Limited State of Emergency....

[Football supporter]

Couple of observations: For a long, long time we've been screaming for the media to stop marketing their interviewees and put them under pressure.

The AG came a long for a nice chat to put positive spin on scandal. DK, wasn't ready for that crap. Although his questions were actually meaningless in the context of things, they were designed to test the ability of the AG to be truthful and apologetic. The AG failed. He insulted the whole of T&T continuously, first by denying Kamla said "Limited SOE" and then repeatedly telling DK that the whole of T&T knew it was a countrywide SOE. We on this forum know that wasn't true. The whole country was trying to make sense of why certain areas were under SOE and others weren't and wondering if those outside the hotspots could go out after 9pm.

Fact is, Kamla, or her speechwriter, did not clearly explain the situation on Sunday or Monday. AG was not prepared to concede that, so DK kept making him return to that point.

The next is more pertinent and we may well need Bakes to clarify. Gibbs & Tonto gone AWOL, so out comes "acting commissioner Williams" on Monday. Everyone calls him AC. Nobody explains where Gibbs & Tonto are.

Now the AG is saying Williams was only made AC by the commission on Tuesday afternoon, and proudly shows the letter, clearly forgetting that everyone watching tv on Monday saw Williams described as AC.

More seriously, although the SOE has to be signed by the President, I do believe a curfew can only be ordered by the countrys senior acting policeman, which is Gibbs. Only once someone is appointed Acting Commissioner can the order be signed. So technically, every arrest made for curfew violation is illegal. In fact, its plausible that the govt acting illegally in conjunction with the defence and police forces in illegally restricting the basic human rights of its citizens for over 36 hours.

Bakes, over to you hoss.    

[Football supporter]

Hines said something worth thinking about today. He said the decrease in the murder rate was due to the PNM measures put in place. Of course, he could just be playing politics. He said when you put social soloutions in place, it takes time for the effects to be noticed. He said the PP have never introduced their crime plan, aside from appointing Gibbs. He pointed out that the PP have dismantled PNM crime measures, such as closing police posts in what now are hotspots, and not replaced them, so how can they take any credit. He said the blimp may not have been a huge success, but it was an asset that has not been replaced. He also said that it will be impossible to measure the effect of the SOE as PP have declared no goals, that way, any gun seizure or arrest can be determined a victory, but that same result could have been achieved without SOE.

I don't support either party, but he does make a modicum of sense. PP are announcing the arrest of 22 people as proof the SOE works, but only a few weeks ago, an exercise resulted in the arrest of over 100 and drug seizures, without the SOE.

Police, soldiers raid Beetham Gardens, Five murder suspects among 51 arrested
Published: Wed, 2011-07-20 22:07
Derek Achong

An early-morning joint exercise in Beetham Gardens by soldiers and police has resulted in the arrest of 51 people, including five murder suspects. The exercise, headed by Deputy Commissioner of Police in charge of Anti-Crime Operations Mervyn Richardson and ACP Harold Phillip—from 3 am to 10 am—was conducted with the aid of 200 police officers and 60 soldiers. The operation was part of new anti-crime initiatives for Port-of-Spain and environs, after several recent killings in the area. The homicide toll for the Port-of-Spain Division remains the highest in the country, with 55 murders for the year up to late yesterday. The murder suspects are believed to be linked to several unsolved killings in the Port-of-Spain area within the past few weeks. Fourteen suspects were also arrested in connection with recent robberies in the capital city. A quantity of marijuana was also seized, with six people being arrested. Many residents welcomed the exercise and assisted the officers in conducting searches of homes in the area. Also involved in the exercise were Superintendent Don Lezama, ASP Sahadeo Singh and Inspector Harvey Jawahir, with the help of officers of the Guard and Emergency Branch, Port-of-Spain Task Force, Port-of-Spain CID and the Inter-Agency Task Force.  Meanwhile, officers of the Morvant Police Station issued 56 traffic tickets yesterday, during an exercise on the Lady Young Road, Morvant. The exercise, which started at 6 am and ended by noon, was led by head of North Eastern Division, Senior Supt Christopher Lewis, and included licensing officers and a group of traffic wardens. Several drivers were ordered to strip the illegal tint from their vehicles, with two cars being impounded by police.

