brought about a greater sense of safety. Declaring the battle “has been won”, the PM said that the SoE substantially reduced criminal activity, disturbed the drug cycle, strengthened intelligence gathering capabilities of the protective services and improved joint army/police forces.

The PM however reiterated that the SoE remained and that Government reserved the right to impose a limited curfew if so advised by the National Security Council. She indicated that the Government would be improving its monitoring and surveillance capability and capacity as well as it would be embarking on several social projects including an employment generating initiative to generate over 20 000 jobs in low income communities.

The PM urged the citizens to be respectful of the law and thanked the many arms of the protective services; the Police, Defense Force and the Customs and Excise departments for their commitment to protecting the citizens of Trinidad and Tobago. She praised the members of the medical profession, Judiciary, emergency services as well as the business community for their patience and creativity during the period.

THE police sergeant who was arrested on the job in connection with an alleged plot to kill Prime Minister Kamla Persad-Bissessar and others denied yesterday he was in any way involved.

Attorney Keith Beckles issued a statement on behalf of the officer, who said his arrest was an act of revenge because of the role he played in the release of Selywn “Robocop” Alexis on a murder charge two weeks ago.

The officer said he also knew Attorney General Anand Ramlogan personally, and “loved” the Prime Minister and members of her Cabinet.

He has been in custody for the past week and was not one of the four men for whom detention papers were signed yesterday.

The officer was arrested while on duty at the St Clair Police Station by Sgt Ramdhanie, using authority of the Emergency Powers Regulations.

He was served with an authorisation detention order by Assistant Commissioner of Police Mervyn Richardson.

According to Beckles, the sergeant, who has not been served with any suspension or disciplinary notice, contends that the only reason for his arrest “is because he played an instrumental role in the release of so-called big fish—Robocop”.

Alexis was freed on November 11 in the Chaguanas Magistrates’ Court where he was charged with the murder, on October 7, 2008, of Chaguanas resident Vincent Simmons.

Alexis was charged with the murder after being arrested—a week into the declaration of the State of Emergency—at the exclusive One Woodbrook Place, Woodbrook.

He walked free after Senior State attorney George Busby announced in court “on the basis of information and evidence recently received in respect of the main witness, such evidence and information is now the subject of a police investigation and the DPP (Director of Public Prosecutions) no longer feels there is a reasonable prospect of conviction”.

According to attorney Beckles, the officer said that he received two calls on his cellphone from Alexis (who was in prison) who said he had tapes showing that he (Alexis) was innocent of the charge of murdering Emmanuel Vincent.

The officer said the tapes were delivered to him and he passed the evidence to Senior Supt David Nedd, head of the Homicide Bureau.

The sergeant said Nedd passed the tapes to DPP Roger Gaspard who acted on the information and freed Alexis.

This, he said, has angered the State.

He also said Alexis called him to say thanks.

Beckles said “the sergeant states quite categorically that he has absolutely no knowledge of any threats. In fact, he is closely associated to Anand Ramlogan who filed a constitutional motion on the officer’s behalf related to the seizure of his personal firearm”, a case that resulted in the return of the gun.

Beckles said the officer was interviewed by several police officers last Friday at the Four Roads Police Station, where he indicated he loved the Prime Minister and the Cabinet.

Beckles stated “the sergeant feels his arrest is purely political, an act by the State as ‘revenge’, as he played a pivotal role in the release of Robocop”.

Beckles said that the assassination allegations made by the police and politicians made no sense.

He said if the plot was real and was supposed to have been executed last Thursday, law enforcement had several elite crime-fighting units capable of setting up a sting and arresting all the players involved.

Beckles said legal action would be taken on his client’s behalf.

 

Via Trinidad Express

President of the Taxi Drivers’ Network Adrian Acosta yesterday said people waiting for taxis are being stranded during curfew hours because taxi drivers do not want to be caught breaching the curfew.

“They have to lock off at a certain time. Remember they have to go home too,” Acosta said.

Several areas in Trinidad are currently under an 11 p.m. to 4 a.m. curfew.

Acosta said that prior to curfew permits being issued, taxi drivers approached the Government to be granted passes but were denied.

“They (the State) seem to think of us as an invalid part of society. … If they had issued some of the taxi drivers curfew passes, we would have been able to help out the situation in transporting the public home safety and stay out a little later after the curfew hours, but they weren’t ready to help us out in that way so we have to now do things so that we would be able to reach home early,” Acosta said.

He added, “We have taxi drivers that work the night shift and would have been able to stay out a little later and see that they get to and from their homes. But other than that, we cannot help anybody because we then will turn around and end up being charged.”

One couple affected by this situation, Sheldon Corby and Jalina Hoyte, said they went to see a late movie and hired a car to pick them up after the show, but were set up.

