THE REFUGEE CRISIS

It is a truism that problems cannot be solved with the same level of awareness that created them in the first place. And to say that we in good old T&T remained blissfully unaware of the very real problems that Maburro et al were creating in Venezuela is sadly true. The leaders of our own Government were happy to join conga lines and dance with the Venezuelan dictator while professing "neutrality" in the crisis that was engulfing that unhappy South American nation. Although some of us were trying to point out that the problems next door were serious and could come back to "bite" us our local media happily ignored the problems being created by the Donkey and continued to support our Government's neutrality.


But then, all of a sudden, people began to notice that there was a very large number of Venezuelan refugees here (mostly) in Trinidad. I have seen no reliable numbers as to how many Venezuelan refugees are over here ... I've seen estimates of 40,000 on the low side all the way to 80,000 on the high side. What is correct, I haven't a clue! All I do know is that our little country simply can't cope with the numbers coming over in what feels like droves. We are being overwhelmed. And it is going to get worse ... much worse!


But wasn't this predictable? And if it was (and I believe that it was) then why didn't our Government realize this early o'clock and deal with the root cause of this humanitarian disaster? Because, make no mistake about it: the root cause is the complete and utter failure of Maburro & Co. to run their country in an honest and effective manner. We (i.e., T&T) would have been better off calling on Maburro either to go or to hold HONEST and FAIR Presidential elections and siding with all those who refused to support him until he allowed the people to choose fairly. But we didn't! Instead, we effectively gave the Donkey critical support in the rather stupid and unrealistic hope of getting the Dragon Gas deal through the Opposition dominated National Assembly. And we 'cussed up' the United States, our largest trading partner, in the process. Really smart! Really in our country's best interests!


And now we have  a terrible crisis on our hands. It is inhumane to send the refugees back. But we simply can't afford to keep them here! No matter which way you turn the problem, people are going to suffer ... greatly! The only solution that I can see is a verrrryyyyy long term one: first, you have to get rid of the dictator... and the sooner the better! He and his cronies are the root cause of everything and the problems won't get better as long as they remain in power. In fact, they'll only get worse. Then you have to rebuild the country ... and that's a 20 year project. But we don't have the luxury of 20 years! And finally, we have to recognize that in everything, T&T must come first and it is not always in our best interests to be 'neutral'.


But we also have to be honest with ourselves. We are in this mess now because we were happy to pretend that the problems next door were not ours and therefore we shouldn't interfere when we could have and should have.

HOW DICTATORSHIPS START

On Sunday my wife and 16 year old son while driving in Diego Martin near to Victoria Gardens were stopped in a police roadblock. Okay. no complaint there. After producing her (Trinidadian) driver's licence and insurance, the police officer asked her where she was from. Why? I suppose the officer heard her accent ... she is Venezuelan. Then he asked her how long she had been here in Trinidad? She replied truthfully ... 22 years. He appeared not to believe her.  But her driver's licence shows when it was first issued. So? Why would he ask her that? Then the policeman turned to my son and asked for his ID ... which my 16 year old son had on him. Then the officer asked my son what was his ethnicity. When my son replied 'Trinidadian' he was told roughly 'that's your nationality, not your ethnicity'. Would he have asked my son that if my son was another colour? Certainly, if I had been in the car the policeman would have been directed to a short jetty in the Gulf of Paria and told to take a long jump.


Now, I don't know about you, but I found these questions to be as offensive as they were disturbing and when my wife and son came home and reported the incident to me I was as upset as I ought to have been. It is probably better that I don't say what I thought were his reasons for asking those questions, but I was and am offended and annoyed.  Look, it is either we live under a system of law or we don't. We can't pretend that we are law abiding when the police so casually trample upon our constitutional rights and ask intrusive questions that have no place in a civilized and law abiding community.


Then last Friday a client came to see me because he said that he said that he had received a call from a police woman from the St. James police station concerning a domestic dispute between him and his live in girlfriend. But the woman police officer didn't leave her name and when I called the number on his cell phone from which the call had been received there was no answer! So? Was it a real call? If so, why didn't the officer identify herself and why was there no answer from the landline on which the original call had been made? Because I called the number and got no reply! Or is it that the police do not now answer their landline telephones?