[Football supporter]

Diego family robbed during curfew hours

By ANNA-LISA PAUL Wednesday, August 24 2011

ONE HOUR before the curfew was due to come to an end yesterday morning, a Diego Martin family was terrorised by two gun-toting men who entered their home and beat them before stealing a quantity of personal and household items.

Senior officials in the Western Division yesterday confirmed the incident occurred at about 4 am at a house at Tomato Drive, North Post Road, River Estate in Diego Martin.

Investigators said the attack left 19-year old Denzil Radix with wounds to the head and face that required stitches.

Newsday understands that two armed men broke into the house as the Radix family were asleep and announced a hold up.

It is reported that after the occupants refused to hand over a quantity of electronic items, the gunmen became enraged and began beating Denzil Radix with their guns.

The family later handed over a quantity of items valued at more than $12,000 which included cash, jewellery, three cell phones and a lap-top computer to the gunmen who escaped on foot.

Admitting that they increased patrols in the Diego Martin area last night as a result of yesterday’s robbery, senior officials said a trend may be emerging as bandits unable to leave the area may now start robbing persons residing within the area. 

When Newsday contacted Diego Martin Central MP, Dr Amery Browne, he too confirmed the incident as he said Denzil Radix was forced to seek treatment at hospital for the wounds inflicted by the gunmen.

[truetrini]

It is a tense time for everyone.  22 bandits is good.  The better news is really the point of no murders.  Everybody want to have their cake and eat it, if they can't do that they quick to find fault. 

Lock it down.

Preacher, like God desert Kamla and PP and the people of T&T or wha?  I always heard dat he was a Trini?

Anyway, they called a limited State of Emergency, but the President proclaimed a general state of emergency all de nice words and back tracking cyar change dat.

The CoP and he assistant were both out the country and had NO SAY in the so-called decision making! The two men most charged with defending public security both absent???  Not strange to you?  Add the FACT that the day before, Roodilal Moonilal, the Head of Government Business, heir apparent and high ranking cabinet minister stated that he saw no need for a State of Emergency!   Is that not strange to you?

The government has articulated NO PLAN, clear or obfuscated to deal with crime other than a state of emergency and curfews in specific areas.   IS that not troubling to you and others?

Civil rights have been abrogated on a knee jerk response to public outcry?

What happens after the 15 days have expired?  Crime returns to normal and we resort to what course of action then?

Even if the State of Emergency is extended for 12 more months, and curfews stay in place, do you really feel that crime will decrease or that those so inclined to criminality would just migrate?

What plan does the government have to increase public confidence in the police?   The CoP and his asst. took off and, they seem to have stalled in their efforts to reform the police service.

Public Servants were planning to take industrial action as were the police to press for higher wages and greater benefits and now???  

Why was a State of Emergency necessary for the arrest of persons wanted for crimes and drug dealing?   Did they suddenly discover who these persons of interest were last night? This morning?

Why were police posts closed down in the self same areas that are now deemed "hot spots?"   What efforts are being taken to curtail and staunch the flow of arms and ammunition into the Twin Island Nation?  The guns cannot be entering by land!

From many, many reports, police presence on the streets seem to be very limited, if these reports are true, and they have been circulated on all news media, then what is the real purpose of this SOE?

Now as I have stated, I am for a State of Emergency, and I have been advocating one for the past 4 years now....but not like this, not without a plan.

[truetrini]

Extradite Ish and Steve NOW!

Allyuh say allyuh serious about crime?  Not jes de little black boys in Laventille and Morvant...

[Controversial]

anand handled himself like he usually does, he answered the questions despite being interrupted on a regular basis

he knows the law and knows the constitution inside out, i have spoken to anand several times in the past and he is not confrontational, i found the interviewer boldface and he lacked knowledge of the law, especially in terms of the SOE

the govt will not let out to the public everything about the arrests, the 22 men who were arrested can lead to a major breakthrough, unless some of us on  here know the men arrested, if you don't, then how the hell can you assume they are small timers?

right now we are just assuming, the public needs to exercise some patience and judge the results at the end of the SOE, instead of jumping to conclusions and casting judgement so early

[Football supporter]

anand handled himself like he usually does, he answered the questions despite being interrupted on a regular basis

he knows the law and knows the constitution inside out, i have spoken to anand several times in the past and he is not confrontational, i found the interviewer boldface and he lacked knowledge of the law, especially in terms of the SOE

the govt will not let out to the public everything about the arrests, the 22 men who were arrested can lead to a major breakthrough, unless some of us on  here know the men arrested, if you don't, then how the hell can you assume they are small timers?