Corby, 27, a pipefitter, and Hoyte, 24, a safety officer, were held at Library Corner, San Fernando around 11.30 p.m. on Friday.

The couple were among several people hauled before the Magistrates’ Courts in San Fernando and Port of Spain yesterday, all charged with breach of curfew.

Acting Deputy Chief Magistrate Rajendra Rambachan, in the San Fernando Magistrates’ Court, heard the couple were only on the streets after 11 p.m. because they could not get transportation out of the city.

Rambachan warned, “Time the movie better. Time yourself better during the curfew.”

Several other curfew breakers also had similar excuses rejected by the magistrate, who ordered that they pay $1,200 each, or serve jail time.

If they fail to pay the sum within two weeks, they risk serving four months in jail.

Among those convicted were Rosanna Boodram, Vanessa Forbes, Asha Ragoo, Angelene Edwards, Tannika Adams, Maureen Phillip, Dexter Simon, Allister McDavid, Anthony Perez, Morrison Alexander, Kurt James, Simba Roberts, Selvon Paul, Kevon Pedro, Clive Richmond, Anderson Rambarran and Keino Delphish.

Rambachan advised them to make all necessary arrangements to get home before curfew hours. They were arrested along High Street and Coffee Street and Lord Street, San Fernando, between 11.05 and 11.30 p.m. on Friday and Saturday.

No one was charged with liming outside at Charlie’s Bar, as police first reported. Owner of the bar Roland Attong yesterday told the Express his establishment was closed at 10 p.m.

In Port of Spain, Chief Magistrate Marcia Ayers Caesar yesterday imposed fines totalling in excess of $20,000 on a number of people who were arrested and charged over the weekend with breaching the curfew.

Of the 24 people who appeared in the Port of Spain Court charged with being outdoors during the 11 p.m. to 4 a.m. curfew hours, 22 of them were fined $1,000 and given one week to pay, or face a jail term of six weeks’ simple imprisonment. The other two pleaded not guilty and were granted bail.

Seven of those charged said at the time of their arrest they were on their way to a curfew party in San Juan. Several others were arrested in Woodbrook and downtown Port of Spain.

Later in the day, another man appeared before Senior Magistrate Cherril-Anne Blake charged with the same offence. He was held along Charlotte Street on Friday night and pleaded guilty to the charge.

Asked to explain his actions, the man said at 10.30 p.m., he went to his Port of Spain home but upon entering the house, he saw his wife in bed with another man.

He said, as a result, he left the house in order to prevent a physical confrontation with the two. He was also fined for the offence.

—Nikita Braxton-Benjamin and Rickie Ramdass

Via Trinidad Express

DIRECTOR of Public Affairs in the Trinidad and Police Service (TTPS), Sharon Lee Assang, was yesterday criticised for telling citizens they could be arrested even if they are in the yards of their homes after the curfew kicks in at 11 p.m.

At Monday’s daily police press briefing, Lee Assang stated citizens could be arrested for breach of curfew even if they were outside of their homes but within the boundary of their property.

However, at yesterday’s press briefing, Assang, who was asked to clarify the statements she had made on Monday, said because of concerns expressed by citizens with regard to the interpretation of the law, discussions will be held with members of the Legal Unit of the Police Service.

“We will wait on our legal department to make a determination,” said Assang, adding that the matter will be dealt with expeditiously.

However, speaking in the Senate at Tower D of the Waterfront Complex in Port of Spain yesterday, Opposition Senator Pennelope Beckles-Robinson said the statement caused some confusion among citizens.

“The communications officer said that outdoors means outdoors and you cannot be in your porch or gallery or wetting your plants or be found anywhere at all in your yard and you must be inside your house after 11 p.m.,” Robinson-Beckles said.

“I am advised today that the communications officer indicated that this information has been sent to the Legal Department of the Police Service for clarification and further interpretation so that the public may be given further information on this matter. I certainly would have thought that such clarification would have been sought before the officer made those comments.”

This prompted National Security Minister John Sandy to rise to his feet.

He said he himself heard of the report and he communicated with one of the deputy commissioners of police.

“I was advised that it was said in error and, it was sometime during the course of today’s (Tuesday’s) media briefing, that (it) was clarified that if you are in your compound you are not in any way breaching any law as far as the State of Emergency laws are concerned,” Sandy said.

Thanking Sandy for his prompt response on the issue, Beckles-Robinson said it can only be hoped that such errors are not made again because of the kind of confusion it created.

“If someone is given the responsibility as the communications officer of the Police Service, clearly one has to be extremely careful (when making) those utterances.

“I know for a fact that the Honourable Minister of National Security together with the former minister has made sure the Police Service now has, within its ranks, legal officers that can guide them and assist. So one can only hope that this sort of error would not repeat itself.”

