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Offline elan

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Re: Section 34 Thread
« Reply #30 on: December 23, 2012, 12:56:26 PM »
These fellas grossly disrespectful boy waysah. A lil broughtupcy when dealing with the Prezy nah.
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Re: Section 34 Thread
« Reply #31 on: December 23, 2012, 02:38:42 PM »
No wonder our football was going nowhere fast.
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Re: Section 34 Thread
« Reply #32 on: December 23, 2012, 03:04:33 PM »
dat man will order police to shoot people jus now.........wait
I pity the fool....

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Re: Section 34 Thread
« Reply #33 on: December 23, 2012, 07:45:19 PM »
"If I could spit on yuh i would, you are garbage"  "Ask yuh mudder"
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Offline Jah Gol

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Re: Section 34 Thread
« Reply #34 on: December 23, 2012, 07:52:58 PM »
"If I could spit on yuh i would, you are garbage"  "Ask yuh mudder"
we like it so
« Last Edit: December 23, 2012, 07:54:38 PM by Jah Gol »

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Re: Section 34 Thread
« Reply #35 on: December 25, 2012, 04:03:30 PM »
I dunno how this woman could premise the firing of Volney on his "failure to advise Parliament"... but leave Anand untouched, when as AG his role is to advise the Government on legal action/ramifications.  I want to see if the populace in TnT, particularly the legal and journalistic fraternities go let this one slide.  People deride Romney and say all kinda thing about the march... the march didn't have to be no tidal wave, just another drop in the bucket, another note in a steady drumbeat to get Kamla feet moving.
Here is the clearest explanation I have heard of why Anand can remain untouched from lawyer Robin Montano. It makes sense, take a listen!

First Up: Attorney At Law Robin Montano Explains Section 34.
<a href="http://www.youtube.com/v/wffbk927bt8" target="_blank" rel="noopener noreferrer" class="bbc_link bbc_flash_disabled new_win">http://www.youtube.com/v/wffbk927bt8</a>
« Last Edit: December 25, 2012, 04:07:15 PM by Socapro »
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Offline Bourbon

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Re: Section 34 Thread
« Reply #36 on: December 25, 2012, 04:51:25 PM »
http://guardian.co.tt/news/2012-12-22/volneycrazy-duet-targetting-2013-dimanche-gras-stage

Former Justice Minister Herbert Volney and calypsonian Crazy (Edwin Ayoung) have teamed up on the eccentric bard’s new song, The Fall Guy, based on the Section 34 controversy. The calypso will be launched at street parang fiesta, entitled Section 34, at 7 pm today, outside Volney’s Mt Lambert constituency office.

 

Volney is hoping the composition will take Crazy all the way to the Calypso Monarch finals. “I have a part in the tune,” he said, “In fact, we collaborated. He did the lyrics and I just spoke in the tune. His chorus is ‘I proclaim it, Aye Aye, I proclaim it.’ “The theme of the calypso is that I have nothing to be ashamed of over Section 34, its enactment and its proclamation. Who vex, ‘lorse’. That is exactly how I feel, of course,” said Volney.

 

The former minister has been working on today’s event for the past few weeks.  Since his dismissal in September, he said, he has been busy in his constituency office. “Well, I am a full Member of Parliament. My time is currently being spent on the ground in my constituency like never before, and I am seeing first-hand what it is like to be a true Member of Parliament,” he said.

 

With the loss of his monthly income as a member of the cabinet, Volney said an MP’s salary cannot really sustain his livelihood. Luckily for him, he receives a monthly allowance from his judicial pension plan after serving as a judge for 16 years, to add to the $15,000 salary he is paid as MP for St Joseph.

 

Volney was dismissed by Prime Minister Kamla Persad-Bissessar for allegedly misleading the Parliament into believing that all consultations on the controversial Section 34 of the Adminstration of Justice (Indictable Proceedings) Act had been completed before it was proclaimed. When asked in an interview yesterday if his MP’s salary was sufficient to support his needs, he said: “No! It is not, but fortunately I have a judge’s pension.

 

I earned my judge’s pension after working for 16 and a half years, and I don't maintain an affluent lifestyle. I live very humbly and I am able to get by.” Although he is not ashamed, Volney said he was hard-hit by his dismissal, as the Legal  Profession Act 1986 prohibits a former permanent judge from practising for ten years after retirement.

 

However, he boasted that he is a resourceful man and has other options. “I am unemployable as an attorney but I can give legal advice. As far as I know, I can be legal adviser or legal consultant. I am still a lawyer by training but at this time I am fully employed in the service of the people of my St Joseph constituency. I could leave the country, but I don't think I can leave at this age when I have so much to offer.

 

“I am a very resourceful man and I am useful, not just locally. I offer services for criminal-justice transformation and creating strategic alliances, and it is available, but of course, at a price.” But as Volney now calls on Persad-Bissessar to reinstate him to his ministerial portfolio, he said the person who erred in the passing of Section 34 was Director of Public Prosecutions Roger Gaspard, who he said was guilty of malfeasance.

 

 

Volney said disciplinary action should be taken against Gaspard, starting with his being censured in Parliament.

 

“Any inaction you see, when you have a duty to act, and you don't, that to me is malfeasance. It is in that context that word is used, especially when you have a constitutional duty to safeguard public interest prosecutions, and in this particular case he knew the Piarco Airport public-interest prosecution would have been in jeopardy, unknown to me and the Attorney General.

 

 

“Rather than raise the red flag before it was late, he kept silent and opened his mouth after actions were filed or it was proclaimed. “I think first he should be censured in Parliament and then I’ll think of it, as a Member of Parliament, and then see how it could be done constitutionally,” said Volney.
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Offline Bakes

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Re: Section 34 Thread
« Reply #37 on: December 25, 2012, 06:10:06 PM »
Here is the clearest explanation I have heard of why Anand can remain untouched from lawyer Robin Montano. It makes sense, take a listen!

First Up: Attorney At Law Robin Montano Explains Section 34.
<a href="http://www.youtube.com/v/wffbk927bt8" target="_blank" rel="noopener noreferrer" class="bbc_link bbc_flash_disabled new_win">http://www.youtube.com/v/wffbk927bt8</a>

This is de same Robin Montano, right? Right.

Montano is a UNC hack... and while what he says makes sense, I don't accept for one minute that he is presenting all the facts as they occurred.  For one, he presents a very big caveat "IF the Prime Minister was telling the truth...".  Volney claimed the DPP and CJ signed off ACCORDING to Kamla.  I haven't heard Volney's side... did he really say that?  IF he did, did he get the consent from the DPP and CJ?  It clearly wasn't in writing... did he get it verbally?

Aside from that... vis-a-vis Ramlogan's role.  Yes, the PM delegated certain responsibilities to Volney, but what role did Anand play in all of this?  Did he review the legislation?  Did he give any assurances to the PM?  And what of Kamla... why did she delegate such an important function to this contrived "Minister of Justice" portfolio, rather than having the government's lawyer advise on proposed legislation?

Montano on shit... he also saying that if the march is about "poor governance" then bring evidence.  Seriously?  He need evidence of poor governance from this gov't beyond what is already out there?  And let's NOT even talk about his claim that the print media is "anti-government"... that is irresponsible talk from a man of his standing.