right now we are just assuming, the public needs to exercise some patience and judge the results at the end of the SOE, instead of jumping to conclusions and casting judgement so early

Just my observation, but if I was a drug Mr Big, I probably wouldn't be living on Nelson Street. And the ease with which they were arrested, just doesn't warrant an SOE. The public is frustrated and assuming because the govt requires our patience and assistance, but doesn't inform us. I fully understand operational secrecy, but if these 22 hardend criminals were targeted before the SOE was announced, why haven't they announced the individual reasons they were arrested? They should have a file on each person. After all, these are some of the criminals that the SOE was put in place to catch. Because the AG & sandy keep talking about swift action and taking the war to the gangs. So if thats what you're going to do, you get the required intelligence, build your case and hit hard without warning, like they did at Beetham last month. You certainly do not leave your top targets free to wander around and disappear for 3 days and arrest a few small timers in the meantime.

[Football supporter]

Are Gibbs and his sidekick on police business in Brazil (e.g. possibly related to this drug bust)? Presumably they are if they went together? When did they leave?

Apparently, Gibbs just decided to go on Saturday morning. He did not request permission. I don't think anyone has announced the location of Tonto. One would assume that if these 11 murders were deemed serious enough to warrant an SOE, Gibbs would have been consulted on Saturday morning and told to begin planning operations for a response, which may have included the option of an SOE. Surely there was more thought and planning than the Cabinet saying on Sunday, "lets do it."? They must, at least, have to consult the CoP?

[truetrini]

anand handled himself like he usually does, he answered the questions despite being interrupted on a regular basis

he knows the law and knows the constitution inside out, i have spoken to anand several times in the past and he is not confrontational, i found the interviewer boldface and he lacked knowledge of the law, especially in terms of the SOE

the govt will not let out to the public everything about the arrests, the 22 men who were arrested can lead to a major breakthrough, unless some of us on  here know the men arrested, if you don't, then how the hell can you assume they are small timers?

right now we are just assuming, the public needs to exercise some patience and judge the results at the end of the SOE, instead of jumping to conclusions and casting judgement so early

Yes Anand handled himself as atypical lawyer.  But the interviewer was NOT bold faced and he attempted to keep Anand focused and honest.

And if Anand knows the law as you say and the constitution inside out, whe de f**k he always hiring some team of lawyers to advise him on simple matters as well as posting shit on facebook asking for case precedence?

Steups...take yuh bullshit somewhere else boss.

[truetrini]

When asked about the cancellation of fireworks for the nation's 49th Independence Anniversary the AG replies: "The only fireworks we want to see if between the bandits and the police"

[warmonga]

When asked about the cancellation of fireworks for the nation's 49th Independence Anniversary the AG replies: "The only fireworks we want to see if between the bandits and the police"

I loving this .. Licence to wipe out all dem criminals.. I backing di police force to di fullest Kill frm a side .. dem fellas playing bad.. I wah see who badder now.. Police or criminals...
I bet yu dem faggot criminals start bawling for peace now..
war

[truetrini]

When asked about the cancellation of fireworks for the nation's 49th Independence Anniversary the AG replies: "The only fireworks we want to see if between the bandits and the police"

I loving this .. Licence to wipe out all dem criminals.. I backing di police force to di fullest Kill frm a side .. dem fellas playing bad.. I wah see who badder now.. Police or criminals...
I bet yu dem faggot criminals start bawling for peace now..
war

Childish and utterly classless!

In any real country in the world this clown would have resigned already!

[congo]

He's a bloody drama queen. he doesn't know his ass from his elbow.

[Bakes]

More seriously, although the SOE has to be signed by the President, I do believe a curfew can only be ordered by the countrys senior acting policeman, which is Gibbs. Only once someone is appointed Acting Commissioner can the order be signed. So technically, every arrest made for curfew violation is illegal. In fact, its plausible that the govt acting illegally in conjunction with the defence and police forces in illegally restricting the basic human rights of its citizens for over 36 hours.

Bakes, over to you hoss.    

I am far from any expert... but it doesn't make sense to me that a policeman can order curfew or any such serious limitation on the freedom to move.  That is an executive decision, likely the call of the President... as Anand explain. 