I guess I'm already keyed up and annoyed because of the reports in the newspapers about the WASA police seizing farmers' water pumps. Let me explain: all the fresh water that comes out of the ground in this country belongs to WASA and you can't even drill a well on your property at home and extract it without a licence. So, if the farmers did take water from a stream without a licence to do so then they have committed an offence and can be fined for that offence.




BUT (and it is a big "but") the Constitution of our Republic gives all of us a right to private property. Put another way, no policeman can take away anything from you WITHOUT  a Court Order. Anybody who does so is committing an offence. Put another way, two, or even three wrongs do not make a right.


Well, you might say that is no big thing. But it is a big thing. This is how dictatorships start ... take control of little things and gradually work up to bigger things.


Then we had the Gulf View searches in La Romaine. To date the police have not produced the search warrants. Again, why is this a big thing? Because as long ago as 1215 when the Magna Carta was signed a man's home was regarded as his castle and the State cannot enter into a man's home without lawful authority. This means that unless the police are in hot pursuit of a criminal they cannot enter anybody's property without lawful authority ... a search warrant or a Court Order... and if they do not show the owner the warrant he is within his legal right to refuse entry. Further, the police officer showing the warrant must be identified in the warrant as well as any other police officers who are looking to enter and search the house.


Now, from the news reports it seems that five houses were searched. Question: how many search warrants were issued? Another question: why has it been so difficult to produce the warrants? Another question again: why did some police officers cover their faces?


Then we have the ongoing problem of a policeman in a police car turning on his siren to get out of traffic to the annoyance of everyone. Heck, every weekday morning at around 7:15am I see a police jeep speeding eastwards in Cocorite with its siren blaring. You mean to tell me that you really believe that every weekday morning at about that time there is a police emergency?  Really? Pull the other one ... it's got bells on it!


This is the way that dictatorships start. At first the authorities abuse their powers in small ways and when there is no 'push back' then they push a little more, and then a little more and so on until before you know it your rights have flown out the window. 


One of the favourite excuses for the sort of police actions that we have been seeing recently is this is being done because of the extraordinary crime wave that we are experiencing. But, hello! That is what states of emergency were designed for under the Constitution. The advantage of having a state of emergency is that everybody knows that constitutional rights are suspended AND they are always for a limited time AND appropriate questions can be asked in Parliament ... which, after all, is what is supposed to happen.


What is not supposed to happen is that the police can effectively operate as if they are a law unto themselves and not give any account for their actions. We DO have a right to know and we DO have a right to ask questions and we DO have a right to push back against unlawful searches and seizures. At least, that is what our laws still say. If these laws have been changed then nobody has told me!

THE NEXT GENERAL ELECTION

When Trinbagonians go to the polls in a general election (whether later this year as many believe will happen, or in September next year when it is due) it could very well be the last time for a very long time that the PNM wins an overall majority, unless the Party renews itself and starts to deliver on its promises to increasingly disgruntled supporters. Certainly, the available evidence suggests that just ain't gonna happen any time soon ... but a week is a long time in politics and unless your name is Vishnu Bisram of NACTA fame you will not want to make any type of prediction to have it come back and bite you in the nether regions! We'll have to wait and see, even though many of us still feel that we're getting wet by the rain that the erstwhile Finance Minister says has gone which allows him now to see clearly.


As things stand today (and certainly not tomorrow or even next week) the opposition UNC is likely to retain its 18 seats.  But the real fight will be in the marginal seats,  and as things stand right now it very much looks like the PNM may take a hit in those marginal seats that it now holds. Assuming (though obviously not accepting) that my crystal ball is fairly accurate as to how things stand today, it looks like the PNM will take a hit (i.e., it will lose) at least San Fernando West, St. Joseph, Tunapuna and Tobago East. In the first 3, if the UNC wins them while holding on to it's 18 seats that puts them over the top and into government. (Remember that the "magic" number is 21!) If the PNM loses all 3 but manages to "steal" a UNC seat (which I honestly don't see happening ... but, hey! We're speculating) then we get a rather interesting scenario with Watson Duke & Co. holding Tobago East and therefore the balance of power. (I'm saying this based on various reports that I have received which suggest that Mr. Duke will win Tobago East if there was an election today!) Now, if THAT happens, we could well be reading "Prime Minister Watson Duke said today ..."! Don't laugh! It could happen and Mr. Duke seems to be playing for just that eventuality.