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Re: Section 34 Thread
« Reply #38 on: December 27, 2012, 06:10:54 AM »
this is a very clear breakdown of section 34. But to me, it is still a smokescreen to protect those who are responsible.
First, if Mr Volney had the sole responsibility for invoking section 34, and there is no logical reason for it other than to benefit people who he socialises with, then sacking him is not enough. I'm sure Bakes can help here, but isn't this perverting the course of justice? Isn't there various laws being broken by Volney? Similar to insider trading, Volney used his position to benefit his friends? This is not a parking ticket. Its an international incident which has possibly allowed those involved in 2 of the biggest financial criminal cases in T&T history to escape justice.
If, as the PM states, it was solely due to Mr Volney, why has he not been charged by the DPP?

Second, government is a collective. The whole point of putting checks and balances in place is to spot errors and ensure that rogue or corrupt Ministers do not take advantage of their powers for their personal means. So, Volney says this law is good, and lies about its approval from the DPP and the chief justice. So, nobody is checking? None of the civil servants spot this? There's no checklist with signatures? The cabinet is not supposed to be a rubber stamp, it's supposed to be a failsafe. If you're putting your name to something, wouldn't you read it first? Ask questions like: Why do we need to pass section 34 at this time as it does nothing to help this law being created any faster. Why only section 34 and none of the other sections?

Third. The PM appointed Volney. She lives and dies by her decisions. If Volney was a person of poor character, and she gave him a newly created ministry with absolute powers, isn't she responsible? So, shouldn't she resign? If you appointed a man to run a childrens home who turned out to be a paedophile, you would resign. She appointed a man to a newly created ministry to oversee justice and he plotted and planned and manipulated the parliamentary system and committed a possible illegal act. You put him there love, so you are responsible.

 Bakes, I would be interested in your view regarding Volney and any laws that have been broken.

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Re: Section 34 Thread
« Reply #39 on: December 27, 2012, 07:06:56 AM »
so according to Montano the PM should be the one to go!   The report went to the Cabinet, the head of the cabinet is the PM..either she goes or the entire cabinet goes..and even if the report was false from Volney and was sent to the Cabinet was not Ramlogan a part of the Cabinet?  Should he not ahve said:  "Hold up snake man,"  "yuh mad or wha?  If we do dat then Ish and dem go walk and we go get blamed for doing this shit."

Did not happen, Montano come with ah half ass excuse.

Offline Bakes

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Re: Section 34 Thread
« Reply #40 on: December 27, 2012, 12:32:45 PM »
I don't believe Volney did anything illegal.  Section 34, generally speaking IS good law... in fact I am surprised that this isn't already on the books in TnT.  Every mature, democratic legal system has a similar "speedy trial" provision on the books.  However, two things about the law that drew scrutiny was the timing of it, it seemed arbitrarily geared towards helping the financiers... and that the DPP and CJ came out and said that they did not give consent to the version of the law that was eventually passed and repealed.

So if anything, Volney is guilty of doctoring the language after the DPP/CJ gave their agreement to one version (or he never sought their agreement at all) and subsequently lied and said they were in agreement with it.  It depends on what he actually told the PM... for all we know he never told her that they gave their consent.  All we have is Kamla's word that he told her X, Y and Z.

Even if she's telling the truth... lying itself is not a crime.  Now if he were here in the US I can tell you that that's something for which he easily could lose his license... but is TnT we talking about where everybody is friend.  Note that no one has raised the issue of professional sanction against him, either because there is no case against him (PM lying), or because there's no impetus to see him sanctioned.

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Re: Section 34 Thread
« Reply #41 on: December 27, 2012, 01:20:43 PM »
I don't believe Volney did anything illegal.  Section 34, generally speaking IS good law... in fact I am surprised that this isn't already on the books in TnT.  Every mature, democratic legal system has a similar "speedy trial" provision on the books.  However, two things about the law that drew scrutiny was the timing of it, it seemed arbitrarily geared towards helping the financiers... and that the DPP and CJ came out and said that they did not give consent to the version of the law that was eventually passed and repealed.

So if anything, Volney is guilty of doctoring the language after the DPP/CJ gave their agreement to one version (or he never sought their agreement at all) and subsequently lied and said they were in agreement with it.  It depends on what he actually told the PM... for all we know he never told her that they gave their consent.  All we have is Kamla's word that he told her X, Y and Z.

Even if she's telling the truth... lying itself is not a crime.  Now if he were here in the US I can tell you that that's something for which he easily could lose his license... but is TnT we talking about where everybody is friend.  Note that no one has raised the issue of professional sanction against him, either because there is no case against him (PM lying), or because there's no impetus to see him sanctioned.

Maybe its because he cannot practice law for 10 years after stepping down as a judge?

Offline weary1969

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Re: Section 34 Thread
« Reply #42 on: December 27, 2012, 01:59:28 PM »
"If I could spit on yuh i would, you are garbage"  "Ask yuh mudder"
we like it so

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Offline Bakes

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Re: Section 34 Thread
« Reply #43 on: December 27, 2012, 03:37:41 PM »
Maybe its because he cannot practice law for 10 years after stepping down as a judge?

Nah they could still take action against him... dai'z like saying yuh cyah give ah man jail time if he already in jail.  Just add it on.

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Re: Section 34 Thread
« Reply #44 on: December 27, 2012, 06:42:48 PM »
Maybe its because he cannot practice law for 10 years after stepping down as a judge?

Nah they could still take action against him... dai'z like saying yuh cyah give ah man jail time if he already in jail.  Just add it on.

No, I mean maybe that's why they haven't tried to take away his licence to practice. Like a man loses his legs then you take away his shoes!

But I still don't understand why a man can set out to trick a government into activating a law that has the only effect of setting free alleged criminals isn't illegal in some way. I mean if he opened the door of a jail and let a man escape, that's an offence, so why isn't this? If you lie to a court, it's an offence, but lying to the President, D.P.P., Attorney General, P.M., cabinet and both houses of the parliament isn't. Failing to declare a bank account with $10,000 is a matter for the integrity commission, yet section 34 isn't. Doesn't make sense to me!

Oh, and I definitely agree its a good law, as did both houses unanimously, but the implementation of section 34 serves no purpose without the other sections, except, of course, to allow certain people to walk free!
« Last Edit: December 27, 2012, 06:45:00 PM by Football supporter »

Offline Bakes

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Re: Section 34 Thread
« Reply #45 on: December 27, 2012, 09:46:22 PM »
No, I mean maybe that's why they haven't tried to take away his licence to practice. Like a man loses his legs then you take away his shoes!

But I still don't understand why a man can set out to trick a government into activating a law that has the only effect of setting free alleged criminals isn't illegal in some way. I mean if he opened the door of a jail and let a man escape, that's an offence, so why isn't this? If you lie to a court, it's an offence, but lying to the President, D.P.P., Attorney General, P.M., cabinet and both houses of the parliament isn't. Failing to declare a bank account with $10,000 is a matter for the integrity commission, yet section 34 isn't. Doesn't make sense to me!

Oh, and I definitely agree its a good law, as did both houses unanimously, but the implementation of section 34 serves no purpose without the other sections, except, of course, to allow certain people to walk free!

