V o l u m e 1 2 - I s s u e N o 1 N o v e m b e r 2 0 1 9 SUPPORTING THE BAHAMAS- THE EFFECTS OF HURRICANE DORIAN IN THIS ISSUE
The Margaret Forte Mooting Competition Experience 2019…Pg 5
Best Interests of the Child – 30 years after the Convention on the Rights of the Child…Pg 6
Living in a World Gone Plastic: Creating Legal Gonzalo Gaudenzi/AP Pho to Rights for the By Floidira Collie: Student of the Eugene Dupuch Law School Environment…Pg 7 It has been approximately two months since The Bahamas is deeply moved by the Hurricane Dorian struck The Bahamas. outpouring of support and love that we Breaking Boundaries Hurricane Dorian was the most powerful have been receiving from our friends from all around the world following the with Knowledge Sharing tropical cyclone on record to affect The devastation caused by Hurricane Dorian. Bahamas, thus, making it theT wRoTrsRt nRatEurCalENT GRADUATES Through Judicial disaster in the country’s history. Hurricane We implore you all to continue to help Settlement Conference Dorian delivered a devastatinMg AbloKw ItNo Gthe WwAherVevEerS a nIdN w LheAneWver you can. If you Training…Pg 8 islands of Abaco and Grand Bahamas, with wish to donate, some of the various 185 mph winds and 20 feet of storm surges. organisations spearheading hurricane The devastation Dorian left behind was relief efforts are the New Providence Community Church, The Bahamas Red Reading for staggering, leaving the country’s second and Cross Society, The Salvation Army Pleasure...Pg 12 third largest cities uninhabitable. Natives Bahamas and World Kitchen. These groups were displaced, homes destroyed, have received generous amounts of landscapes damaged and loved ones lost donations and supplies to assist with food, Reader's Corner: A Book during this tragedy. A number of our very shelter and medicine and they are Review: Life by Keith own students at the Eugene Dupuch Law wholeheartedly committed to helping Richards...Pg 16 School are either natives or have relatives those in need. living in the affected islands, and, therefore, this devastation is personal to everyone. We Together we can make a difference. Handling Stress...Pg 17 fully stand behind them during this time. Forward. Upward. Onward. Together!
The total economic collapse of these islands Interview with the has left thousands of Bahamians emotionally Honourable Mr. Justice and financially scarred. Persons will require Jefferson Cumberbatch, at least months, if not years, before those impacted by the storm can begin to feel a H J.A….Pg 30 WL sense of normalcy. S G AV EL P A G E 2 V o l u m e 1 2 - I s s u e N o 1 T h e G A V E L
Editorial Committee Corner Credits THE GAVEL
is the official newsletter of the Hugh Wooding Law School situated at Gordon Street, St. Augustine, Trinidad and Tobago. It is published three times a year by a joint committee of staff and students.
Send all e-mails to: [email protected]
Editorial Committee Staff Nisha Math ura-Allahar BACK L-R: Mr Michael Modeste; Mr Rico Yearwood; Mr Jason Nathu Timothy Singh. FRONT L-R: Ms Ayanna Norville; Ms Rudranath Maharaj Mickhela Alexander; Ms Giselle Diaz; Ms Rebekka Wooding; Mr Jason Nathu; Mrs Nisha Mathura-Allahar. Editor at Large Imran Khan ABSENT: Ms Jubilanté Cutting; Ms Francisa Campbell; Mr Kevin Lalla; Mr Alexander Gafoor; Ms Karissa Editors Dowalatsingh. Rico Yearwood
Rebekka Wooding Special thanks to our Tutor Editors, Mr Roshan Ramcharitar and Ms Kerry-Ann Harrison, and also a Design, Layout and special thank you to Principal Miriam Samaru and Mrs Photography Francisca Campbell for their continued support. Timothy J. R. Singh Michael T. Modeste Jubilante Cutting Ayanna Norville
Disclaimer Please be advised that the views expressed in the articles contained herein are Welcome to the Hugh Wooding Law School’s 2019- those of the individual 2020 academic year! While working hard and authors and not of the overcoming challenges, don’t forget to enjoy this Editorial Committee/Hugh Wooding Law School and/or experience and embrace the opportunities that this the Council of Legal year will bring! Education T h e G A V E L V o l u m e 1 2 - I s s u e N o 1 P A G E 3
TO MOOT OR NOT TO MOOT?
BY AJAY MARAJ
This question plagues law students every year. To most, mooting is a foreign concept, often met with fright, terror and, sometimes, even disgust, as the suggestion of additional work with an already packed law school schedule does not go over well for most students.
It all comes down to the age-old question: is it worth it?
In short form, yes it is. Mooting has been the most rewarding experience for me throughout year one of Hugh Wooding Law School.
Before we get into the benefits, we must first answer the question, what is mooting?
Blacks Law Dictionary defines mooting as ‘the exercise of arguing questions of became filled with research, debating per week, much like the mooting law or equity, raised for the purpose’. different points of law, and of course, process. While this definition may describe a many hours of reading. The five-month moot, it does not come close to giving period of competition was truly the Mooting allowed me to better manage the expectations required as I had effect to what actually occurs. Mooting most rewarding period of my first year already begun honing the necessary is challenging; there is no getting of law school. Although we were often skills to function within the firm. around that. However, it is a process. A plagued with what seemed like never moot is not simply an argument but, ending mountains of work, we To answer the question captioned at rather, a process to be undergone for persevered and also improved. The title, moot. Not only is it a rewarding the betterment of oneself. quality of our advocacy and our experience which allows for personal communication as a team gradually development and building of Within the legal profession and as a law increased throughout the competition. irreplaceable friendships and a sound student, there are certain skills which We became inseparable as a unit, able network, but it prepares one for the are unquestionably beneficial: to agree and, more importantly, realities of the working world, making advocacy, legal writing, time disagree with each other for the benefit it an all-round beneficial experience. management. Mooting allows an of the team. individual to refine these skills and many more through consistent The process of mooting required us to practice. be more effective in order to balance competing obligations. Following the In October 2018, my team (Jeron Paul competition, I was fortunate enough to and Vandana Ramadhar) and I set out to be accepted for my in-service training compete in the Hamel-Smith Appellate period at M. Hamel-Smith & Co., and Mooting Competition 2018/2019. For what followed was more of the same. I us, making the decision to compete was was required to work in teams, provide numerous legal opinions, drafts of legal not a question of if, but when. Soon, HW documents, and clarify nuanced points LS exams, assignments and classes were G of law, often having multiple deadlines A the least of our problems. Our days VE L
P A G E 4 V o l u m e 1 2 - I s s u e N o 1 T h e G A V E L
THE MARGARET FORTE REGIONAL INTER-SCHOOL MOOT COMPETITION EXPERIENCE
BY DEANDRA FREDERICK
Participating in the Margaret Forte Inter-School Moot Competition was certainly an enriching and invaluable experience. It all started when I wrote my name on the sign-up sheet. I had always shied away from mooting, so entering the competition took a significant amount of bravery, enthusiasm and confidence. Nonetheless, my love for criminal law and aspiration to challenge myself propelled me to ultimately step out of my comfort zone. When I reflect on the individual I was at the trial rounds of the competition compared to who I am now, I can definitely say that I have grown 100%.