Further,  I will be the first to admit that there are other PNM seats that look as though they might be up for grabs. My list of 3 seats falling in Trinidad is by no means meant to be conclusive. Honestly, as things stand right now I believe that at least another 2 PNM held seats will fall (Moruga/Tableland and La Horquetta/Talparo).  My real point is that in the Parliamentary system that we have its no good saying "I feel that X party will win". You have to say which seats will stay and which will fall to the other side (whoever "the other side" might be). And that's what I'm trying to do here.


That we (the T&T electorate) have a very real problem and a very serious choice to make when the election comes is indisputable. Both major political parties have huge corruption issues attached to their names. The UNC is still struggling with all of the allegations against them and which have been given new life by the Ramlogan/Ramdeen charges. But the ruling PNM is also facing some terrible allegations of corruption such as the depositing of $140,000 in cash by a senior minister with no explanation being given as to where the cash came from, the closure of Petrotrin and the proposed sale of the refinery, the "Fake Oil" scandal, the Tobago ferries, the Australian boats,  "Emailgate", etc.. Unfortunately, the list on both sides is too long for comfort.


Sadly, I expect the 'race card' to be played in the next elections. There already is some evidence of this happening.  Maybe that is the real reason why we can't seem to get our act together and make this little country of ours the proverbial "shining city on the hill".

A VALID CHARGE ... OR A MASSIVE DISTRACTION

Okay. At this early stage of proceedings there are very few of us who will have any idea as to what exactly is going on in the Ramlogan/Ramdeen matter and whether or not there really is something for all of us to be concerned about. After all, where there is smoke there is fire ... or a smoke making machine! And there's my problem. Well, we'll all find out soon enough, I guess, but there are some rather troubling aspects of this whole affair which have caused me to raise my eyebrows in wonder.


The first thing that I have noticed is that Messrs. Ramdeen and Ramlogan have only been charged with conspiracy to commit a crime ... and not with having committed the actual crime which they are alleged to have conspired to commit. Why? Conspiracy is one of the most difficult crimes to prove and usually charges under this head of criminal law are brought in conjunction with the actual crime which the perpetrators have allegedly conspired to commit. But that isn't the case here! Why? Did any money pass? If so, then why isn't that part of the case as well?


Then there is the curious case of the Jamaican-born English QC pleading guilty under a plea agreement which we haven't seen ... at least not yet. Okay. The reports say that the plea agreement will be presented in the High Court next week so it is a fair argument to say that it cannot be published until the presiding Judge sees it. (Although I would be prepared to argue otherwise ... but that is another argument and not relevant to this post.) In other words, is the learned gentleman going to be allowed to keep his money which apparently he is saying was part of a conspiracy? Or is it that he is saying that no money passed but he is guilty of conspiring with Messrs. Ramdeen and Ramlogan and perhaps others to make money pass?


You see, as I understand the law, (and I will happily admit that my understanding may be incomplete) the recent Explain Your Wealth Act and other relevant legislation effectively means that if I receive, say, $100 under circumstances which involve the commission of a crime (such as conspiracy) and I conspire with you (who are organizing/approving the payment for me) to give you, say, $50 out of the $100 then the entire $100 becomes forfeit to the State if I am proven guilty and I have to pay the whole $100 back.


So my question is: is this guy, Nelson Vincent QC, going to have to pay back any or all of the millions that he is reported to have received? And if not, why not? And if so, how much and when will he pay it back under the plea agreement? Immediately? Or has he done so already? If he has paid it back, when did he do so?


No. There is something not quite right with this whole story. Exactly what is not right I can't say, but it is clear that we are not getting the whole story. If we do get the whole story at some time in the future, then there you go! All is well. But why can't we be given the whole story now? Something is just not right and there are too many "whys" arising which need to be explained. It isn't that they can't be explained, but that they are not being explained.


Of course, the possibility exists that all this could just be a massive distraction and elections are going to be called fairly soon.  Isn't that a sad commentary on our democracy when thoughts like this can even arise and leave you wondering?