There's a difference between lying, lying under oath, and lying under oath about some matter that is material to the proceedings.  Only one of them is perjury, and actionable.  As for Section 34, it doesn't need any of the additional 'sections' in order to meet it's purpose, each of the sections of the TT code are good standalone laws.  The problem with the law as they passed it is that it was poorly written so as to handicap the State (prosecution).  For example, a law that says "All Men are Created Equal" is enforceable without any other sections of the criminal code to which it belongs.  However, add a few more words to read "but some men are more equal than others" and the entire effect/meaning of the law changes.  That is basically what happened with the law, there was no language limiting the right of redress to the defendant, so no matter if he was in hiding for 10 years and they couldn't find him... as long as ten years had passed the state was prohibited from prosecuting him.  Every other nation's laws has safeguards that stops the clock for delays NOT caused by the prosecution.

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Re: Section 34 Thread
« Reply #46 on: December 27, 2012, 10:01:19 PM »
No, I mean maybe that's why they haven't tried to take away his licence to practice. Like a man loses his legs then you take away his shoes!

But I still don't understand why a man can set out to trick a government into activating a law that has the only effect of setting free alleged criminals isn't illegal in some way. I mean if he opened the door of a jail and let a man escape, that's an offence, so why isn't this? If you lie to a court, it's an offence, but lying to the President, D.P.P., Attorney General, P.M., cabinet and both houses of the parliament isn't. Failing to declare a bank account with $10,000 is a matter for the integrity commission, yet section 34 isn't. Doesn't make sense to me!

Oh, and I definitely agree its a good law, as did both houses unanimously, but the implementation of section 34 serves no purpose without the other sections, except, of course, to allow certain people to walk free!

There's a difference between lying, lying under oath, and lying under oath about some matter that is material to the proceedings.  Only one of them is perjury, and actionable.  As for Section 34, it doesn't need any of the additional 'sections' in order to meet it's purpose, each of the sections of the TT code are good standalone laws.  The problem with the law as they passed it is that it was poorly written so as to handicap the State (prosecution).  For example, a law that says "All Men are Created Equal" is enforceable without any other sections of the criminal code to which it belongs.  However, add a few more words to read "but some men are more equal than others" and the entire effect/meaning of the law changes.  That is basically what happened with the law, there was no language limiting the right of redress to the defendant, so no matter if he was in hiding for 10 years and they couldn't find him... as long as ten years had passed the state was prohibited from prosecuting him.  Every other nation's laws has safeguards that stops the clock for delays NOT caused by the prosecution.

I get that, but the scandal of section 34 is that it was just one part of a much more important law. The bill was passed on the basis that all of the infrastructure was in place,before it was pronounced which would have taken at least two years,and more likely 5 years, in which case section 34 would not have effected the Piarco case because that would have begun by then, therefore the 10 years without charge stipulation would be moot. In order to facilitate the infrastructure process, only (I believe) sections 1,2 & 3 needed to be proclaimed.
Section 34 as a standalone law would never have been passed by parliament, as it required opposition support, and they would never have let Ish & Steve get away.
This is precisely why I asked if Volney had broken any laws, because section 34 specifically benefited certain people awaiting their trials.

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Re: Section 34 Thread
« Reply #47 on: December 27, 2012, 10:29:59 PM »
I get that, but the scandal of section 34 is that it was just one part of a much more important law. The bill was passed on the basis that all of the infrastructure was in place,before it was pronounced which would have taken at least two years,and more likely 5 years, in which case section 34 would not have effected the Piarco case because that would have begun by then, therefore the 10 years without charge stipulation would be moot. In order to facilitate the infrastructure process, only (I believe) sections 1,2 & 3 needed to be proclaimed.
Section 34 as a standalone law would never have been passed by parliament, as it required opposition support, and they would never have let Ish & Steve get away.
This is precisely why I asked if Volney had broken any laws, because section 34 specifically benefited certain people awaiting their trials.

No I think you're misunderstanding the issue.  There were no other parts to the "bill", Section 34 IS the Bill.  The "section" in Section 34 doesn't refer to a section of the bill, but rather a section of the Criminal code.  In other words, the purpose of the use of "section" isn't to denote that this bill is a part of a greater, complete bill... but rather it's used as a tab or space holder, so that you can know where to find this particular law within the criminal code, if that makes sense.

The issue isn't that "infrastructure" as you call it isn't in place... though yes, that's a problem too and the substance of the "lie" charges.  The issue is that the intent of the law was changed.

Typically the "clock" I referred to earlier doesn't start until the state charges the individual... and there was no time limit for bringing charges.  In other words, you commit a crime in 1970 and the state could still charge you, but once they DO bring charges, they would have 10 years to bring you to trial.  Remember they might have enough evidence to charge, but not enough to secure a conviction as the standards for each is different.  They need enough evidence to reasonably conclude you committed a crime (probable cause) to charge, but need enough to show guilt beyond a reasonable doubt to convict.  So after they charge they investigate further and gather more evidence, this takes time.  The original bill would have given them 10 years to gather that evidence and put you on trial.

The language was tweaked so that instead of saying they had 10 years after they charged you, it now said they had 10 years from the date you allegedly committed the crime.  So that 1970 crime?  They couldn't even bring charges against you today... at all, forget trial.

See this explanation by the COP... pay particular attention to number14 and 15.


Now for a bit of housecleaning... that "infrastructure" that they referred to means, does the Office of the DPP have the capability, manpower etc. to investigate criminal offences and ensure they can bring a person to trial within ten years of them committing a crime.  Second, does the Judiciary have the resources and logistic wherewithal to ensure that a trial can commence within that timeframe.  Both offices needed to sign off on that commitment before presentment to Parliament.  They signed off on being able to bring the defendant to trial w/in 10 years of being charged... but the language was changed so that what Volney told Kamla was that they said they could bring the defendant to trial w/in ten years of committing the crime, no matter how long it took for the crime to be discovered, and for the suspect to be charged.


Offline Bakes

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Re: Section 34 Thread
« Reply #48 on: December 27, 2012, 10:38:46 PM »
All that aside, I am mindfacked by the fact that they think 10 years under any circumstance is a reasonable enough time to bring someone to trial after charging them.  In the US and most other common law countries the statutes of limitation vary by crime, and apply to the commission of the crime.  For example, in Pennsylvania the statute of limitation for burglary is 5 years; Rape 12 years; Arson 5 years and Murder no time limit.  These numbers mean that the state have that much time to charge you counting from the date they claimed the crime was committed. 

That is separate from the "speedy trial" provision which doesn't consider the type of crime... no matter what you are charged with, once they decide to charge you they have ONE year from the date of arraignment to bring you to trial... not no ten years, that is madness.

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Re: Section 34 Thread
« Reply #49 on: December 28, 2012, 02:05:27 AM »
Maybe a lot of confusion around section 34 results from the terminology and legalese.

As I understand it, the act that was passed was the Justice (Indictable Proceedings) Act, 2011, of which there are 35 sections.  http://www.ttparliament.org/legislations/a2011-20.pdf

As you said, this is good law, but the controversial element is Section 34 which deals with timescale.

Parliament understood that this paragraph:
whether before or after the commencement of this Act,
a Judge shall, on an application by the accused,
discharge the accused and record a verdict of not guilty
if the offence is alleged to have been committed on a
date that is ten years or more before the date of the
application.


would be changed to something like : if the accused case has not been heard in court on a
date that is ten years or more after the date of the application.