I can't stand Anand, but this interview is hardly the smoking gun that folks making it out to be.  Yeah, he try to deny the fact that duncey head Kamla call it a "limited" SOE... I expect him to get pilloried in the press on that one.

[truetrini]

Kallipersad dealt with him very well..Yuh can leave...lol

[Bakes]

anand handled himself like he usually does, he answered the questions despite being interrupted on a regular basis

he knows the law and knows the constitution inside out, i have spoken to anand several times in the past and he is not confrontational, i found the interviewer boldface and he lacked knowledge of the law, especially in terms of the SOE

the govt will not let out to the public everything about the arrests, the 22 men who were arrested can lead to a major breakthrough, unless some of us on  here know the men arrested, if you don't, then how the hell can you assume they are small timers?

right now we are just assuming, the public needs to exercise some patience and judge the results at the end of the SOE, instead of jumping to conclusions and casting judgement so early

Jackass... because the police roll up Nelson Street and grab them off de street and put them siddung in de tray of ah pick up.  Police didn't even have they weapons drawn.  Any reasonable person could hence conclude that they are not not big time criminals... any reasonable person.  You are obviously excused from understanding.

[Preacher]

It is a tense time for everyone.  22 bandits is good.  The better news is really the point of no murders.  Everybody want to have their cake and eat it, if they can't do that they quick to find fault. 

Lock it down.

Preacher, like God desert Kamla and PP and the people of T&T or wha?  I always heard dat he was a Trini?

Anyway, they called a limited State of Emergency, but the President proclaimed a general state of emergency all de nice words and back tracking cyar change dat.

The CoP and he assistant were both out the country and had NO SAY in the so-called decision making! The two men most charged with defending public security both absent???  Not strange to you?  Add the FACT that the day before, Roodilal Moonilal, the Head of Government Business, heir apparent and high ranking cabinet minister stated that he saw no need for a State of Emergency!   Is that not strange to you?

The government has articulated NO PLAN, clear or obfuscated to deal with crime other than a state of emergency and curfews in specific areas.   IS that not troubling to you and others?

Civil rights have been abrogated on a knee jerk response to public outcry?

What happens after the 15 days have expired?  Crime returns to normal and we resort to what course of action then?

Even if the State of Emergency is extended for 12 more months, and curfews stay in place, do you really feel that crime will decrease or that those so inclined to criminality would just migrate?

What plan does the government have to increase public confidence in the police?   The CoP and his asst. took off and, they seem to have stalled in their efforts to reform the police service.

Public Servants were planning to take industrial action as were the police to press for higher wages and greater benefits and now???  

Why was a State of Emergency necessary for the arrest of persons wanted for crimes and drug dealing?   Did they suddenly discover who these persons of interest were last night? This morning?

Why were police posts closed down in the self same areas that are now deemed "hot spots?"   What efforts are being taken to curtail and staunch the flow of arms and ammunition into the Twin Island Nation?  The guns cannot be entering by land!

From many, many reports, police presence on the streets seem to be very limited, if these reports are true, and they have been circulated on all news media, then what is the real purpose of this SOE?

Now as I have stated, I am for a State of Emergency, and I have been advocating one for the past 4 years now....but not like this, not without a plan.

TC no doubt that there are more questions than answers and very shamefully, our leaders can't seem to sing the same tune.  In addition, Batman is out of the country.  I understand Brownsugar's frustration because in moments like these government needs to reassure people that due process is being executed. Sadly, this does not seem to be happening.  
Brother, I guess my hope is that the protective services, the armed services and the public services will take personal leadership to do their jobs well and in doing so serve their communities.  No one has touched on this yet, but this question should probe every heart in T&T.  What could I have done to avert the present state in T&T?  I say this respectfully cause I don't live there.  Should I have volunteered more?  Why am I always waiting for the government to make the difference?  
Sorry...on a tangent but yes you right it have a early 'Juvert Morning' vibes to the whole thing.

[Preacher]

Football Supporter....I might be talking out of turn here but I presume that the rights given to law enforcement under SOE is different.  So no, they could not do what they wanted before.  But now, if you are a little henchman you better sing.
Maybe Bakes, Weary or TC might have some more info on criminal rights during an SOE.