Beckles-Robinson said similar mistakes were made when Prime Minister Kamla Persad-Bissessar said the State of Emergency was a “limited” one then recanted and said the entire country was under a State of Emergency.

“Then the Commissioner said the whole country was under curfew, then he said it was not under curfew.

“You would recall also that it was indicated that you could not have a party, then it was said that you could have a party.”

Beckles-Robinson also referred to the rising number of people being charged with breaching the curfew and the number of people who were charged under the Anti-Gang Act being freed. She said the validity and continued relevance of the State of Emergency must now be examined.

“It means that people are clearly getting fed-up and frustrated. It (the State of Emergency) has lost its way and therefore the time has clearly come for the Government to review this State of Emergency.

“What is taking place in the courts in Trinidad and Tobago shows that the events that are taking place in the country clearly demonstrate that there are some deficiencies in the Police Service. I will continue on another day in calling for the Government to end this State of Emergency,” she said.

Via Trinidad Express

Three weeks ago in this column I had cause to criticise a release issued by the Director, Public Affairs Unit of the Police Service to the media. Included in that release was a statement, “Kindly note that the Curfew Order 2011 proclaimed by the President for the imposition of the State of Emergency, states that the order is for Trinidad and Tobago and not just Trinidad”. At that time I pointed out that the release was misleading and misinformed: the President did not proclaim the Curfew Order (that was made by the Commissioner of Police) and the curfew is not applicable to the whole of T&T.

Now the police have a new PR voice in the person of ASP Joanne Archie who may have read the Emergency Powers Regulations and Curfew Order but for some reason seems bent on giving her own interpretation of them, which is not the law. These are some words attributed to her: “The Emergency Regulations speak about outdoors and we will go with what is said there…” Remember this is the (new) Police Public Information Officer (PIO) speaking to the media.

Under the Regulations made by the President of our Republic he has authorised the Commissioner of Police to “prohibit persons from being out of doors between such house as may be specified…”. That is the full extent of the Commissioner’s authority to make Curfew Orders. The Police PIO, and by extension the entire Police Service, under the SoE therefore have no choice but to “go with” outdoors. The Curfew Order issued by the police may only deal with persons being outdoors.

Therefore I ask, what business is it of PIO Archie or the police whether nightclub owners or others are having “curfew” parties? Who is she to advise bar/pub owners to desist? The powers of the police are circumscribed by the laws of the land. The State of Emergency makes no difference. The only additional powers that the police have are those given by the Emergency Powers Regulations and any Orders made by the President or the commissioner.

Any restriction on a citizen’s constitutional rights are to be strictly construed. Thus the curfew restrictions are to prevent persons in designated areas from being out of doors and that is all that the police can enforce. Whether the police prefer not to have persons assemble inside in large groups is irrelevant and the sooner officers like PIO Archie appreciate that, the better for all concerned. It is a further invasion of the rights of citizens that should not be tolerated.

As for the justification for this stance (as if there could be a justification for an illegal stance)— should something happen you may need to go outside for assistance this is just plainly ridiculous.

At present if I am in my home alone during curfew time and something happens I may need to go outside and break the curfew. If I am having a fun time with my partner I may get a heart attack and may need to go to the hospital —will the police then advise against sexual interaction during the State of Emergency for fear we will have to break the curfew? What if my neighbours and I decide to have an in-house party during curfew hours? Since there is always a possibility that “something could happen” (according to PIO Archie) we should desist and lock up in our house at 11 p.m. every night, retiring alone?

During a State of Emergency, like any other time, persons may be taken ill or there might be an emergency requiring persons to be out of doors. This is so whether you are alone or inside a club. If this should happen then persons will meet the consequences. That is their right. We don’t need a “big brother” to warn us of matters which are not illegal — best practices are not for the police to oversee at this time.

In the last nationwide State of Emergency in 1990 curfew parties were widely held and they served a need. Members of the public were less resentful of the limits and impositions once they knew there were avenues available for them to have some fun during this time. In fact during that SoE there were few voices that complained of the curfew even when it extended (from July) into December. This is a population that likes to party and lime, now faced with sudden restrictions. Curfew parties and such gatherings indoors therefore serve a useful purpose in making citizens otherwise compliant with the numerous incursions into their rights.

In summary, therefore, the police have no power at all to clamp down on club activities or parties in areas outside the curfew areas. Further, they have no business to warn off any club or pub (who have their licences to operate as such) from having parties. Once it is indoors it is not the police business.

If any police officer should try to stop any such gathering or party indoors on the basis of the curfew orders they should be dealt with in the courts of this country which for years have protected citizens from arbitrary invasions of the kind contemplated by ASP Archie.

Before it escalates to that level however, I hope the Commissioner of Police will put a stop to such nonsense and straighten out his Information Department.

 

• Dana S Seetahal is a former Independent Senator

Via Trinidad Express