Obviously, this second paragraph is my paraphrase and may not be exact.

Only sections 1, 2 and 34 were proclaimed on August 31st.

It was only section 34 that was repealed, not sections 1 and 2, which are necessary to "facilitate a seamless operational transition it is necessary for the Act to be proclaimed in part on August 31st 2012 in order to inform the need inter alia for the creation of eight new positions of Masters by an Amendment to the Supreme Court of Judicature Act.  This will give authority for the recruitment and appointment of Masters of the High Court by the Judicial and Legal Services Commission in order that the Act may be operationalized on its effective date of January 2nd 2013.”

There was no apparent legal reason for section 34 to be proclaimed on that day. The "infrastructure" as described above, was considered so important that the government agreed the provision that none of the sections (except 1 and 2) would be proclaimed until this was in place.

Before the Committee Stage of the Senate was concluded discussions took place (behind the Speakers chair) between Senator Al-Rawi and Anand Ramlogan about the impact of the proposed amendment to section 34 on the pending Piarco cases.   The Senators all agreed that once section 34 came into force Galbaransingh and Ferguson would be entitled to apply to have the cases against them dismissed.  Ramlogan assured the Senators that before the Act was proclaimed there would be full consideration of all issues, that all conditions requested in the debates in the House of Representatives and the Senate would be met and that a further review would be had, including an amendment of the Sixth Schedule to the Act to make the offences with which Galbaransingh and Ferguson were charged exempt from the application of section 34.

There is a section 34 timescale, although this is clearly created by a PNM minded person.

http://www.facebook.com/notes/opposition-leader/the-clause-34-timeline/419292051464999

Anyway, although I keep thinking that I've got my head around section 34, I'm still picking up new info. But I am shocked that such a blatant attempt to help people avoid justice could happen in cabinet when it completely ignores the provisions agreed in parliament. So if it isn't a criminal offence, it damn well should be!

Offline Brownsugar

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Re: Section 34 Thread
« Reply #50 on: December 28, 2012, 07:35:06 AM »
FS, here is a timeline that is more independent....a bit lengthy but good reading....

https://www.facebook.com/groups/sentinelTT/doc/346011085492604/
"...If yuh clothes tear up
Or yuh shoes burst off,
You could still jump up when music play.
Old lady, young baby, everybody could dingolay...
Dingolay, ay, ay, ay ay,
Dingolay ay, ay, ay..."

RIP Shadow....The legend will live on in music...

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Re: Section 34 Thread
« Reply #51 on: December 28, 2012, 10:10:42 AM »
FS, here is a timeline that is more independent....a bit lengthy but good reading....

https://www.facebook.com/groups/sentinelTT/doc/346011085492604/

Thanks, Brownie, but it says I "do not have permission to read this doc"  >:(

truetrini

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Re: Section 34 Thread
« Reply #52 on: December 28, 2012, 10:17:38 AM »
Part I

Timeline of Events related to Sec 34 of the Administration of Justice (Preliminary Inquiry) Bill
By Rhoda Bharath, Edmund Nigel Gall and 3 others in The Sentinel (Files) · Edit Doc
The timeline below represents the publicly disclosed events related to the accelerated proclamation of Sec. 34 of the Administration of Justice (Preliminary Inquiry) Bill / Act
 
1. Mar 2011: Consultations with the DPP re: Administration of Justice (Preliminary Inquiry) Bill commenced.  DPP responded 6th May 2011.  Neither Section 34 nor Schedule 6 as now contained in the Act  (i.e. AoJPI 2011 proclaimed on 30 Aug 2012) were in the draft bill sent by the Minister of Justice. [Ref 8]
 
2. 07 Nov 2011: Boodoosingh’s judgment in Galbaransingh and Ferguson was delivered.  Following is the full November 7, 2011 judgment of Justice Ronnie Boodoosingh in the extradition matter of businessmen Ishwar Galbaransingh and Steve Ferguson. [Ref 1].  AG Ramlogan retained James Lewis QC to advise on what course of action, if any, should be taken after the November 2011, ruling of Justice Ronnie Boodoosingh [Ref 7].
 
3. 11 Nov 2011: Administration of Justice (Preliminary Inquiry) Bill laid in House of Representatives for 1st reading [Ref 13].  Draft Bill at 1st Reading in the Lower House on has S34 deadline trigger as "the trial has not commenced within seven years after the proceedings were instituted" [Ref 2]. Hansard for 11 Nov shows the Bill being read for the 1st time and no debate on it - move to have 2nd Reading on 18 Nov 2011 [Ref 3].
 
4. 18 Nov 2011, Debate in the House on the Administration of Justice (Preliminary Inquiry) Bill began.  Section 34 was introduced in that Bill in the House of Representatives ("the House") Section 34(2) at start of 2nd Reading [Ref 2] states:
"34(2) On an application by the accused, a Judge shall discharge an accused if the proceedings were instituted prior to the coming into force of this Act and the trial has not commenced within seven years after the proceedings were instituted, except—(a) in the case of matters listed in Schedule 6; or
(b) where the accused has evaded the process ofthe Court and the trial on indictment has, for that reason, not commenced."
 
The bill was debated and the period increased to ten (10) years from seven (7) years during the Committee Stage [Ref 3, pages 133-134]:
"Question proposed: That clause 34 ordered to stand part of the Bill.
Mrs. Persad-Bissessar: Mr. Chairman, we propose an amendment to clause 34(2) as circulated:
“Delete the word 'seven' and substitute the word 'ten'‟.
Mr. Chairman: Thank you. I think the hon. Member—
Mr. Imbert: Yes, what is the policy behind going from seven to ten? Because this is a situation where there is a delay and you are allowing the judicial officer to discharge the accused. In your original Bill it was seven years, after a delay of seven years, now ten. Why ten? Are you picking this from some Commonwealth standard? Why ten?
Mr. Volney: No, you see, it is a paradigm shift and what we would like to do is to start with ten, to be conservative with ten, and at the appropriate time we could always lessen it. That is how we look at it at this time.
Mrs. Persad-Bissessar: Are you proposing that we keep seven?
Mr. Imbert: Yes, I do not know why you want to amend it. Ten years is a long time between charge and trial, you know—somebody waiting for ten years.
Mrs. Persad-Bissessar: Should we keep it at the seven, are you prepared to vote for the Bill? Would you vote for it?
Mr. Imbert: Yes.
Mrs. Persad-Bissessar: For the entire Bill?
Mr. Imbert: You hear us say we opposing the Bill?
Mrs. Persad-Bissessar: No, I do not know, I am asking?
Mr. Imbert: Did you hear us say we are opposing the Bill?
Mrs. Persad-Bissessar: Well, we will keep it as seven. I withdraw the proposed amendment.
Mr. Imbert: Mr. Chairman, I crave you indulgence, we went a little too fast. I just have one clause that we skipped over, clause 31 and that is it. Could we go back to clause 31?
Mr. Chairman: Okay, before we go to clause 31, let me just put the question because I do not want to leave this thing hanging. Are you withdrawing?
Mr. Imbert: Yes, I think they said so. They are taking out the amendment.
Mrs. Persad-Bissessar: Mr. Chairman, I have been advised by the Minister of Legal Affairs who has quite some experience in the criminal courts, that we would prefer to keep it, to amend it to ten.
Mr. Chairman: All right, so could I put the question, hon. Members?
Question put and agreed to.
Clause 34, as amended, ordered to stand part of the Bill."
 