My teammates and I worked well as a unit. It was almost like we could read each other’s minds on the day of the competition, and I could not have asked for a better team. We are forever grateful to our coaches Mme. Justice Brown-Antoine, Ms. Renuka Rambhajan, Mr. Dylan Martin and Ms. Kavita Deochan. We could not have excelled without their guidance, dedication and valuable time spent in preparing us for the competition. The weeks leading up to the The Winning Team! From Left to Right: Martie Garnes; Jonathan Khan; competition were intense and our and Deandra Frederick. coaches ensured that no stone was It was a very exciting role to play and participate in mooting as the left unturned. We were prepared to called for an overall knowledge of the experience gained will be put to answer any possible objection case, creativity and keen attention to significant use during your legal arising, drilled on the rules of detail throughout the trial. As a team, career. evidence, court etiquette, cross- we not only became better equipped examination techniques and with advocacy skills but we also supplemental authorities. We were cultivated valuable life skills. One of ready to win. them that resonates with me is that,
“you will never know what you are As instructing counsel, I was tasked capable of until you put yourself in a with the responsibility of being both position to do something you the eyes and ears of my two have never done before.” I would H teammates, Jonathan Khan and WL encourage all law students to S G Martie Garnes, who were advocates. AV EL T h e G a v e l V o l u m e 1 2 - I s s u e N o 1 P A G E 5
THE MARGARET FORTE MOOTING COMPETITION EXPERIENCE 2019
BY JONATHAN KHAN
Coaches: From Top Left to Top Right: Justice Brown-Antoine; Dylan Martin; and Renuka Rambhajan. Advocates: Jonathan Khan; Deandra Frederick; and Martie Garnes.
After several long years, the Margaret becoming familiar with Court etiquette nights, all the extra work came to Forte Title is finally back with the and practice. The days leading up to the well-deserved fruition. The HWLS! In November 2018, after three moot were filled with preparation of experience and practical knowledge grueling rounds of selection, Martie witnesses, submitting authorities, and we gained will serve us for the rest of Garnes, Deandra Frederick and I were revising issues, questions and our practice as attorneys. It was our given the privilege and responsibility addresses. pleasure to represent our school and of representing HWLS in the to bring the Shield home. But we Margaret Forte Inter-School Mooting On March 15, 2019, the time for practice could not have won without our Competition. The mission was clear: was over. Martie and I as advocates and coaches. The phrase ‘team effort’ WIN, especially with the competition Deandra as our instructing attorney could not be more apt to describe our this year being held at our home, the were for the Prosecution. The NMLS victory. We, and by extension, the HWLS, given that the former team to our right were for the Defence. school, are greatly indebted to the champions from NMLS would be our The jury was to our left and Justice instrumental efforts of Justice opponents. Holdip presided. We were required to Brown-Antoine and our coaches for prove grievous bodily harm with intent this great accomplishment. The The preparation began and was beyond a reasonable doubt. But we HWLS are champions. Long may it intense, to say the least. Justice were ready. After a legal battle that continue. Brown-Antoine, ably supported by lasted for hours, the jury returned a Mr. Dylan Martin, Ms. Renuka narrow not guilty verdict. However, Rambhajan and Ms. Kavita Deochan, when the scores were read, there was ensured this. Examination-in-chief confirmation of what we all felt. 246-221 and cross-examination became in favour of the HWLS. Mission staples in our diet at least once every accomplished. week, even on Saturdays. Justice Brown-Antoine organised practice I can speak for my teammates when I moots for us that were crucial in say that this was one of, if not, our HW LS developing our skills in working as a proudest moments as law school GA VE team, taking objections, and students. All the long days, all the late L P A G E 6 V o l u m e 1 2 - I s s u e N o 1 T h e G A V E L BEST INTERESTS OF THE CHILD – 30 YEARS AFTER THE CONVENTION ON THE RIGHTS OF THE CHILD
BY CHELVI RAMKISSOON
Children are the world’s most valuable resource and its best hope for the future.
J O H N F . K E N N E D Y
Universal Children’s Day is held annually on November 20, commemorating the adoption of the Convention on the Rights of the Child (CRC) 1989 by the United Nations General Assembly. The CRC is the most widely ratified human rights treaty – with 196 State Parties. It recognises the inherent dignity of children as equal members of the human family. 2019 marks the 30th anniversary of the birth of this historic document. into a vocation or profession, his marriage and equalising the status of Article 3 of the CRC states that in all right to succeed to property and to children born in and out of wedlock. actions concerning children, the best have heirs”: Ampthill Peerage Case interests of the child shall be the [1977] AC 547 per Lord Wilberforce. Moreover, the myth of absolute primary consideration. However, the Such discrimination was the parental authority has been dispelled. A law did not always promote a child’s antithesis of promoting a child’s child possessing sufficient intelligence best interests. Parents possessed best interests. Although equity to understand the nature and ultimate control over all decisions intervened to give parental rights to implications of his actions (a Gillick- competent child) can act in his own affecting a child born in wedlock, mothers of out of wedlock children, best interests, overriding his parent’s irrespective of being in the child’s best the law nevertheless remained decisions. Furthermore, the court can interests. The child’s voice was parent-centric. exercise its parens patriae power to silenced, like an inanimate object override decisions made by parents and lacking thoughts, emotions and The law has now shifted in favour of putting a child’s best interests first. Gillick-competent children. This attests ambitions of his/her own. to the supremacy of the “best interests” To give domestic effect to its CRC obligations, Trinidad and Tobago principle which transcends decisions A child born out of wedlock was filius concerning religion, medical treatment nullius – a child of no one. The law enacted a suite of legislation, including the Children Act and and custody. punished this innocent child who had Children’s Authority Act. This robust no control over how he entered this Simply ratifying the CRC is insufficient. system is amplified by legislation world. Being deemed the legitimate It takes a village to achieve the best mandating compulsory school child of one’s parents affected a child’s interests of our most valuable resource. attendance, prohibiting child “standing in the world, his acceptance
T h e G A V E L V o l u m e 1 2 - I s s u e N o 1 P A G E 7
Living in a World Gone Plastic: Creating Legal Rights for the Environment
BY VANDANA RAMADHAR
Background
The survival of rainforests, rivers, ecosystems, and animals is being increasingly threatened, and there is a global move towards conferring legal rights to the inanimate.
Specifically, according to Forbes in “Caribbean Islands Are The Biggest Plastic Polluters Per Capita In The World,” Trinidad & Tobago produces 3.6 kilograms of plastic waste per capita per day— the largest in the world. At least 5% per capita per day (or 0.19 kg per person per day) of this plastic debris is almost guaranteed to end up in the ocean.
The conferring of legal rights to the is the seminal ruling in Smith et al v L. of persons, while in 2011 legal rights environment is therefore critical and J. Williams Ltd CA No. 19 of 1980. A were used to protect the rivers of can no longer be postponed. generous interpretation of the Victoria, Australia. India’s Court used Therefore, in the future, our Courts Constitution allowed the term the guardianship model to create the will likely have to construe our "individual” to be construed to include legal personality for the Ganges and constitution in relation to the bodies corporate because: Yamuna rivers by establishing them as environment. legal minors under the law. This (a) a liberal approach to its recognised their legal status and Currently, the failure to consider the construction is preferred to the rights while acknowledging that they injuries to the environment (as restrictive literalist approach; and cannot speak for themselves. Specific opposed to the human users of, or (b) its interpretation should not be positions within the government were participants in, that environment) characterised by the strictures identified to act in loco parentis for renders a significant proportion of the associated with construction of an the rivers. total injuries unaccounted. For ordinary statute. example, the cost of poor water is These cases offer the first examples of calculated in terms of the costs of Additionally, the Court ought to be legal rights being applied to a specific, treatment necessary to improve the guided by the learning from Minister identifiable, bounded natural feature water quality. However, this of Home Affairs v Fisher [1980] A.C. (a river and its catchment). assessment fails to address the 319 that the Constitution is sui generis broader issues associated with the and therefore requires a generous In light of increasing environmental river’s ecosystem health and well- interpretation that avoids “the pressures, the urgency of protective being. Thus, injuries to the river must austerity of tabulated legalism.” The measures is undeniable. The legal be recognised in Court to ensure unprecedented environmental development has the potential to accurate compensation. challenges require an unprecedented create new legal precedent in legal response, while being cognizant environmental law, and open a fresh Constitutional Interpretation of established rules of interpretation. pathway for environmental management. Caribbean Courts are no strangers to Persuasive Precedent: The Global the conferring of constitutional rights Approach beyond the scope of human persons and are, thus, likely to adhere to the In March 2017, three rivers, the guidelines established by precedent. Whanganui River in New Zealand, and HW LS The well-known example, cited by all the Ganges and Yamuna rivers in GA VE law students and practitioners alike, India, were conferred the legal status L
P A G E 8 V o l u m e 1 2 - I s s u e N o 1 T h e G A V E L
BREAKING BOUNDARIES WITH KNOWLEDGE SHARING THROUGH JUDICIAL SETTLEMENT CONFERENCE TRAINING
By Mrs. Giselle Yearwood Welch Course Director, Alternative Dispute Resolution Programme Hugh Wooding Law School
On Tuesday September 4, 2019 and Thursday September 12, 2019, 13 graduands from the Hugh Wooding Law School’s Graduating Class of 2019, broke new ground for knowledge sharing.