[frico]

The present state of TT didn't start with the new government but has been festering for years under previous governments.All these governments of past years have done very little for their staunchest supporters,supporters who would literally die for them.A country blessed with so much natural wealth but yet so much "social deprivation" in certain parts.Children literally grow up ferral,lack of education,no jobs,bad housing,no creature comforts,these human beings grow up with affected brains and mind so what is happenning shouldn't be unexpected.Their needs to be a massive social restructuring of those places most affected with crimes.Millions of dollars needs to be spent giving those people whatever their needs are,there must be ways of slowing down the massacare that is taking place.It would take time but police shooting dong people left right and centre isn't helping.

If yuh doh have anything to say jess shut yuh ignorant rass.

Pack of ass talk.

[dinho]

Dinho...wuz your rel stories?

You tell me... What you think is my rel stories?

[futbolfan]

<a href="http://www.youtube.com/v/2L7xrKzIFDw" target="_blank" rel="noopener noreferrer" class="bbc_link bbc_flash_disabled new_win">http://www.youtube.com/v/2L7xrKzIFDw</a>

And this is one ah de reasons dem criminals still distressing people....When de police swoop in to arrest dem, dey family or significant other does always be crying and bawilng bout dey have de wrong person or he is ah good fellah.... Stupesssss

[Football supporter]

Football Supporter....I might be talking out of turn here but I presume that the rights given to law enforcement under SOE is different.  So no, they could not do what they wanted before.  But now, if you are a little henchman you better sing.
Maybe Bakes, Weary or TC might have some more info on criminal rights during an SOE.

I would agree totally, Preacher, but my issue is, they don't seem to be doing anything different. In a state of emergency, the public should be kept as informed as possible without revealing sensitive operational data. These additional powers are being used how exactly? How many houses have been searched so far? On what charges were people arrested?

If you properly plan an operation such as this, the element of surprise is key. You use a blitzkreig approach, an orchestrated attack on multi targets. I fully expected to see the news on monday and see widespread arrests in all 6 hot spot boroughs. In fact, in each of the 20 or so hotspots. Hundreds of suspects rounded up and held, hundreds of weapons seized, multiple drug seizures. This is how you wage war on crime in this extreme. You then have 14 days to mop up the ring leaders and criminals identified by the arrested suspects and retrieve further contraband.

This is what I expected. Unarmed police arresting people on Nelson St is usual police practice. I have not seen one resulting excercise that warrents an SOE. It just points to the fact that this was poorly planned. The intelligence wasn't there and the operational leadership were caught offguard. I truly believe this is political. If not, the senior policemen would have been involved before the declaration. A list of top 100 targets would have been compiled. Kamla did this when her top two policemen were out of the country. Is she mad? And when you take this kind of political gamble, you make damn sure you have guaranteed results to show the people immediately. This could result in the failure of her government through no confidence. I would have insisted that I had immediate results. Look at the news and discussions. Its all about Gibbs being away, and poor communications etc. It should be all about the crims being taken off the streets.

Think, if it hadn't been for the lucky break of those idiot robbers in Arima, which was not connected to the curfew, there would have been no news monday morning resulting from SOE.

[weary1969]

Football Supporter....I might be talking out of turn here but I presume that the rights given to law enforcement under SOE is different.  So no, they could not do what they wanted before.  But now, if you are a little henchman you better sing.
Maybe Bakes, Weary or TC might have some more info on criminal rights during an SOE.

Bush lawyer that I am knows that at d end of d day if dey eh have no evidence dem fellas bck on d road. B4 d SOE u can only hold man 4 48 hrs and then lay a charge d SOE will give dem d opportunity 2 hold dem longer. So u hold dem 4 a period we get a breather from d murders hope dem hard ears pickney learn dey lessen and stop being gang member when dey come out if dey eh have evidence.

D Gang bill dey was tryin 2 pass was 2 keep dem lock up I tink 4 3/12.

[weary1969]

Daly: Govt won't hang the Jack
By Ria Taitt Political Editor

Story Created: Aug 23, 2011 at 11:50 PM ECT

(Story Updated: Aug 23, 2011 at 11:50 PM ECT )

Senior counsel Martin Daly said yesterday that while he was and still is in favour of the calling of a state of emergency, he had serious reservations about whether this Government was capable of making good use of it.

The former president of the Law Association said there were two principal purposes for calling a state of emergency, given the fact that civil rights are suspended.

Firstly, he said there should an immediate and purposeful attempt to go into the areas where it is believed there are large caches of weapons and seize those weapons, with a view to taking out of circulation as many weapons as possible. "You probably cannot accomplish that under normal circumstances, given the garrison conditions in certain communities and the fear of witnesses, the fear of reprisals and all that," he noted.