Bill with Committee Stage amendments undergoes 3rd Reading and requires a special majority of three-fifths or at least 25 Ayes): it is passed unanimously by 35 MPs present [Ref 3].
 
5. 22 Nov 2011: Administration of Justice (Preliminary Inquiry) Bill laid in Senate for 1st Reading [Ref 13].  Hansard for proceedings on 22 Nov 2011 show the Bill being laid in the Senate and a motion being passed to move to 2nd Reading on 29 Nov 2011 - so no changes on 22 Nov 2011 [Ref 4]. At this time, draft Bill has Section 34 as follows [Ref 5]:
 "34. (1) Except in the case of matters listed in Schedule 6, where the proceedings are instituted on or after thecoming into force of this Act and the Master is not, within twelve months after the proceedings are instituted, in a position to order that the accused be put on trial, the Master may discharge the accused.
(2) On an application by the accused, a Judge shall discharge an accused if the proceedings were instituted prior to the coming into force of this Act and the trial has not commenced within ten years after the proceedings were instituted, except—(a) in the case of matters listed inSchedule 6; or(b) where the accused has evaded the process ofthe Court and the trial on indictment has, for that reason, not commenced."
 
Schedule 6 does not include fraud cases [Ref 5].
 
6. 29 Nov 2011: Debate begins in Senate on 2nd Reading [Ref 13]. Min. Volney in his opening remarks during the 2nd Reading, between 11:45 am and 12:00 noon, curiously says [Ref 6, pages 20-21]: "Clause 34 would provide for the discharge of the accused on the grounds of delay, except for the offences identified in Schedule 6 where the time of coming into force of this Bill, the trial at the assizes has not commenced within 10 years of the commission of the crime, the judge shall discharge the accused."
 
However, subsequent conributors to the debate still refer to S34 being based on the time of first proceedings. Sen. E. Prescott SC alludes to impact of S34 on fraud and bidrigging cases. He reads his version of S34 between 4:15 and 4:30 pm [Ref 6, page 115]:
'Clause 34(2)—and 34(2) is where the bane of the thing is: "On an application by the accused person, a Judge shall discharge an accused if the proceedings were instituted prior to the coming into force of this Act and the trial has not commenced within ten years after the proceedings were instituted…"
“If you have been brought to court and 10 years have passed since the proceedings have been instituted, a judge is bound to discharge the accused.
 
Mr. President, if you are charged in this country with fraud, with currency infringement, with bidrigging and you have enough money to take the matter to the Privy Council at each stage, 10 years later you are bound to find—you may well find, that you are  still at the initial hearing or the sufficiency hearing.
 
In short, current events tell us that it may take 10 years to get out of the masters‘ court in a sufficiency hearing.  And then all you have to do when you cross the 10 years deadline, go before the judge and say dismiss this case; discharge me here.  I do not know, because there used to be a doubt in my mind whether discharge means that there are not going to be any further criminal proceedings, but it would certainly lead to further constitutional proceedings if you try to charge him again.'
 

truetrini

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Re: Section 34 Thread
« Reply #53 on: December 28, 2012, 10:18:05 AM »
Part II

AG Sen. Anand Ramlogan SC, in his contribution made between 4:30 and 4:45 pm, notes [Ref 6, page 124]: “In highly complex and technical matters, in particular, in relation to financial crimes, fraud matters, this abolition of preliminary inquiries will serve us well because we have known that matters have taken a meandering, endless path through the labyrinth of our criminal justice system for quite some time now, with no end in sight.  The endemic backlog that presently exists, this will hopefully dynamite the log-jam and it is going to free up the system and have knock-on benefits down the road.”
 
Bill enters Committee Stage involving the whole Senate at 9:30 pm [Ref 6, page 224]. S34 amended upon motion by ex-Min. Volney between 11:15 and 11:30 pm [Ref 6, pages 280-281]:
'Question propose: That clauses 34 stand part of the Bill.
Mr. Volney: Mr. Chairman, I beg to move that clause 34 be amended as circulated: Delete and substitute the following clause:
"Discharge on the grounds of delay - Schedule 6
34. (1) Where proceedings are instituted on or after the coming into force of this Act and the Master is not, within twelve months after the proceedings are instituted, in a position to order that the accused be put on trial, the Master shall discharge the accused and a verdict of not guilty shall be recorded.
(2) Except—
(a) in the case of matters listed in Schedule 6; or
(b) where the accused has evaded the process of the Court, after the expiration of ten years from the date on which an offence is alleged to have been committed—
(c) no proceedings shall be instituted for that offence; or
(d) no trial shall commence in respect of that offence.
 
(3) Except—
(a) in the case of matters listed in Schedule 6; or
(b) where the accused has evaded the process of the Court,
 
where—
(c) proceedings have been instituted;
(d) an accused is committed to stand trial; or
(e) an order is made to put an accused on trial, whether before or after the commencement of this Act, a Judge shall, on an application by the accused, discharge the accused and record a verdict of not guilty if the offence is alleged to have been committed on a date that is ten years or more before the date of the application."
 
Question put and agreed to
Clause 34, as amended, ordered to stand part of the Bill.'
 
Draft Bill with Committee Stage amendments then proceeds quickly to 3rd Reading and vote. Division taken at p.m. as special three-fifths majority is required. Bill is passed unanimously by 29 Senators present and Senate adjourns at 11:34 p.m. [Ref 6, pages 283-285].
 
Opposition Leader says that [Ref 19]:
"Before the Committee Stage of the Senate was concluded discussions took place (as they say behind the President's chair) between an independent Senator, Senator Al-Rawi and Ramlogan about the impact of the proposed amendment to section 34 on the pending Piarco cases.  The Senators all agreed that once section 34 came into force Galbaransingh and Ferguson would be entitled to apply to have the cases against them dismissed.  Ramlogan assured the Senators that before the Act was proclaimed there would be full consideration of all issues, that all conditions requested in the debates in the House of Representatives and the Senate would be met and that a further review would be had, including an amendment of the Sixth Schedule to the Act to make the offences with which Galbaransingh and Ferguson were charged exempt from the application of section 34.  He pointed out that the amendment to the Sixth Schedule could be done under section 27(3) by a Minister’s Order or by way of amendments to the Act prior to proclamation. "
 
7. 09 Dec 2011: Draft Bill passed by Senate returns to the House [Ref 13] as required when Bills passed by the House are amended by the Senate [Ref 15]. Hansard shows Bill debate started between 6:00 and 6:15 pm [Ref 14, page 109].  MP Colm Imbert notes the significant change to S34(2) between 6:30 and 6:45 p.m. and asks for the reasons for the change [Ref 14, pages 126-127].  The Bill was passed unanimously by 37 MPs present without amendment between 6:45 and 7:00 p.m. [Ref 14, pages 132-134].
 
8. 16 Dec 2011 President of the Republic assents to the Bill – Act No. 20 of 2011 [Ref 13].
 