These students from the Mediation Advocacy Programme of the Hugh Wooding Law School (2018-2019 Academic Year) volunteered to participate in Judicial Settlement Conference training which was being conducted by the Honourable Justice Vasheist Kokaram, High Court Judge of the Supreme Court of Judicature, Trinidad and Tobago, for the Judicial Education Institute of Trinidad and Tobago.
This unique opportunity saw a call-out The student volunteers worked in pairs or Preparation and Partnering in early July 2019 (following the final groups, as counsel and client for the In order to assume the character of May examinations), for the claimant; with another pair on the other either the counsel or client in the avid participation of volunteers from side, as counsel and client for the disputes, based on the fact pattern my Mediation Advocacy class to defendant (following a similar pairing provided, the students anticipated participate in this training. format to the Mediation Advocacy class the need to prepare their opening sessions). statement and to determine when The intent was that the students would and whether to share any relevant undertake the role of counsel/client in In some of the role-plays, one Registrar role-plays, using the mediation information (preparing their was targeted to undertake the role of a advocacy skills which they learnt negotiating strategy). during their Mediation Advocacy undertake the role of a component. The call-out generated 13 Judicial Settlement Officer. In at least two Session Feedback eager students, who remained sessions, two Registrars acted as a Judicial During a short window in which I steadfast in their commitment to Settlement Officer – simulating a co- visited, whilst the Judicial assist, despite a shift of the date from mediation technique among the Settlement Conferencing Training late July to early September, 2019. Registrars. These were the late afternoon was in progress, I was so proud to
sessions for the final role-play in which all listen to the insightful commentary The students were afforded the privilege of a pre-training session in the students partook. being offered by the students. As which Justice Kokaram provided the Justice Kokaram posed questions ins and outs of Judicial Settlement Graduate, Ms. Danielle Callender, and gave constructive feedback, I Conferencing (this was akin to a crash- observed that she found this style worked observed that many lessons were course session under a half day). The very well in her group, as the Registrars gleaned from the morning session session with the Registrars followed on were able to recognise each other’s focused on how a Judicial another day, one week after the pre- strengths and weaknesses and supported Settlement Officer manages to cull training, giving ample opportunity to each other during the conferencing the issues, reframe toxic language, allow the students to prepare for the manage differing perspectives of assigned three role-plays. process. the parties, take notes and maintain eye-contact.
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Although the students were trained as counsel and client for what to do during a mediation, their facilitation skills came in very handy for the problem-solving mindset which was still required of the disputants for a Judicial Settlement Conference.
Collaboration for the future Thank you again graduates! You seized a great opportunity for collaboration and to represent the Hugh Wooding Law School. You have made us very proud! You have paved the way for the start of future collaboration, in which both sides gain. Justice Kokaram is eager for a repeat of this To my prospective 2019-2020 students, the call beckons - collaboration next year. To this end, it will be onwards and upwards always, with a problem-solving interesting to note whether the volunteers are approach! Photographs from the training: courtesy of increased, with a wider pool of avid participants, HWLS Graduate, Rolana Cuffy-Bernard who will be seeking to increase their toolkit of skills. P A G E 1 0 V o l u m e 1 2 - I s s u e N o 1 T h e G A V E L ADVANCING EVIDENTIAL SAFEGUARDS IN THE TECHNOLOGICAL ERA BY VANDANA RAMADHAR
Background features require unique adaptive As numerous gadgets incorporate responses. R v Vu [2013] 3 SCR 657 computer chips, computers are In the technological era, the judicial showed the importance of such wide-ranging. Thus, the scope of system has been compelled to responses to electronic evidence, section 40 of the Evidence Act is grapple with the increased reliance namely: very large. A literal interpretation on electronic evidence by parties to results in any computer-generated criminal and civil litigation and its a. Computers store the statement being admissible. potential conflict with privacy biographical core of personal rights. information. b. Computers automatically Safeguards The law of evidence has been generate records, unbeknownst to governed by the learning in Kuruma the user, thereby compromising The expansive scope for the v R [1955] AC 197, which states that control of private information. invasion of privacy mandates that the primary test for admissibility of Analysts can reconstruct the additional safeguards are evidence is relevance. However, the development of a file and access adopted. The first hurdle parties extent of information accessible information about contributors or must overcome to admit electronic from electronic devices and the trace websites visited and search evidence is the test of authenticity. potential for grave violations of terms employed. In criminal proceedings, section 14B privacy rights is unique to c. The physical presence of of the Evidence Act directs the electronic evidence. Thus, the law traditional evidence permits the Court to consider whether there are on admissibility of electronic search, whereas when connected reasonable grounds for believing evidence has been forced to adapt to the Internet, computers serve that the statement is inaccurate to the paradigm shift. as portals to an almost infinite because of improper use of the amount of information that is computer, or whether improper Significance shared between different users and operation of the computer did not networks. affect the production, or accuracy, Electronic evidence undeniably of the document. The law was plays a large role in litigation. As Scope of ‘computer’ clarified in R v. Sheppard [1993] AC evidenced in State v. Sandhu (2005) Section 40 (6) of the Evidence Act, 80. There, records from till rolls 11 SCC 600, links between the slain Chapter 7:02 defines ‘computer’ as linked to a central computer were terrorists and the masterminds of any device for storing and produced to prove that items the attack were established only processing information, and any possessed by the accused had not through phone call transcripts reference to information being been billed and had thus been obtained from the mobile service derived from other information is a stolen. The Court held that if it providers. reference to its being derived could be shown, by someone therefrom by calculation, familiar with the computer, that the In light of the increasing importance comparison or any other process. computer was functioning properly of electronic evidence, its unique and was not misused, the computer
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record was admissible as evidence. The second inadmissible evidence since they violated Article hurdle involves a question of reliability. Tampering 20(3) of the Constitution, which protects against with electronic evidence is increasingly likely but self-incrimination. Therefore, it is submitted that technology itself, through computer forensics, has every new form of computer technology that yields solutions for such problems. In Daubert v Merrell evidence should be subjected to tests of Dow Pharmaceuticals 509 U.S. 579 (1993), general constitutionality and legality. considerations were established, including whether the evidence was derived by the scientific method, Prevention of crime is a prerogative of the State and peer reviewed, generally accepted and what was the the punishment of the crime, if proved, is also the risk of error and control mechanisms. duty of the State. However, the admissibility of
electronic evidence to prove such crimes must be Further, to facilitate the meeting of the internet age weighed against the extent to which the State can with the law of search and seizure, the law has developed the procedural safeguard of requiring limit individual rights in the garb of fulfilment of its specific pre-authorisation for the search of a duty. Existing safeguards mitigate against computer, as distinct from the general search abrogation of the right to privacy. However, further warrant (Vu). Alcee v AG SLUHC2016/0006 safeguards are essential to avoid generous endorsed that a search warrant to seize an interpretations of the Act, which culminate in electronic device does not also give the right to unjustifiable and disproportionate harm. search its contents, even if the offence is one which intimates that it is the data on the device which is relevant.
Thus, it is evident that the legal framework has adapted to the technological era by safeguarding persons from excessive invasions of their privacy that are not reasonably justifiable.