The second equally important purpose of a state of emergency must be the service of detention orders on the principal known criminal figures, he said. "It is constantly being said when someone is dead that X is a known drug dealer, X is a known drug baron... but you can't prove it because you can't get witnesses... because of the intimidation, death of witness, turf warfare and so on."

"So it would have been expected there to be very little room left on Nelson Island by the end of the first night of the state of emergency. And if that is not the purpose of it (the state of emergency), then it is a complete trivalisation of a very, very serious matter. If it is, that you just going to keep people cooped up in the so-called hot spots. What happens when the state of emergency is finished? They (criminals) just come back out and resume business as usual. All you would have done is stop some crime for a while, and what is likely to happen if you don't do the things I am saying (should be done) is that you will have a huge backlash and outburst of crime because 'man' coffers get empty while you put them out of business temporarily. So if that is not what they (the Government) are doing, then it is a complete trivalisation and complete incompetence."

Daly said he would also insist that in terms of the people on whom detention orders are being served, that they include persons who the financial intelligence agencies have reason to suspect are money launderers.

Daly said the way the announcement and implementation of the state of emergency were being handled was worrying.

"First of all, they are describing it as a limited state of emergency when essentially it is not," he said. "So they have everybody believing that civil rights have not been suspended in Tobago, Mayaro, Icacos... and other areas that are not hot spots... and that is absolutely ridiculous. That is a recipe for confusion," he said, adding: "If you are going to do this, you must have the courage of conviction and describe it for what it is."

Daly said the fact was if one looked at the Government Notice 113 of 1995, which was the proclamation of the state of emergency, it said a "state of emergency exists in the city of Port of Spain in the Republic of Trinidad and Tobago".

He said the Government Notice of 162 of 2011 states a state of public emergency exists in the Republic of Trinidad and Tobago. "In their ignorance they have picked up the expression 'limited state of emergency', used firstly by Desmond Allum to describe the concept of declaring of a state of emergency in a particular area of gangland where people were shooting each other up," he said.

He noted that when this idea was floated, it was subsequently pointed out that it could not work because the "fellas" would move out of the emergency area and into a free area and carry on as usual.

Daly said from what he saw, it appeared that the police were on curfew too "because from every neighbourhood from which I have received reports, the people are telling me they didn't see any police on the streets. When you play this ace, you have to hang Jack. If you play this ace and ain't hang Jack, you have absolutely no credible authority after this".

Daly said it was extremely imprudent for anything to have been said until the curfew was in force. "I can't imagine why you would do something like that. (The way it is done is that) It is always said, 'I have today declared a state of emergency.' That has to be done after everything is in place and you have a man (police officer) outside Mr Ali Baba's door. And I imagine (as a result of it not been done that way) certain people would have change their address or gone on a fast boat and left.

"So I believe that they are not going to hang the Jack. And then of course in terms of timing. Firstly, didn't they trust the Commissioner of Police? They allowed the man leave (for Brazil)? They didn't say, 'Commish, yuh can't go Brazil,' again, leave withdrawn?

"Then I do not know that the time to do this was when the police, whether unsuccessfully or not, were threatening to strike. When you going to do this, you have to have the hearts and minds of the people who are going to carry it out on board."

Daly, who has been in favour of the calling of a state of emergency in the past, said as far as he was concerned it should have been called halfway through the last Manning administration.

[weary1969]

CURFEW CONFUSION
'Invalid' order saved by appointment of Acting CoP
By Ria Taitt Political Editor



As legal sources raised doubt over the validity of the Emergency Powers Curfew Order 2011 yesterday, the Police Service Commission (PSC) moved to remedy a potential problem by appointing Stephen Williams as acting Police Commissioner.

The Commission's appointment came at least 20 hours after Williams signed the Curfew Order purporting to be "acting Commissioner of Police" when he was not yet appointed to the position.

The Curfew Order must be signed by the Commissioner of Police, or someone who is validly appointed at act in this position. The Commission is the only body which is competent in law to make this appointment.

Last night in TV6 News Attorney General Anand Ramlogan confirmed that Williams' letter of appointment was August 23 (yesterday's date). But when asked if this meant that any aspect of the State of Emergency or curfew was invalid, Ramlogan insisted that Williams was "validly appointed". The curfew order was signed on Monday, August 22.