9. 17  Dec 2011 James Lewis QC presents his opinion on appeal as to extradition to AG Ramlogan [Ref 7].
 
10. 19 Dec 2011: AG Ramlogan announces his decision not to appeal Boodoosingh J's decision because Ish Galbaransing and Steve Ferguson will be tried locally [Ref 7].
 
10b. 20 Dec 2011:  AG Ramlogan, in responding to a release by the US Embassy on 20th Dec 2011, said in a statement:
"Of paramount importance is the question of where... the defendants are likely to be brought to justice in the quickest and shortest possible time.  Not appealing means that the way is cleared for courts in Trinidad and Tobago to commence the trial of the defendants without further delay.  It does not mean that the defendants will walk free without facing trial—a possible prospect if the State appealed. “The Attorney General has every confidence in the ability of the Supreme Court of Justice of the Republic of Trinidad and Tobago to competently and fairly try these defendants and deliver justice according to law.” [Ref 7]
 
11. Feb 2012: Ministry of Justice requested from the DPP an indication of the number of matters to which 34(3) of the Act would apply [Ref 8].
 
12. 22 May 2012, the DPP's office reponded by way of letter to the MoJ, advising thate there were forty-seven (47) matters for which committal papers had been received for offences committed more than ten (10) years ago and which were not covered by Schedule 6 INCLUDING Piarco 1. [Ref 8]
 
13. 20 Jul 2012, AG Ramlogan leaves T&T in period 20 Jul - 04 Aug 2012. [Ref 9]. Minister of Environment & Water Resources Ganga Singh acts as AG during his absence [Ref 16].
 
14. 24 Jul 2012, Judiciary and Justice Sector Committee meeting was held, with the ex-Min. of Justice Volney and DPP Gaspard in attendance.  According to the DDP's letter: "During this meeting, the effect and to some extent, the import of Section 34 of the Act were raised. This prompted a response by the Minister of Justice that Cabinet had made a decision." [Ref 8]
 
DPP maintains that "I had never been asked to comment on the significance of section 34(2) and 34(3), prior to the Bill being introduced into the Parliament of Trinidad and Tobago on the 11th of November 2011."  [Ref 8]
 
15. 06 Aug 2012, the ex-Min. of Justice Volney tabled Cabinet Note J (12) 29 which sought Cabinet’s approval to proclaim the Act with effect from January 1st 2013 [Ref 9, Ref 12].
 
16. 31 Aug 2012: Section 34 of the Administration of Justice (Indictable Proceedings) Act 2011 comes into effect due to partial proclamation by President.  Under this Act section 34(2) and 34(3) are of such effect that any matter involving offences committed over ten (10) years ago cannot now be tried unless they are excepted by Schedule 6 of the Act [Ref 10]. None of the assurances given by AG Ramlogan were effected [Ref 19].
 
16.1 2 Sept 2012: The Express' Asha Javeed is first to present to the public, the early proclamation of Section 34 and its implications for some high profile cases [Ref 20].
 
17. 12 Sep 2012: A Bill to repeal the “oversight” of the controversial Section 34 in the Administration of Justice (Indictable  Offences) Act 2011 is unanimously passed by 35 MPs in an emergency session of the House [Ref 11, Ref 17].
 
18. 13 Sep 2012: The draft repeal Bill moves to the Senate where it is passed by 25 of 30 Senators present - 5 [Independent] Senators voted against [Ref 17].
 
19. 14 Sep 2012: President assents to draft repeal Bill [Ref 18].
 
20. 20 Sep 2012: Leaked Cabinet Note J (12) 29 dated 06 Aug 2012 – published in Express – page 3 – refers to Cabinet Minute 1807 of 23 Dec 2011 as being relevant [Ref 12]. Hon. Prime Minister issues a Statement to the Nation after 7:15 p.m., in which she outlined her actions and advised that ex-Min. Volney has been fired [Ref 9].
 
21. 21 Sep 2012: Opposition leader issues his timeline of events surrounding S34 [Ref 19].  He said:
"Ramlogan owed the public answers to the following questions:
 
(i)                Why did he not appeal Justice Boodoosingh’s decision and apply to put fresh evidence before the Court of Appeal that section 34 now rendered a local trial impossible and that accordingly the basis on which Justice Boodoosingh decided that it was unjust and oppressive to extradite Galbaransingh and Ferguson no longer existed?
 
(ii)             Why did he tell the public that he decided not to appeal because there was to be a local trial when he knew that once section 34 was proclaimed Galbaranbsingh and Ferguson would be discharged?
 
(iii)           Why did he not take steps to amend the Sixth Schedule or section 34 to make sure that Galbaransingh and Ferguson could not rely on section 34?
 
(iv)           Why did he not advise Cabinet on August 6th that the proclamation of section 34 would mean that Galbaransingh and Ferguson would be entitled to be discharged?
 
(v)              Did he fail to do all of these obvious things because it was his government’s intention that Galbarabsingh and Ferguson should go free? Or was that result his own private intention?"
 
 
 
References:
1. Ruling by Justice Ronnie Boodoosingh, 07 Nov 2011:
http://www.trinidadexpress.com/news/ISH--Steve-Ruling-136342608.html
 
2. Version of the Bill tabled for reading in house 11 Nov and 18 Nov 2011:
http://www.ttparliament.org/legislations/b2011h31.pdf
 
3. Hansard for 1st reading in the House on 11 Nov 2011:
http://www.ttparliament.org/hansards/hh20111111.pdf
Hansard 18 Nov 2011:
http://www.ttparliament.org/hansards/hh20111118.pdf
 
4. Hansard for reading in the Senate 22 Nov 2011:
http://www.ttparliament.org/hansards/hs20111122.pdf
 
5. Version of the Bill tabled for reading in the Senate 22 Nov 2011:
http://www.ttparliament.org/legislations/b2011h31-1rS.pdf
 
6. Hansard in the Senate 29 Nov 2011:
http://www.ttparliament.org/hansards/hs20111129.pdf
 
7. Trinidad Guardian article, 11 Sep 2012, on QC Lewis' advice given on 17 Dec 2011 to AG Ramlogan:
http://www.guardian.co.tt/news/2012-09-10/qc-appeal-over-ish-and-steve%E2%80%99s-extradition-ag-ignored-legal-advice
 
8. Full media statement by DPP Gaspard, 12 Sep 2012:
http://www.trinidadandtobagonews.com/blog/?p=6707
 
9. Statement by PM Persad-Bissessar, 20 Sep 2012:
https://www.facebook.com/notes/kamla-persad-bissessar/statement-from-prime-minister-kamla-persad-bissessar/10151433378527846
 
10. Legal Supplement Part B–Vol. 51, No. 142 – Trinidad & Tobago Gazette, 30 Aug 2012:
http://www.ttparliament.org/legislations/ln2012-348.pdf
 
11. Trinidad Guardian article on Repeal of Section 34, 13 Sep 2012: http://www.guardian.co.tt/news/2012-09-13/mps-repeal-section-34-after-amendments
 
12. [need to add PDF of leaked Cabinet Note J (12) 29 - printed in Trinidad Express, 20 Sep 2012, page 3.]
 