Practical considerations
Practical considerations, as well as ethics, must restrict the scope of the Act. For instance, in Dalmia HW v. State Crl. R.C. No. 259 of 2006, the Supreme Court LS GA of India declared test results of narco-analysis to be VEL P A G E 1 2 V o l u m e 1 2 - I s s u e N o 3 T h e G A V E L READING FOR PLEASURE
BY JUSTICE RONNIE BOODOOSINGH
Lawyers spend most of their professional time reading and writing. You can’t be a lawyer without being a reader. But what about reading for pleasure? Reading, just for reading.
In my career, I have found that reading books, articles and magazines has made me a better lawyer and judge. You learn about different things. You open your mind. You see things differently. You get ideas. You are better able to problem solve. You think more logically. You understand people better. You know more. You sharpen your brain. You write better. You just get pleasure from spending time in a comfortable place reading.
I have made it a habit to read something other than my work for at least half an hour per day. That way, Educated, A Memoir (Tara This is Going to Hurt (Adam Kay) – A I get through at least 2 books per Westover) – This is a story about funny, but oh-so-serious account of month during term time. At holiday growing up in a tough Mormon the life of a young doctor working on time I finish more. I read more non- family in middle America and where the wards, written as a secret diary. fiction, but some fiction. I like that took her. humour and I like to read about law, True Tales of Trying Times, Legal especially biographies. Eleanor Oliphant is Completely Fine Fables for Today (Bob Rains) – This (Gail Honeyman) – I just could not is a roll around the floor account of Here is my list of 10 books I read put this one down. I read it in one some modern cases written as fables recently. I recommend them, with a night and morning during the with a rhyming moral at the end. The one line review of each. holidays. The plot is so courtroom can be an incredibly engaging I am not giving a hint. entertaining place. Factfulness (Hans, Olaf and Anna Rosling) – truth is important. You’d The Art of the Loophole (Nick Beyond The Bridge (Clinton Bernard be surprised to know how much Freeman) – How an English lawyer SC) – This tells the story of former better off we are than you think. used loopholes to get his clients off, Chief Justice Clinton Bernard from mainly of traffic offences. It tells the his humble beginnings to the third The Little Book of Lykke (Meik story of what lawyers do. highest office in the Wiking) – A great reminder, backed land. by research, of the things that create Talking to My Daughter, A Brief real happiness the world over. History of Capitalism (Yanis Good luck in law school and good
Varoufakis) – This is a unique reading too! Madam, Where Are Your Mangoes? explanation of why there is so much (Desmond De Silva) – a humorous episodic biography of an inequality in the world, written by a accomplished English QC. father explaining it to his teenage daughter.
H WLS GA VEL
T h e G A V E L V o l u m e 1 2 - I s s u e N o 1 P A G E 1 3 THE SEOUL OF THE SEA: UNFORGETTABLE EXPERIENCE IN KOREA BY DESHON J. GRIFFITH*
Unforgettable, amazing and worthwhile – all words I would use to describe my experience in the Republic of Korea this summer from August 26 to September 6. I was chosen from among 277 applicants around the world to participate in a two-week networking and capacity building programme in Yeosu, Korea on the Law of the Sea. The programme, the Yeosu Academy for the Law of the Sea (‘YALOS’), is held annually and funded by the Korean Government while coordinated by the Korean Maritime Institute. This year there were 49 participants from 30 countries around the world with various professional backgrounds boundary delimitation respectively. Yeosu - “the Seoul of the Sea”. from mid-career to senior level. During the first workshop, I led a Participants included researchers, well-received presentation on a My stay in Yeosu ended on an professors, scientists, coast guard scenario concerning assistance of a incredible note. Having received the personnel, lecturers, diplomats, navy distressed vessel and illicit drug second highest grade in the written personnel, shipping personnel, interdiction within another state’s exam and passed the oral exam, I lawyers, hydrographers, judges and territorial sea and contiguous zone received a cash prize along with a other government officials. respectively. The second and third Diploma Magna Cum Laude for being workshops were intense, complex the overall second-best performing The programme comprised lectures, and exciting negotiations. There were participant, just behind my friend workshops and field trips. several contentious political and legal Dany from Cambodia. It was indeed a Participants’ performance was maritime issues concerning fishing worthwhile experience which I would assessed by one written exam and one within the exclusive economic zone recommend to anyone who is oral exam. In week one, our lectures of another state, enforcement of passionate about the sea. covered the fundamentals of the law coastal state jurisdiction in such of the sea and policy such as: the circumstances and delimiting * Mr Griffith is a recent graduate of maritime zones, navigation, marine maritime boundaries in light of the HWLS, military officer in the pollution, marine scientific research, prospective oil and gas exploitation Barbados Coast Guard, maritime maritime security and the island and ‘traditional fishing rights’. I was consultant and attorney-at-law. He is regime. Our second week syllabus able to employ the negotiation skills I also a 2019 Chevening Scholar. covered practical and contemporary gained while representing the HWLS matters such as: fisheries, The Artic, at the CPR International Mediation piracy and armed robbery at sea, Competition, which led to practical dispute settlement, maritime agreements being reached in both boundary delimitation, biodiversity instances. beyond national jurisdiction (‘BBNJ’), disputed areas and transboundary Throughout the programme we found resources, global ocean governance time to appreciate the beauty of and law of the sea issues in East Asia. Yeosu – an amazing maritime hub full Our lecturers included judges, of beautiful scenery, history and professors, government officials and delicacies. We visited Hanwha Aqua representatives of specialised Planet, the Korea Coast Guard organisations who have garnered Academy, Naganeupseong Folk significant respect within the Village, the Yeosu Port and even went international maritime community. on a catamaran cruise. Although Typhoon Ling Ling cancelled our Our workshops covered navigation, plans to explore Seoul, the capital marine living resources and maritime city, we were enthralled to explore P A G E 1 4 V o l u m e 1 2 - I s s u e N o 1 T h e G A V E L IN WITH OUT WITH THE NEW THE OLD
Orientation week 2019
VS T h e G A V E L V o l u m e 1 2 - I s s u e N o 1 P a g e 1 5 FIRST YEAR'S COCKTAIL
Graduation 2019 P A G E 1 6 V o l u m e 1 2 - I s s u e N o 1 T h e G A V E L READER'S CORNER: A BOOK REVIEW: LIFE BY
BY ROGER RAMGOOLAM KEITH RICHARDS Keith Richards, the venerable lead guitarist/songwriter of the legendary band, The Rolling Stones, has led an extraordinarily rich life and, fortunately, he has chosen to share many of its highlights with us. Life is the story of Keith Richards and his legendary band, the Rolling Stones. Richards emerged from poverty and hopelessness in post-war England to become a rock 'n' roll icon; yet, throughout his highly entertaining autobiography, he never fails to pay homage to his musical idols: Chuck Berry, Howlin Wolf and Muddy Waters. Richards even had the opportunity to meet and perform with one of his musical heroes, Chuck Berry!
Running throughout Richards’ narrative is his passion for the guitar and an abiding love for the blues. He carefully details his earliest experiences with the instrument: his first guitar, the first tune he learned to play and his struggles to master the art of playing the blues, all without the benefit of formal tutoring. Guitar aficionados will be fascinated by Richards development of his extraordinary playing technique; removing the low E string from his instrument and then playing the other five strings in open G tuning; allowing Richards the scope to develop the Stones’ unique guitar sound.
His personal relationships are also prominently featured. The chapters, devoted to his sometimes tumultuous decade-long relationship with the mother of his first two children, are in turns enthralling and depressing; they were both heroin addicts caught between the relentless pull of their addiction and the needs of their young children. Richards’ meeting with the Stones’ future frontman, Mick Jagger when they were both teens is the stuff that fairy-tales are made of. Yet, a delve into the book’s pages reveals that their more than 40 year association turned out to be anything but perfect. Richards is also fulsome in his praise for his other band mates including drummer Charlie Watts, bassist Ronnie Wood and deceased co-founder and guitarist Brian Jones, citing their significant musical and personal influence on his life and career.