Senior Counsel Dana Seetahal, speaking in her private capacity, said the validity of the curfew order would be in jeopardy if Williams was not appointed to act by the Commission. However she said if he is retroactively appointed, it would "clean up the mess".

The Commission in a strongly worded release yesterday publicly rebuked the two top members of the Police Executive—substantive Commissioner Dwayne Gibbs and his deputy Jack Ewatski, expressing concern that Gibbs and Ewatski left the country without properly informing the commission.

"The Police Service Commission wishes to signal its alarm and concern over the procedure and protocol employed by the Commissioner of Police for his leave of absence from the country and his possible leave of absence from duty in the Office of Commissioner of Police. We are also now informed that Deputy Commissioner Ewatski is also out of the country and we again express our concern...Neither of these two gentlemen have sought to notify us properly of their absences," the Commission stated.

The Commission also noted that it had to learnt via media reports (exclusively carried in yesterday's Express) that Gibbs were actually detained and held for some hours in Brazil, where he went to attend a conference. "We as yet have heard nothing from Commissioner Gibbs in relation to this incident, which by media reports, appears to be a tremendous embarrassment not only to the Police Service...and by extension the Police Service Commission, but also to the entire nation of Trinidad and Tobago as it appears that his detention may have been the result of Commissioner Gibbs not having a visa for such entry into Brazil".

The Commission lamented that both Gibbs and Ewatski have been conspicuously absent from the forefront of the current arrangements relating to the State of Emergency and the accompanying policing arrangements. "The Police Service Commission has been provided with no forwarding address for these two gentlemen, nor any overseas contact telephone numbers for them," it said.

It noted that Williams had been in a lead role in these arrangements in what is in effect a depleted Police Service Executive. It noted with concern that Williams, "through no fault of his own", has been referred to in the media as the Acting Commissioner of Police. But it stressed that "due to the lack of proper procedures and protocol" (as a result of Gibbs not properly informing the Commission of his absence), the Commission "has had no prior opportunity to make the appointment of Deputy Commissioner Williams to act as Commissioner of Police for the time that Commissioner Gibbs has been out of the country.

The Commission said it observed via the media that a Legal Notice No. 164- the Emergency Powers Curfew Order 2011—was issued under the hand of Williams "purporting to be the Acting Commissioner of Police". In an apparent criticism of Williams, the Commission said it wanted to "caution all parties involved of the need to observe the policies and procedures and timelines as set out in the Constitution for the making of these appointments and arrangements as there can be serious implications and consequences".

The Commission said it was seeking to get from Gibbs and Ewatski their objectives and goals for the Police Service during this period, especially since it had to give the assurance to the population that the police would conduct themselves in a manner that is "fair, balanced and humane, with the fullest respect for the dignity of persons and their property and devoid of excesses and abuses of power".

It said it was giving Gibbs and Ewatski the "fullest opportunity" to be heard and would be writing to them to ask them to explain and account for their absences as well as to be informed of their objectives, goals and plans.

The Commission pointedly referred to the fact that it could terminate the services of the Commissioner or Deputy CoP:

a) where the officer is absent for seven consecutive days, during which he has failed to notify the Commission of the cause of his absence, whether he holds a permanent, temporary or contractual appointment

b) for breach of contract and

c) reported inefficiency based on his performance appraisal reports, after giving him an opportunity to be heard.

The Commission said it intended to complete the appraisals of both Gibbs and Ewatski in the near future and it would report to the public accordingly.

[frico]

Was the murders of 11 people in 4 days anything to do with the massive find of drugs prior to the slaughter,it seems that way and if so the SOE is the best option.Who knows how many more was in for the bullet in the head or the cutlash.

[D.H.W]

Was the murders of 11 people in 4 days anything to do with the massive find of drugs prior to the slaughter,it seems that way and if so the SOE is the best option.Who knows how many more was in for the bullet in the head or the cutlash.

That's what it seems from what they saying, whether or not its the truth who knows. The way they were acting in the conference yesterday , it seems they know something but not saying. It would have to be pretty big to call a state of emergency for that.

[truetrini]

Was the murders of 11 people in 4 days anything to do with the massive find of drugs prior to the slaughter,it seems that way and if so the SOE is the best option.Who knows how many more was in for the bullet in the head or the cutlash.

You have yuh head so far up your ass it eh funny nah!