13. Link to Parliament TT website which contains the documents related to the progress of the The Administration of Justice (Indictable Proceedings) Bill, 2011:
http://www.ttparliament.org/publications.php?mid=28&id=623
 
14. Hansard in House of 09 Dec 2011:
http://www.ttparliament.org/hansards/hh20111209.pdf
 
15. The Process of Lawmaking:
http://www.ttparliament.org/publications.php?mid=66
 
16. Trinidad & Tobago Gazette (Extraordinary), No. 128 - 25th July 2012:http://www.news.gov.tt/EGazette/Gazette%202012/Gazette/Gazette%20No.%20128%20of%202012.pdf
 
17. Progression of The Administration of Justice (Indictable Proceedings) (Amendment) Bill, 2012:
http://www.ttparliament.org/publications.php?mid=28&id=643
 
18. Assent of The Administration of Justice (Indictable Proceedings) (Amendment) Bill, 2012:
http://www.ttparliament.org/legislations/a2012-15.pdf
 
19. Media statement by Opposition Leader giving timeline from his viewpoint:
https://www.facebook.com/notes/opposition-leader/the-clause-34-timeline/419292051464999
 
20. Asha Javeed's release of the early proclamation:
http://www.trinidadexpress.com/news/President_moves_to_end_preliminary_court_enquiries-168290866.html

truetrini

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Re: Section 34 Thread
« Reply #54 on: December 28, 2012, 10:21:23 AM »
JUSTICE-GATE TIME LINE re: Administration of Justice (Indictable Proceedings) Act 2011 Section 34
by Niala DB on Thursday, September 13, 2012 at 12:12am ·
SECTION   34   TIMELINE
(some parts have been copied and pasted from the online news becaue I am not a legal luminary and don't want to make incorrect edits)
_________________________
1995-2001: Steve Ferguson and Ishwar Galbaransingh allegedly defraud the Republic of Trinidad and Tobago of over $1 billion in relation to construction contracts in the new Piarco Airport Project.
 
March 2011: Director of Public Prosecutions (DPP) senior counsel Roger Gaspard consulted about theAdministration of Justice (Indictable Proceedings) Act 2011 . DPP not asked comment on the significance of section 34(2) and 34(3). At this time section 34 or Schedule 6 as now contained in the Act  were not in the draft bill sent by the Minister of Justice.
 
6th May 2011: Director of Public Prosecutions senior counsel Roger Gaspard comments on the act
 
7th Nov 2011: Justice Ronnie Boodoosingh's decision to quash the extradition of Steve Fergusson and Ishwar Galbaransingh on corruption charges. (This simple means that the court deems thhat TT is the best place to try both men)  THE BILL IS LAID 4 DAYS LATER.
 
11th November 2011: the Bill is introduced into the Parliament of Trinidad and Tobago
 
29th November 2011: Clause 34 is changed on a motion in the Senate by the Hon. Minister of Justice. The effect of that change was to prevent the prosecution of offences not covered by Schedule 6 where the conduct alleged occurred more than ten (10) years ago. (Schedule 6 excludes white-collar crimes such as sedition, terrorism, piracy, money laundering or offences under the Larceny and Forgery Acts). This has serious international implications. Steve Ferguson and Ishwar Galbaransingh COULD HAVE CHARGES DROPPED AGAINST THEM UNDER SECTION 34 SINCE THE TEN YEAR PERIOD HAS PASSED.
 
DPP is not consulted about this change to clause 34 of the Bill.
 
The implications of Section 34 appear to have slipped past Parliamentarians.
 
16th December 2011: received the assent of the President on the 16th of December 2011. Instructively, on the 19th of December 2011 the Attorney General announced his decision not to appeal the judgment of the Hon. Mr. Justice Boodoosingh, that the decision to return Ishwar Galbaransingh and Steve Ferguson to the United States of America, was unjust and oppressive. Doubtless, when he announced that decision, the Attorney General must have had in mind the provisions of section 34.
 
24th July, 2012: DPP attends a meeting held by the Judiciary and Justice Sector Committee at the Chief Justice’s Conference Room at the Hall of Justice on One of the items on the agenda was the Implementation Process for the Regime under the Administration of Justice (Indictable Proceedings) Act 2011.The effect and import of section 34 of the Act are raised. This Minister of Justice declares that Cabinet had already made a decision.
 
31st August 2012: Section 34 of the Administration of Justice (Indictable Proceedings) Act 2011 comes into effect.
 
Under this act section 34(2) and 34(3) are of such effect that any matter involving offences committed over ten (10) years ago cannot now be tried unless they are excepted by Schedule 6 of the Act. However, Schedule 6 does not apply to the captioned matters. REMEMBER: (Schedule 6 excludes white-collar crimes such as sedition, terrorism, piracy, money laundering or offences under the Larceny and Forgery Acts). Section 34 allows those charged under the act to apply for the charges to be dropped if they allegedly committed offences more than ten years previously.
 
 
 
10th September 2012: Businessmen Ish Galbaransingh and Steve Ferguson file applications on Monday to be freed of charges relating to corruption charges in the Piarco Airport project.
 
Section 34 is not yet repealed.
 
DPP write AG Anand Ramlogan on the matter
 
 
11th September 2012: DPP learning of the proclamation Section 34 in the press, writes Attorney General Anand Ramlogan suggesting that the Act be repealed immediately with retroactive effect.
AG cites reasons not to repeal section 34
 
 
12th September 2012: Businessmen Ish Galbaransingh and Steve Ferguson can be freed of corruption charges says Dana Seetahal since the application was filed (to drop all charges against them) while section 34 was in force and they are entitled to the benefit of the act.
 
Seetahal states that when repealing the section 34, there should be provision so that the law has retroactive effect to a specific date ( so the offenders have no room for litigation)
AG declares section 34 be removed;  it cannot stand on its own “ without absurdity”
DPP declares that the original clause he saw has been changed.
DPP states that the original document he viewed did not indicate a date range when offences were committed as a basis for discharge
DPP declares no parallel to Sections (20 and (3) in the entire Commonwealth
Parliament convenes for the purpose of repealing the Act.
 