Excess is the cliché of the celebrity’s life story and Life is liberally sprinkled with anecdotes of Richards’ dalliances with drugs, alcohol and general debauchery. His legendary battle to cope with heroin addiction while continuing to produce albums at a prolific rate is fascinating- Richards sometimes went for days without sleep and little food when he was immersed in a musical project, only stopping (sometimes collapsing) when he was good and ready.
What is particularly fascinating about the Stones is how the band has been able to keep rocking for as long as they have. The Stones played shows as recently as August 2019, yet the band members’ average age is nearly 70! In Life, Richards credits the feelings of respect and brotherhood the members feel for each other for their remarkable longevity. Life, then, is not a prescription for anyone; rather, it is an entertaining stroll through the experiences of one of rock n roll’s most colourful personalities. The fact that Keith Richards is even alive (in spite of his admitted proclivities) and that the Stones’ music remains H relevant an entire generation after the band first recorded, is WLS GA reason enough to give this book a read. VEL
T h e G A V E L V o l u m e 1 2 - I s s u e N o 1 P A G E 1 7 HANDLING STRESS BY REBEKKA WOODING
Our new Mental Health series seeks to encourage students of the HWLS to consciously manage their mental health.
Handling Stress Stress is inevitable. Not only is it a hazard of our chosen profession, it is a normal part of life. Unmanaged, stress can pressurise feelings of anxiety and depression, especially in those already predisposed to them. However, if we are careful, we can manage our stress for the amelioration of our mental health. As law students, it is vital that we find productive, sustainable methods for managing stress. There are thousands of methods for lowering stress levels ranging from acupuncture to spending time with pets. It is important to note that what works for one person’s lifestyle may not be suitable for another’s, but here are a few research-backed methods for managing stress:
Exercise Feelings of stress are caused by a hormone called WE ARE SOCIAL! cortisol. Thirty minutes of heart pumping cardio is more than enough to release endorphins, a hormone FOLLOW US: that your body produces to make you feel happier and TWITTER: combat feelings of stress by lowering the body’s levels @hughwooding of stress hormones like cortisol and adrenaline.
INSTAGRAM: Make a List If you’re feeling overwhelmed by all of the things you @hughwooding have to do, write them down. This can help you focus on what you’re doing, rather than what is still to be FACEBOOK: done. You’ll be surprised by how much better you feel @HughWoodingLawSchool once you have a clear list in front of you, instead of having the thoughts of your responsibilities constantly Do You Have An bombarding you. ARTICLE That You Get Help If you are having trouble managing stress, often the Want To See best thing to do is communicate your concerns with PUBLISHED? someone else. Struggling along on your own, you may be able to create the appearance of having it all together, but by asking for help, you can lighten your load, even if just by having someone with whom you can talk things through. Write to us at: [email protected] Taking care of yourself is an all-too-easily neglected priority. With patience and conscientiousness, we can all become a little better at managing our stress. P A G E 1 8 V o l u m e 1 2 - I s s u e N o 1 T h e G A V E L Island Hoppers: From Barbados to Antigua
BY KEMAR ROBERTS
In moving from Barbados to Antigua having just completed law school, I have discovered some of the tips necessary for practice- which may be applicable to any young attorney in this region. Some of these tips are:
1. Never Limit your Employment 2. Build A Community 3. Be Unapologetic in Establishing Market Balance
As legal professionals within the It is impractical for the law school to It has been my experience that Caribbean Community, we possess cater to every law, policy and starting practice in another the qualifications to be called to the practice/procedure which we ought jurisdiction usually requires a high bar in most of the Member States, to know professionally. Additionally, level of focus in order to be on top without more. This is a huge benefit prudent counsel will quickly realise of your game. As a result of this, it that more of our attorneys ought to that learning continues for the may be likely that one starts to take advantage of, particularly if duration of our practice; it never neglect other factors of life. Balance they originate from an over- stops. It is therefore highly becomes absolutely necessary as saturated employment market. The important to build a community neglecting these factors can begin personal development which results within the legal profession. This will to affect your quality of life. Carve from the move to a new afford you the opportunity to be out the time to learn your new environment can also be conducive able to ask questions, bounce ideas environment, exercise, do to the professional development off, share, and learn from each meaningful activities, check in with needed throughout your career. other; particularly if you intend to your loved ones back at home, and One should, however, be prepared move to a new environment for ease your mind! These things will to actively research the various legal practice. become necessary for coping with systems present in the different the hard work required in the Member States before making a profession. move. T h e G A V E L V o l u m e 1 2 - I s s u e N o 1 P A G E 1 9
Island Hoppers: From Dominica to the British Virgin Islands BY KAEL LONDON
I have always thought of myself as more than just a Dominican but rather, a Caribbean citizen. I have had the opportunity to study in Grenada at the Youth with a Mission, in Barbados at the University of the West Indies, Cave Hill Campus and most recently, in Trinidad at the Hugh Wooding Law School. Despite my love for experiencing different cultures, I had not yet entertained the thought of practising law in a different country. It was not until a few weeks before sitting my final examinations in May of 2018 that I received a call concerning the possibility of practising in the British Virgin Islands (BVI).
Despite the fact that most of my immediate family members were all living in the BVI at the time, I always felt that Dominica would have been the best foundation for me. After much prayer, consultation and a few leaps of faith, I was on a flight bound for Tortola. This time, I disembarked as a resident and not a short-term tourist.
I was anxious! I had no friends in the territory but for a few people I met while studying at Cave Hill in 2013. I was not familiar with any of the Attorneys at the bar and had no idea as to how the Court system operated. Suffice to say, I felt like I was entering into a new dimension with great anticipation.
I had to remind myself of one of the secrets I learnt during my years of studying: ADAPTATION!
So here I am, ten months later with a few more friends, a better handle on the judicial system and embracing every opportunity to learn and grow in this noble profession. Always remember to walk humbly, but sometimes take a few leaps of faith even if that leap leads you to a different country!
“Our mandate was to update, innovate and re-create the website. That is just what we did. We gave it a fresh look reflecting the diversity of our student body, emphasising the Hugh Wooding Law School experience and providing information in a user friendly way with links to all of our dynamic social media sites.” - Miriam Samaru, Principal, Hugh Wooding Law School
Check out the law school’s new website at www.hwls.edu.tt P A G E 2 0 V o l u m e 1 2 - I s s u e N o 1 T h e G A V E L HUMAN RIGHTS COMMITTEE OF HUGH WOODING LAW SCHOOL
BY AYANNA NORVILLE AND CARRISSA JAGNANAN AWARENESS IN MOTION human ᛫ kind
From Left to Right: Dominique Lovell (Treasurer); Ariana Praboocharan (Year 1 Representative; Rebecca Rafeek (Secretary); Carrissa Jagnanan (Vice-President); Ayanna Norville (President); (be both) Michael Modeste (PRO); and Audreanna Thompson (Constitutional Chairperson).
As attorneys, or as budding these target groups and provide children in keeping with Universal attorneys in our case, we are called suitable avenues for the students Children’s Day 2019; and upon to serve. To serve the Court, to and staff of the Hugh Wooding Law serve our clients and to serve our School to assist with respect to Living Water Community and communities. Our Committee these issues. the Human Rights Clinic of Hugh focuses on service to the latter. Wooding Law School with respect Our Committee seeks to form to aiding the Venezuelan The Human Rights Committee of the partnerships with various migrants. Hugh Wooding Law School aims to foundations/organisations raise awareness for the promotion including: Join us and be active with the and protection of Fundamental Human Rights Committee as we seek Human Rights and Freedoms to A Women’s Home (to be to allow law students to make a students and the wider society. Founded on the motto, “Neither determined) with respect to difference in the lives of our target silence nor ignorance will protect helping women who were victims groups! our rights, so speak out!”, our of domestic violence in keeping Committee's mandate is to enrich with the International Day for the CONTACT US AT: the lives of others in society. Our Elimination of Violence against theme for the academic year 2019- Women 2019; The Hugh Wooding 2020 is “Awareness in Motion" as we Law School Human seek to bring awareness to the The Love All Serve All Foundation Rights Committee following target groups: with respect to feeding the homeless in addition to a food Women; and clothing drive to be Homeless; conducted at the Hugh Wooding Elderly; Law School in keeping with World Hwls_hrc Children; and Food Day 2019; Venezuelan migrants.