The SOE is shit until a plan is articulated, some emasure of measurables and deliverables!


Odderwise is shit!

[Toppa]

Links to those articles?

[dinho]

Daly: Govt won't hang the Jack
By Ria Taitt Political Editor

Story Created: Aug 23, 2011 at 11:50 PM ECT

(Story Updated: Aug 23, 2011 at 11:50 PM ECT )

Senior counsel Martin Daly said yesterday that while he was and still is in favour of the calling of a state of emergency, he had serious reservations about whether this Government was capable of making good use of it.

The former president of the Law Association said there were two principal purposes for calling a state of emergency, given the fact that civil rights are suspended.

Firstly, he said there should an immediate and purposeful attempt to go into the areas where it is believed there are large caches of weapons and seize those weapons, with a view to taking out of circulation as many weapons as possible. "You probably cannot accomplish that under normal circumstances, given the garrison conditions in certain communities and the fear of witnesses, the fear of reprisals and all that," he noted.

The second equally important purpose of a state of emergency must be the service of detention orders on the principal known criminal figures, he said. "It is constantly being said when someone is dead that X is a known drug dealer, X is a known drug baron... but you can't prove it because you can't get witnesses... because of the intimidation, death of witness, turf warfare and so on."

"So it would have been expected there to be very little room left on Nelson Island by the end of the first night of the state of emergency. And if that is not the purpose of it (the state of emergency), then it is a complete trivalisation of a very, very serious matter. If it is, that you just going to keep people cooped up in the so-called hot spots. What happens when the state of emergency is finished? They (criminals) just come back out and resume business as usual. All you would have done is stop some crime for a while, and what is likely to happen if you don't do the things I am saying (should be done) is that you will have a huge backlash and outburst of crime because 'man' coffers get empty while you put them out of business temporarily. So if that is not what they (the Government) are doing, then it is a complete trivalisation and complete incompetence."

Daly said he would also insist that in terms of the people on whom detention orders are being served, that they include persons who the financial intelligence agencies have reason to suspect are money launderers.

Daly said the way the announcement and implementation of the state of emergency were being handled was worrying.

"First of all, they are describing it as a limited state of emergency when essentially it is not," he said. "So they have everybody believing that civil rights have not been suspended in Tobago, Mayaro, Icacos... and other areas that are not hot spots... and that is absolutely ridiculous. That is a recipe for confusion," he said, adding: "If you are going to do this, you must have the courage of conviction and describe it for what it is."

Daly said the fact was if one looked at the Government Notice 113 of 1995, which was the proclamation of the state of emergency, it said a "state of emergency exists in the city of Port of Spain in the Republic of Trinidad and Tobago".

He said the Government Notice of 162 of 2011 states a state of public emergency exists in the Republic of Trinidad and Tobago. "In their ignorance they have picked up the expression 'limited state of emergency', used firstly by Desmond Allum to describe the concept of declaring of a state of emergency in a particular area of gangland where people were shooting each other up," he said.

He noted that when this idea was floated, it was subsequently pointed out that it could not work because the "fellas" would move out of the emergency area and into a free area and carry on as usual.

Daly said from what he saw, it appeared that the police were on curfew too "because from every neighbourhood from which I have received reports, the people are telling me they didn't see any police on the streets. When you play this ace, you have to hang Jack. If you play this ace and ain't hang Jack, you have absolutely no credible authority after this".

Daly said it was extremely imprudent for anything to have been said until the curfew was in force. "I can't imagine why you would do something like that. (The way it is done is that) It is always said, 'I have today declared a state of emergency.' That has to be done after everything is in place and you have a man (police officer) outside Mr Ali Baba's door. And I imagine (as a result of it not been done that way) certain people would have change their address or gone on a fast boat and left.

"So I believe that they are not going to hang the Jack. And then of course in terms of timing. Firstly, didn't they trust the Commissioner of Police? They allowed the man leave (for Brazil)? They didn't say, 'Commish, yuh can't go Brazil,' again, leave withdrawn?

"Then I do not know that the time to do this was when the police, whether unsuccessfully or not, were threatening to strike. When you going to do this, you have to have the hearts and minds of the people who are going to carry it out on board."

Daly, who has been in favour of the calling of a state of emergency in the past, said as far as he was concerned it should have been called halfway through the last Manning administration.

Daly talk the most amount of sense I've read on this issue so far.