SOURCES
http://www.guardian.co.tt/news/2012-09-12/ish-steve-can-still-go-free%E2%80%94seetahal
http://www.trinidadexpress.com/news/Breaking-News---Gaspard-Breaks-Silence-169487316.html


````- Move 7th Nov 2011 Justice Boodoosingh's item up - it has been placed in the 2012 items.

- Add 09 Dec 2011: Amended Bill that was passed in Senate returns to the House of Representatives and is unanimously passed there - with the changes intact. [Check the TT Parliament's website.]```````

truetrini

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Re: Section 34 Thread
« Reply #55 on: December 28, 2012, 10:23:28 AM »
 Refer to the Act's Progression webpage at: http://www.ttparliament.org/publications.php?mid=28&id=623

They only published certain versions of the Bill. So the first version is available via clicking on 1st Reading in the Lower House on 11 Nov 2011 - this version has S34 deadline trigger as "the trial has not commenced within seven years after the proceedings were instituted": http://www.ttparliament.org/legislations/b2011h31.pdf

Hansard for 11 Nov shows the Bill being read for the 1st time and no debate on it.

The Bill then moves to 2nd Reading, Committee Stage and 3rd Reading in Lower House on 18 Nov 2011. As I said above, the substantial change to S34 at Committee Stage in the Lower House was to change the deadline trigger to "the trial has not commenced within ten years after the proceedings were instituted" - Hansard here: http://www.ttparliament.org/hansards/hh20111118.pdf

Now, ttparliament doesn't publish a link to PDF of the Bill upon leaving the Lower House in the "3rd Reading and Passage" text as it did for the "1st Reading" text - this is presumably because Bills shouldn't change between the time it leaves the Lower House and enter the Senate. So the version of the Bill upon leaving the Lower House is to be found in the "1st Reading" text in the Senate on 22 Nov 2011: http://www.ttparliament.org/legislations/b2011h31-1rS.pdf

Hansard for proceedings on 22 Nov 2011 show the Bill being laid in the Senate and a motion being passed to move to 2nd Reading on 29 Nov 2011 - so no changes on 22 Nov 2011: http://www.ttparliament.org/hansards/hs20111122.pdf

Again, since the Bill hasn't changed, ttparliament doesn't have any revised version of it in the '2nd Reading" text on the Progression webpage.

I refer now to Hansard on 29 Nov 2011: http://www.ttparliament.org/hansards/hs20111129.pdf

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Re: Section 34 Thread
« Reply #56 on: December 29, 2012, 06:27:01 AM »
Administration of Justice Act delayed for 6 months

Denyse Renne  Guardian 29/12/12

The implementation of the remaining sections of the Administration of Justice (Indictable Offences) Act 2012 is likely to be pushed back by six months. The act, which was to take effect from January 2, 2013, would have seen all preliminary inquiries in the magistrates court being abolished and replaced by sufficiency hearings taking place before masters of the High Court.
 
Justice Ministry sources say the decision to push back the date of implementation came after meetings with various stakeholders. Sources say the act cannot be implemented yet since there “is too much infrastructure [needed] for it to take effect.” The appointments of ten additional masters to preside over matters, as well as other logistical details, are yet to be finalised.
 
Instead of speeding up proceedings, the last-minute decision to push back the implementation has caused some delay in the magistrates courts, it was added. Sources say at least three magistrates have expressed concern over starting preliminary inquiries in murder cases since they are unsure how to proceed. The magistrates, sources say, have adopted a wait-and-see position.
 
In his address at the opening of the 2012-2013 law term in September, Chief Justice Ivor Archie said the Judiciary would not be rushed through the process of eliminating preliminary inquiries. He said: “All the ducks must be lined up or chaos will ensue right after start-up and we will simply create a fresh and intractable backlog.
 
“It is clear that any new system that is put in place will have to absorb a huge influx of new matters in addition to those already in the system, for which transitional arrangements have to be made.” Referring to Section 34 of the act, which had to be repealed after its early proclamation, Archie maintained that such implementation ought to have been done as a whole and not partially.
 
Senior Counsel Dana Seetahal, asked about her views on the postponement of the implementation, said a lot of work still needed to be done and it was not professional or responsible to extend the date at the last minute. She questioned the long wait in announcing the new date, saying if this was the case, it ought to have been announced several weeks ago.
 
Seetahal said the original act was intended to abolish preliminary inquiries and replace them with a paper system, in a process that would be quick, so that the accused would not wait for years. So far, masters presided over civil matters, she said, and appointments of masters to preside over criminal matters were yet to take place.
 
“From my recollection, I have not seen any advertisements for these vacancies,” she added. In addition, police officers needed to be trained in getting statements, the office of the Director of Public Prosecutions (DPP) needed additional staffing and there was also a need for auxiliary court staff, Seetahal said.
 
She added that the creation of Criminal Proceedings Rules (CPR), as mentioned in the act, was also still to happen and with all the work still to be done, the act should either be rescinded or amended to change the date. “All of these changes will require a lot of work. You don’t even have training. Nothing is in place,” she said.
 
Court protocol and information manager of the Judiciary Jones P Madeira, in a brief telephone interview, said Archie had stressed at the opening of the law term the process should not be rushed. “The CJ is on record as saying he would not be hurried into the implementation,” Madeira added.
He admitted there were a lot of things to be put in place and said the Judiciary was working with the various stakeholders. Madeira said there was an Inter-Ministerial Justice Committee which met often with the Judiciary and other stakeholders.
 
What will the act do? 
Instead of preliminary inquiries in the magistrates courts, there will be sufficiency hearings. These involve the prosecution bringing all witness statements before a master. If there is sufficient evidence or a prima facie case is made out, then the accused is committed to stand trial, thus bypassing the magistrates court. The act is geared towards reducing the timeframe in which criminal matters are heard in the High Court and reducing the workload of the magistrates courts and the backlog of cases there.
 
MORE INFO
In August, the Administration of Justice (Indictable Proceedings) Act 2011 was partially proclaimed by President George Maxwell Richards. The proclamation was gazetted on August 30. Section 34 of the act would have allowed some accused to apply for the charges against them to be dropped if the offences in question had been committed more than ten years previously.
 
Following its early proclamation there was uproar from various sectors. Archie, along with the head of the Criminal Bar Association, Pamela Elder, SC, and Director of Public Prosecutions Roger Gaspard, SC, said they had not been informed of the contentious section. In September, the PM fired Justice Minister Herbert Volney, who piloted the act through both Houses of Parliament.
 
In her address, Persad-Bissessar maintained there was no conspiracy behind the early proclamation and Volney had acted on his own accord and misled her Cabinet. 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 to do so and the Cabinet relied and acted on his assurances in good faith.
 
 “His failure to do so is a serious misrepresentation and amounts to material non-disclosure of relevant facts to the Cabinet, which effectively prevented it from making an informed decision.”

Offline Bakes

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Re: Section 34 Thread
« Reply #57 on: December 29, 2012, 07:28:18 AM »
Not at all comfortable with putting PC hearings in the hands of a "master"... why not just hire more magistrates?  I understand what they trying to do and why though... just not sure this is the proper means for achieving the ends.  I also wish "they" would stop being lazy in talking about "infrastructure"... and just describe for the public what the problems are.  They are more logistic in nature, and Dana Seetahal does a great job of highlighting some of those, namely resources... human capital and training.

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Re: Section 34 Thread
« Reply #58 on: December 29, 2012, 01:55:52 PM »
Not at all comfortable with putting PC hearings in the hands of a "master"... why not just hire more magistrates?  I understand what they trying to do and why though... just not sure this is the proper means for achieving the ends.  I also wish "they" would stop being lazy in talking about "infrastructure"... and just describe for the public what the problems are.  They are more logistic in nature, and Dana Seetahal does a great job of highlighting some of those, namely resources... human capital and training.

Every time I see reference to the Master, it reminds me of old Dr Who episodes!

Offline Bakes

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Re: Section 34 Thread
« Reply #59 on: December 29, 2012, 03:06:07 PM »
Every time I see reference to the Master, it reminds me of old Dr Who episodes!

Masters are used here where I practice was well but I've only encountered them in family court and for violations of probation hearings.  I don't know what qualifications they will be asking for, but my concern is whether they'd be sufficiently qualified and versed in the law.  Then again, many magistrates/"district judges" here are not even lawyers... they just run for office like any other politician.
« Last Edit: December 29, 2012, 03:08:12 PM by Bakes »

 

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