Keeping Families Longer We aim to do this through Together Nursing Home and fundraisers, awareness campaigns, Activity Centre with respect to outreach initiatives and visits, [email protected] writing and publishing articles and visiting the elderly in keeping creating avenues for discussions on with the International Day of the law and policies in place with Older Persons 2019; respect to these target groups. We endeavour to inform the student Ezekiel Home for Abandoned body, and, by extension, the wider Children with respect to visiting HW LS GA society about issues which concern VEL T h e G A V E L V o l u m e 1 2 - I s s u e N o 1 P A G E 2 1 THE CARIBBEAN ENVIRONMENTAL LAW SOCIETY BY ALEX RAMDASS, PRESIDENT OF THE C.E.L.S.
It is said that the ultimate test of man’s conscience is his protection and preservation of the environment to willingness to make sacrifices for future generations engage in environmental advocacy. Additionally, we knowing that their words of thanks will never be heard. endeavour to facilitate the creation of the culture of Our planet is dying, and we are responsible. The last five environmental activism within the Caribbean legal years (2014-2019) have been considered by many fraternity and ensure that the next generation of lawyers scientists to be the hottest period ever recorded. It is are cognisant of the fact that their duty includes the estimated that the ocean’s level will rise by approximately protection and preservation of the environment. 19 inches by the year 2050. The World Wildlife Fund estimates that between 200 and 2000 species of plants Our planned activities for the upcoming academic year and animals go extinct every year. The onus is on this include: present generation to take action to ensure that future generations are not adversely affected by our decisions. Hikes
Across the globe, countries have begun to take measures Beach Clean Ups to address this crisis. Recently at the United Nations Tree Planting Excursions General Assembly, world leaders met to discuss Recycling Initiatives multilateral efforts for poverty eradication, quality Environmental Forums education, climate action and inclusion. Simultaneously, Collaborative projects with local NGO’s and students students across the globe spurred on by youth climate of the University of the West Indies. activist, Greta Thunberg, organised a Global Climate Public Education Campaigns Strike, in protest of past generations’ failure to deal with pressing environmental issues. The Caribbean, and by For further information, email the club at extension the Caribbean’s legal fraternity, cannot sit idly [email protected]. We look forward to by while the rest of the world grapples with this problem. your support.forward to your support.
In light of this pressing need for action, the Executive of the Caribbean Environmental Law Society would like to formally introduce ourselves to the staff and students of the Hugh Wooding Law School and the wider legal fraternity. We are the newest club to be formed at the H Hugh Wooding Law School and seek to provide an avenue WLS GA for staff and students with a keen interest in the VEL P A G E 2 2 V o l u m e 1 2 - I s s u e N o 1 T h e G A V E L
HWLS HINDU STUDENTS' SOCIETY
BY SHARAD RAGHUNATH, PRESIDENT OF THE H.S.S.
Hinduism is the world’s oldest religion. It sets out four main goals of human life:
dharma (righteousness); artha (wealth); kama (happiness); and moksha (liberation from material entanglement).
An individual must be in balanced pursuit of these goals and act always with detachment from the fruits of his labour. Hinduism is multifaceted as it covers many aspects including science, art, philosophy, medicine, architecture, societal welfare and individual enlightenment.
These core tenets of Hinduism underpin the Hugh Wooding Law School Hindu Students’ Society (‘HSS’). The HSS is a society created to unite Hindu students at the Law School and to share the wealth of Hinduism with all members of the school.
This year, the HSS presented a plethora of events aimed to highlight the richness of Hinduism and to contribute to a fulfilling Hugh Wooding Law School experience.
T h e G A V E L V o l u m e 1 2 - I s s u e N o 3 P A G E 2 3
HWLS Muslim Students’ Association
BY: FAA’IZAH H. MUSTAFA AND SAABIRA ALI
In continuing to spread the awareness of Islam to the staff and students of Hugh Wooding Law School, we plan on hosting a few lectures and of course celebrate World Hijab Day every year.
Our first lecture was based on “Islam, a religion of peace”. It was hosted on September 30, 2019 at 12:30 p.m. in the Aubrey Fraser Lecture Theatre.
Every year, World Hijab Day is always a success and we want it to continue to be a success. On World Hijab Day, staff and students are given the opportunity to wear the Hijab and experience a day in the life of a Muslim woman or man. Every year the staff and students would express their thoughts on the Hijab, all of which are positive. Last year, most of the staff and students emphasised the fact that they felt empowered when wearing the Hijab, while some conveyed to us how proud they are of us Muslim women to have such dedication and love for our religion.
Our final words are: May the peace and blessings of God Almighty be upon us all. Ameen.
With the 2019/2020 academic year beginning, the Hugh Wooding Law School Muslim Students’ Association decided to host a booth during the week-long orientation festivities. Our aim is to build a Muslim Community within our small law family. Oftentimes, we run into students in the hallways, libraries, cafeterias, etc. learning that there are actually more than two (2) Muslim students.
Our mission is not only to spread the awareness of true Islam, but also to give all Muslim students within the law school a sense of belonging and comfort. We use the adjective ‘true’ to properly define what exactly is Islam. Islam is an Arabic word which literally means obedience and peace. ISLAM is derived from the Arabic root “SALEMA”: peace, purity, submission and obedience. It therefore follows that anything that contradicts peace is not to be considered as a part of Islam.
P A G E 2 4 V o l u m e 1 2 - I s s u e N o 1 T h e G A V E L
HWLS INTERVARSITY CHRISTIAN FELLOWSHIP BY DANIELLE NURSE As students, we face many challenges while at HWLS, and it is only through putting our faith in God and knowing that he is there for us, that we find the courage and strength to overcome them all.
EVENTS
Everyone is welcome to be a part of our events which include:
• Weekly Sessions: There will be weekly sessions to foster fellowship and relationships among students at HWLS. These sessions include prayer, song, scripture readings and other activities which will allow our members to grow in their relationship with God and allow non-believers to begin a relationship with God;
• Charity and Volunteering Work: Our mission also encourages charity and volunteering work and, as such, we desire to partner with various groups throughout the academic year. WHO IS THE IVCF? • Community Events: During the year, we have a variety of The InterVarsity Christian Fellowship (IVCF) is an community events such as Games Night, Christmas international organisation affiliated with various schools Concert, Bible Week activities and Campus Outreach including the Hugh Wooding Law School (HWLS). We, the events. IVCF of HWLS, are students that endeavour to advance the Christian faith among our students at the law school, to • Examination Preparation: Before the intense exam period, help our members to become leaders of integrity beyond we assist in mentally preparing students for studying and HWLS and to help our students grow into lifelong disciples exam preparation. We conduct sessions to encourage of Christ. students and undertake prayer and fasting. These activities reassure students that they are not alone in this journey We also aim to introduce non-believers to God's love and and, most of all, that God will help them. to debunk the myth that living life as a Christian is dull. Furthermore, we desire to empower students to ably face • Camp: The IVCF usually hosts national camps which allow the various challenges they may encounter throughout students to meet and fellowship with other IVCF members their time at HWLS and, by extension, life beyond law in the island of Trinidad and Tobago. school. The law school experience can have its challenges and stresses at times. However, the IVCF of HWLS is a IVCF is not a church; it is a non-denominational club. Our great avenue for students to shift their focus and destress desire is to interact and relate with everyone at the law while developing their faith. school and break any stereotypes surrounding Christian groups. Our meetings are open to everyone to be a part of HOW WE DO MINISTRY the IVCF family.
