12 May

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‘Case not closed’

IN THE SENATE on Tuesday, Attorney General Faris Al-Rawi made a telling admission. “It isn’t that we don’t have a right to privacy,” he told Independent Senator Paul Richards. “What I explained was that it is a qualified right and that the Judiciary has recognised that and called for better legislation to deal with privacy.” Mere days before, Al-Rawi had made a jaw-dropping claim. Far from saying there was a right to privacy – qualified or otherwise – the Attorney General told the country the right to privacy did not even exist as a right entrenched in our Constitution. “There is no enshrined right...

10 May

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No simple matter

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in Newspaper Articles

THE LEGAL measures governing the current speed limit go as far back as 1956. Much water has passed under the bridge since then. As such, we welcome Works and Transport Minister Fitzgerald Hinds’ disclosure that the matter of the 80 kilometre per hour speed limit is under review. Last week in Parliament, the minister was careful not to rule out raising the maximum speed. At the same time, he was not precipitous. A decision like this cannot be made rashly. It must be done on the basis of advice from technical experts at the Ministry of Works. And it must factor in...

09 May

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The rights of the foetus

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in Media, Newspaper Articles

THE ZIKA virus and its implications for pregnant women have set in train further debates about a woman’s right to abortion. The issues are complex and it is possible that there will never be consensus. It is only common sense that a pregnant woman cannot be placed in a position as existed in Ireland in 2012 when a 31-year-old Indian dentist, Savita Halappanavar, died due to complications of a septic miscarriage and because the hospital staff hesitated to abort the foetus since it might not be legal. According to legal experts in Trinidad and Tobago, common law precedents already provide for...

09 May

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Former Chief Justice wise proposal.

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in Media, Newspaper Articles

THE PROBLEMS plaguing the prison system are hardly new. But a recent proposal made by former Chief Justice Michael de la Bastide offers the State a fresh solution to one defect which the system suffers from. In an interview with Newsday published last Thursday, the former Chief Justice put forward a new approach to cases involving persons left waiting in jail for periods longer than the sentence they face. He suggested these persons be granted “own bail”, or bail which would not require security. The prisoner would pay a deposit to be held by the State. Should the prisoner abscond, the...

18 August

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ADULTERY

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in Media, Newspaper Articles

Adultery is the voluntary or consensual sexual intercourse between a married person (the husband or wife) and a person (a third party whether married or unmarried) of the opposite sex, not being the other’s spouse. It should be noted that homosexual intercourse or other forms of sexual activity not involving sexual intercourse do not constitute adultery; Dennis v Dennis [1955] P 153. Some territories require that divorce petitions relying on the fact of adultery make the alleged adulterer the co-respondent, while some territories at the discretion of the court can make the adulterer pay whole or part of the proceedings. The standard...

30 July

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LONG ROAD AHEAD FOR PROSECUTORS IN SEETAHAL CASE, SAYS ATTORNEY

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Attorney at law, Martin George says he hopes the authorities have learnt from the errors made during the State of Emergency as it relates to apprehending and subsequently prosecuting individuals with crimes, particularly those charged under the Anti-Gang Act. Commenting on those charged with the murder of Senior Counsel Dana Seetahal, Mr. George says taking into consideration the high profile nature of this case, he hopes the TTPS is in possession of evidence which proves their involvement beyond a reasonable doubt. Speaking on Good Morning T&T, Mr. George said he foresees a long and arduous road ahead for all involved in the...

25 June

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A BROADER VISION OF JUSTICE

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in Laws of Trinidad and Tobago, Newspaper Articles

The language of “justice” is increasingly being used in the public discourse. Listening to most radio talk shows, one could ascertain that justice is no longer solely the jargon of either members of the legal fraternity or human rights activists. In fact, many street protests in the aftermath of police killings, medical negligence and the like are often punctuated with the cry, “We want justice”. If Aristotle’s description of justice as “to each is due” is what we mean by justice and it is becoming part of the language and consciousness of individuals and/or groups, we are indeed on the right...

23 June

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PRIVY COUNCIL STILL TO RULE

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in Newspaper Articles

Attorney at Law Martin George says while the ruling of Justices Alan Mendonca, Peter Jamadar and Gregory Smith to turn down the appeal made by businessmen Ishwar Galbaransingh and Steve Ferguson in relation to the Section 34 repeal is a landmark decision, it is not the final word on the matter. Speaking to C News, he said the Privy Council will still have to rule on the matter and noted that the Court of Appeal had already given leave for the appellants to be able to go to the Privy Council. "What is interesting though, and I think it is something the...

23 June

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POLICE UNION WANTS PROMOTION ISSUE ADDRESSED

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in Newspaper Articles

The President of the Police Service Social and Welfare Association, Inspector Anand Ramesar, says the discussion on the contentious issue of police promotions is being unnecessarily delayed by the Acting Police Commissioner's inability to respond in a timely manner. He said the Acting Commissioner had agreed to review the document in four days. However, it's now been over four months and he is yet to respond. "There is very little hope in relation to the Commissioner of Police taking the initiative to resolve the promotion. When we look at what would have happened over the last couple of months, the Association would...