Worship and Arts Come join us! We meet every Monday from 12:15pm – Leadership Development 1:00pm in Room 11. We look forward to seeing you there! Prayer Contact us at: [email protected]; or Follow Us on Community and Missions Instagram: @hwls_ivcf On Campus Evangelism
OUR THEME FOR THE ACADEMIC YEAR 2019-2020 “God is our refuge” “Psalm 46:1: God is our refuge and strength, a very present help in trouble.”
T h e G A V E L V o l u m e 1 2 - I s s u e N o 1 P A G E 2 5 The Two For One Special: HWLS/UWI Edition
BY DEXTER SMARTT
The Hugh Wooding Law School (HWLS) has provided us with some pretty good facilities and amenities within its precincts. However, with the HWLS badge, many of the facilities and amenities of the University of the West Indies, St Augustine campus (UWI) are also open to the HWLS students (and staff). This was music to my ears, being a non-Trinidad and Tobago student on a budget.
For those seeking fitness, the gym is within your reach. For a fee of TT$300 per semester, you can enjoy unlimited access to the UWI gym. This facility, which houses modern, state of the art equipment, is fitting for weight lifters or those who simply need a little cardio workout. So, whether you’re looking to gain large muscles, tighten the calves or craft the curves, UWI has it all for you. There are also zumba, spin and karate classes.
Then there’s the pool. The UWI pool is also available to HWLS students at a small fee, and, if one cannot swim, there are classes for that being facilitated as well. So you can go ahead, learn to swim at UWI, then show off your skills the next time you visit one of the beautiful beaches And for those who stick to academics, HWLS students of the twin island republic. have full access to the Alma Jordan Library, located at
the UWI, from Mondays to Saturdays up to 10:00 p.m. The UWI campus is also home to multiple tennis courts, a After that time, should you want to continue riding that football field, a cricket field, basketball court and so much study wave, there is the 24-hour reading room more that HWLS students may enjoy by the mere downstairs. You have no issues when it comes to presentation of their badges (and in some cases with a fee transportation either because the UWI shuttle service attached). never stops. There are shuttles running every hour on the hour at the various shuttle stops around the campus. Once you present your HWLS badge, you have full access to the shuttle service as well.
Maybe it’s a Sunday, or any other day for that matter, but you just can’t study in your apartment or the library. Well, you simply pick a spot around UWI Spec and get to work. There is free Wi-Fi and, should you get hungry, there are many fast food options, a mini-mart, vending machines, a doubles man and an ATM, just in case the funds run low. Feel like you want to relax a little? No problem! UWI also houses the Urban Grounds sports bar.
It is, therefore, safe to say that there is more to the HWLS than what is within its precincts. All you need to do is grab your badge, a little pocket change and GO!
HW LS GA VEL P A G E 2 6 V o l u m e 1 2 - I s s u e N o 1 T h e G A V E L
WHEN THE CAR PARK FLOODS
BY MARIA SAWH
PICTURE THIS: A young attorney stands barefoot on a "Take off your nylons and shoes and go move the car.” “Go paper towel in a 2x6 washroom in the Legal Aid Clinic now, I’ll put on the kettle,” said Ms. Roxann. I specifically with one foot hanging over the toilet bowl whilst a remember wondering two things at that moment: secretary pours boiling water from a kettle on said 1.What were nylons? and dangling foot. Got you interested? Let me take you back 2.Why did we need to put on the kettle? about ten minutes for you to understand the nature of this peculiar situation. Regardless of my questions (one of which I answered myself as I realized that “nylons” were stockings), I It was a day like any other in the Legal Aid Clinic; clients dutifully listened and removed my stockings and shoes, waiting in the reception area, phones ringing off the picked up an umbrella and made a mad dash from the hook, secretaries buzzing back and forth from attorneys Clinic to the car. to their respective work stations and, on this particular day, it was raining. Now I’m not talking about that beautiful drizzle that falls and makes you want to sing “I hope I don’t get ringworm, I hope I don’t get ringworm!” that BJ Thomas song “Raindrops keep falling on my This was my mental chant as I ran barefoot onto the pitch, head.” If you didn’t catch that reference, please put through above-ankle height waters and into the car (the some 97.1 in your life. When I say it was raining, think water at this point was just about to touch the muffler.) In downpour…TORRENTIAL DOWNPOUR! “two-two’s” I threw the gear lever into drive and got the car to safety! MISSION ACCOMPLISHED! Now that I’ve set up the scene for you, on this rainy day I was making my usual “rounds” at the Clinic, depositing Another mad dash back to the Clinic led me straight to the files on attorneys’ desks for their review and approval, bathroom where Ms. Roxann stood waiting for me with a when Ms. Roxann (Ms. Campbell-James’ secretary) kettle, hydrogen peroxide, cotton and cream- cue the asked me where I parked. scene at the beginning of the story.
To spare you the details of the conversation, she, in Words cannot describe how much we wished that essence, explained to me that our staff car park floods someone would have caught a video or picture of the two in a particular spot every time there’s heavy rainfall. You of us squished up in this little bathroom, kettle in hand, know the spot, it’s the far end of the staff car park, just foot over toilet bowl, trying to ensure that I didn’t get after you make the left that would take you to the café. ringworm! Needless to say, in approximately two minutes, the situation was assessed and we discovered that the flooding was: MORAL OF THE STORY- If ever you’re parked on the 1.exceptionally bad; and lower part of the incline to the far end of the staff car park 2.exceptionally bad in the exact area that I had parked… and rain starts to fall, run out and move your car before it wait for it… my dad’s BRAND NEW CAR (which I only starts to flood; otherwise you too may need to remove borrowed that day because my car was being serviced.) your nylons and put on the kettle!
T h e G A V E L V o l u m e 1 2 - I s s u e N o 1 P A G E 2 7 Fête After Fête
BY DOMINIQUE LOVELL
Sweet sweet T&T, oh how I love up assignments in advance, avoid fetes this country! which clash with classes and deadlines, stay hydrated, eat your Earlier this year, we were eye- fruits and vegetables, take your witnesses to arguably one of the vitamins and sleep when you can. most diverse festivals in the Remember that there’s plenty of Caribbean region: Trinidad and time to catch up on your work after Tobago Carnival 2019. People from carnival, so in the meantime, enjoy all nations, cultures, creeds and yourself and embrace your budding races come together as one big relationship with coffee and power famalay-lay-lay-lay to join the naps. As for feting on a student celebrations and share the love. budget, choose and diversify your fetes carefully, consider the value While Hugh Wooding Law School for money ratio and secure early- brought us to Trinidad, and we want bird tickets, because every cent nothing more than to collect our counts! Legal Education Certificates and catch the next available flight home, In order to get the best experience, it’s important to look beyond the ask locals and check social media for four walls of these classrooms and, recommended fetes. My personal instead, give Trinidad and Tobago an recommendations are AM Bush TT opportunity to teach us. (j’ouvert), GT Sea (cruise), Bacchanal Road (drinks-inclusive fete), Soca Wait! Before bombarding me with Brainwash (all-inclusive fete) and your best arguments and most Sekon Sunday (concert). Remember logical excuses about not going out, to always drink responsibly, go with remember that life is all about a trusted feting partner or crew and balance; even the scales of justice make prior transportation remind us of that. Simply from the arrangements. vibes, the energy and the music, it’s clear that carnival has something for What a privilege it is to be from the everyone, so whether you want to Caribbean and to claim soca, one of sway to the melodious tunes of the the happiest genres of music in the steel pans or show off your world, as our own. So next year, I impeccable two-step at a calypso look forward to seeing all of you in tent, carnival is for you. Whether performing your gymnastic routines the dance and on the road! you prefer to climb to the top of the when you cross the stage, again, Remember, life is short, so don’t railing in front of the stage at a carnival is for you. Wherever your take yourself too seriously, I assure concert featuring your favourite interests lie, in the words of the you that there’s always time for honourable Mr. Killa, “pick up soca artistes, while waving your more zessing, and less stressing! something, [any event], anything, national flag, or fill your bellies with and run with it!”. scrumptious meals and potent drinks at infamous all-inclusive However, amidst the festivities, fetes, carnival is for you. Whether remember that you are a student you would rather frolic with the blue first, and we all know how devils or welcome a new day unforgiving group members and the covered in paint, powder and mud administration office can be when we from j’ouvert, carnival is for you. miss deadlines. Consequently, it is Whether your favourite time of the imperative to budget your time and festival is parading through the money wisely. My tips for surviving HW streets of Port of Spain in your the season are to work on L fabulous feathered costumes or S G AV EL P A G E 2 8 V o l u m e 1 2 - I s s u e N o 1 T h e G A V E L
WORD SLEUTH "Terms commonly used in Remedies."
Created by: Ms. Paula Pierre T h e G A V E L V o l u m e 1 2 - I s s u e N o 1 P A G E 2 9
CONTINUED...
7. Why do you think academics are the Court of Appeal, I trust that we can assets to the legal profession? advance the rule of law in the region in such a way that even the most Academics are assets to the legal vulnerable may benefit. profession because they bring a different perspective of the law. I liken 12. Why did you want to sit as a Judge? the legal academic to one skilled in law as an art; the practitioner as being I consider the judicial office to be a more of a scientist who seeks higher form of public service. Less certainty in the rules and is nobly, perhaps, I am rapidly uncomfortable with its absence. The approaching the end of my tenure at academic sees the law for what it is, UWI. I have, at most, just three years warts and all, and is not fearful of the left before I reach retirement age and I absence of certainty. In all senses, believe that I still have the physical and academics are an integral part of the mental health to be of some use to the legal profession, not outside of it as country and region a bit longer. your question seemingly suggests. 13. What do you do for leisure? 8. What would you say to encourage more law students to contribute to I am now your regular nerd. I enjoy academia in the Caribbean? doing crosswords, those with the cryptic clues, and cannot resist a Currently, the Faculty is at its lowest sudoku challenge. In my younger days, ebb in terms of staffing, down to I played tennis and squash. Now I have about 8 or 9 full-time members. The student body and from my colleagues early morning walks with my wife for remuneration in academia, although during this semester have been most exercise and get my relaxation from not as princely as some may be at the touching. travel, family dinners, and just lounging Bar, will allow you to live very at home. I also enjoy a glass of good comfortably and you will bask 10. Now that you have been appointed red wine, watching international vicariously in the achievements of to the judiciary, would you say that cricket or tennis on television, and those whom you have taught and who you have reached the pinnacle of your listening to vintage calypso. have gone on to loftier positions. legal career or do you intend to go Moreover, refreshingly, you will be further? 14. If law failed, where do you think you meeting exciting malleable new minds would be or would have preferred to every year. It never gets boring. There is indeed room for be right now? advancement within the judiciary at 9. How did you feel when you found the regional level. As I intimated I imagine that things would have out that you were one of the newly earlier, I had been shortlisted for a turned out quite differently for me if I elected Justices of Appeal of the vacancy on the CCJ. I imagine I am still had not chosen law as a course of Supreme Court of Barbados? young enough, God Willing, to spend a university study that fateful Friday period of time on the local appellate afternoon in 1975. Maybe I would have I was elated initially. I had been court and perhaps some on the CCJ. I won the scholarship, have become a shortlisted last year to fill the recent am not thinking about that right now, neurosurgeon and either be practicing vacancy at the CCJ and this helped me however. as such right now or perhaps teaching to recognize that I had a future in the young aspiring neurosurgeons in some higher judiciary. I suspected that my 11. Do you think the appointment to University Hospital. But this is all lack of appellate judicial experience the bench would allow you to make reverie, I came to a fork in the road, would have militated somewhat more significant contributions to legal and as Yogi Berra once wittily advised, against my appointment then and now development? I took it. I have no regrets whatsoever here was the opportunity to fill that at choosing law as a career. void. It has been a bittersweet Yes, I do believe so. I have always seen experience…While I am certainly myself as one devoted to the thrilled to move on to loftier service, development of a regional the genuine expressions of love and jurisprudence and together with the admiration I have received from the help of counsel and my brethren on
T h e G A V E L V o l u m e 1 2 - I s s u e N o 1 P A G E 3 0
INTERVIEW WITH THE HONOURABLE MR. JUSTICE JEFFERSON CUMBERBATCH, J.A.
BY RICO YEARWOOD
1. What was your childhood dream? 4. How long have you been an Was it to accomplish all the things academic? that you have in life thus far and be where you are today? That first appointment was in 1980, when I was a mere 23 years old. I acted My childhood or, rather, adolescent as a Temporary Lecturer for three dream was really to be a years and was appointed a Lecturer- neurosurgeon. I was simply in love in-Law in 1983. So I have been there with that idea until Lower Sixth at for 36 years. Harrison College when I considered that I had a better chance of winning a 5. Which areas of law do you specialise Barbados Scholarship [that would in? Which one is your favourite area of have allowed me to pursue that law and why? dream], in the Arts, although I also wanted to do Maths at A Level. My current teaching specialties are Unfortunately, that mixed option was Torts and Employment Law. I also not available then and I did English specialised in Contract for many years Literature, French and Spanish initially…I still have a soft spot for that instead. No, I never foresaw a career subject. I love the Law of Torts for its in law at 14 to 16. numerous intricacies and I am regarded by some as somewhat of an 2. Around what age was your passion authority on Employment Law so I do a for law ignited? bit of consulting in that area. I have also developed an affinity for I had applied to the Faculty of Law in 3. What or who inspired you to pursue Consumer Law, owing to having been Upper Sixth in 1974-75 since most of a legal career? requested to draft the Consumer my friends were doing so. I did not Guarantees Act of Barbados in 2002 gain the Barbados Scholarship that As I related above, it was initially the and having served as a member of the year and I had returned to school to fear of not getting into the Law local Consumer Claims Tribunal from start the 1975-76 year for a second try. Faculty. If you are referring to my its inception in 2003 until last May. I I had also been made an offer to enter academic career however, that is also spent the last ten years there as the Law Faculty. In those days, the owed to a degree of serendipity. I had Chairman of that Tribunal and I also University academic year began in interned for the two years I was at acted as Chairman of the Fair Trading early October. I was back at school for Law School with the state and I had no Commission from 2015-18. all of three weeks when I got a call contacts in private practice. I was from UWI late one Friday evening, from the Gap, if you understand what 6. What led you to gravitate more reminding me that if I did not take up that means in Bajan terms. I had also towards academia as opposed to the offer of the place in the Faculty written some job applications without litigation? that year, I could not be guaranteed a much success. Out of the blue, place the next year. I decided then Andrew Burgess contacted me one Perhaps more a sense of feeling and there to forgo the scholarship day during the summer of 1980 and comfortable at UWI than anything else. attempt and to take up the offer of a asked if I would be interested in a It is not that I do not have the stomach place in the Faculty immediately. But I temporary teaching post in the for litigation, indeed I consider that I think that my passion for law was might have done very well at that too, Faculty. I had done fairly well in my “ignited”, as you put it, during my first but the excitement of meeting new LLB and the then Dean, Professor PK year course in Legal Methods. I ductile minds every year and the Menon, and Burgess himself thought developed there a love for the certainty of the UWI post has spoiled that I would have been a good fit. I intricacies of Contract law that my me away from “town” and kept me in accepted and the rest, as they say, is tutor Mr Andrew Burgess (as he was the “gown”. history. Nowadays, though, the then) used as the basis for teaching appointment process is much more the Legal Methods course. He was rigorous and competitive. also a great influence, role model and mentor.