V o l u m e 1 1 - I s s u e N o 2 J a n u a r y 2 0 1 9 MAKING WAVES ACROSS THE REGION RECENT GRADUATES MAKING WAVES...

IN THIS ISSUE Rally Round The CCJ...Pg 3

Have We Been Saved...Pg 4

The Children's Authority of Attorney-at-law, Cara Shillingford (to the right) talking to reporters

Trinidad and BY CHRISTINE ST. MARIE

Tobago...Pg 5 It is one thing to graduate from a reputable law There was nothing on record indicating that Mr school but it is another when you can actually Gibson was ever psychologically evaluated, or that he “make good” of the Legal Education Certificate was offered any help. It was clear that he wasn't (LEC) and make a name for yourself in the legal understanding the proceedings, so I got up to assist CLE not in Breach arena. And so, this is exactly whatT sRomTe Rof RtheE ChiEm.N I wTou lGd hRelpA hiDm aUgaAin Tif EI wSer e to see him in recent graduates of the Hugh WoModiAng KLawIN Gc oWurt bAut VI dEidnS't taIkNe n oLteA of Wthe adjournment date.” of Community School (HWLS) are doing! Mr. Bourne also opined, “My personal feeling is that Nationals’ Rights It was not too long after graduation that news drug addicts need different types of help as I believe of the good work of our fellow colleagues that prison isn't offering the type of rehabilitation that started surfacing in the newspapers and on is effective for addicts. Of course it is very important under RTC...Pg 6 social media. Some clearly understand the that the addicts themselves are willing to accept the importance of pro bono work and have opted help.” Concur! to do just that, while also taking on matters Development that “pay the bills”. Case in point is the recently Recent graduate Khadisha Wickham was also able to reported case of Jamar Bourne, who received convince the court to grant leniency when she put versus the Israel Khan S.C. prize for Outstanding her Trial Advocacy skills into practice during her plea Performance in Criminal Practice and in mitigation on behalf of her client, Rodney David Procedure. He entered an appearance for Anthony, who was charged for assaulting a security Environmental Stefan Rashad Gibson, amicus curiae (friend of guard. the court). Gibson pleaded guilty to being in Protection...Pg 7 possession of an apparatus for the misuse of Similarly, Attorney-at-law, Kemar Roberts, was also cocaine. able to successfully plead on behalf of his client, Steven Mc Donald Newton, as was reported in Bourne who spoke briefly to the Gavel on the Barbados Today. According to the report, Newton’s matter explained, “The magistrate looked at his cannabis usage was so regular Magistrate Kristie conviction card and it was clear that there Cuffy-Sargeant compared it to that of “being three was a perpetual cycle where the Mr. Gibson was meals a day”. Roberts submitted that his client was charged, convicted and sentenced. After his remorseful and had shown that, by being release, he resorted to the same behaviour. cooperative.... (Continued on Page 2)

P A G E 2 V o l u m e 1 1 - I s s u e N o 2 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 Jason Nathu Rudranath Maharaj BACK (L-R): Mr Chevy Devonish; Ms Nisha Mathura-Allahar; Mr Jason Nathu; Roger Ramgoolam Mr Rico Yearwood. | FRONT (L-R) : Ms Christine St. Marie; Mr Deshon Editor at Large Griffith; Ms Jubilanté Cutting; Mr Kalesh Loakman; Mr Michael Munroe. ABSENT: Ms Francisca Campbell; Mr Timothy J.R. Singh; Ms Renee Atwell Imran Khan RECENT GRADUATES MAKING WAVES... Editors Christine St . Marie Continued from front page Chevy Devonish with police and entering a guilty plea. He said the High Court in Dominica and the Eastern Newton had nine children and was the sole Caribbean Supreme Court in which they Rico Yearwood breadwinner. Roberts also argued that while his rejected her claim that the DBC had breached Timothy J.R. Singh client had previous convictions, the last had her contract and had unlawfully dismissed her occurred back in 2002 and petitioned the court as general manager of the state-owned radio to show leniency. station. Design, Layout and At the end of the case, the magistrate The CCJ however decided that Ms. Warrington Photography reprimanded Newton before discharging him. is to be paid the equivalent of six months’ “I’m going to give you credit for speaking the salary, gratuity and holiday pay totalling Kalesh Loa kman truth to the court and I will show you leniency EC$52,300 as damages. Jubilanté Cutting because your last offence was over 16 years ago but don’t come back in here, because it’s not This was the first case from Dominica to be Renee Atwell going to be like this if you do.” Newton left the brought to the appellate jurisdiction of Deshon J. Griffith court, relieved. Caribbean Court of Justice (CCJ). The full details of the case can be found on On top of all this, just last week Friday dominicanewsonline.com: Disclaimer (November 30, 2018), it was a case of “David http://dominicanewsonline.com/news/hom Please be advised that the against Goliath” when recent graduate Cara epage/news/breaking-news-ccj-rules-in- Shillingford, being up against Senior Counsel, favour-of-mariette-warrington-against-dbs- views expressed in the Anthony Astaphan and Alick Lawrence of radio/ The full judgment of the Court, and a articles contained herein are Dominica and Queen’s Counsel, Sir Henry judgment summary, is available at www.ccj.org. Forde of Barbados, won her case at the There are also the unreported news of those of the individual Caribbean Court of Justice (CCJ), in its appellate colleagues being able to secure positions at authors and not of the jurisdiction. Ms. Shillingford represented reputable law firms, the office of the Director former general manager of the state-owned of Public Prosecution, the office of the Editorial Committee/Hugh Dominica Broadcasting Corporation (DBC), Attorney General as well as many other legal Wooding Law School and/or Mariette Warrington, against the media entity. entities across the region and beyond. the Council of Legal Warrington had appealed earlier decisions by Kudos graduates….keep it going! Education T h e G A V E L V o l u m e 1 1 - I s s u e N o 2 P A G E 3 Rally Round The CCJ? BY RICO YEARWOOD & SHERIECE NOEL As devout regionalists, the recent results of the referenda regarding the CCJ in Antigua & Barbuda and Grenada, have left us distraught, but not remotely flabbergasted. Detractors continue to proffer unconvincing rationales as to why their country should not accede to the CCJ’s appellate jurisdiction. Two trite rationales are the CCJ’s susceptibility to political influence and the distrust in our Caribbean judges to deliver high calibre judgments.

First, lest we forget, the possibility of any judicial officer or court being politically influenced does exists, whether it be a local judge or court or the CCJ and its judges. Undoubtedly, we should not turn a Nelson’s decisions. In any event, if we don’t change, we don’t grow. If we grow eye to this possibility. However, whether a together, we thrive together. particular judge will succumb to any political pressure hinges on their professional/ The failed referenda experienced throughout the region concretises judicial integrity. W hen speaking about the the need to challenge and reform the modus operandi of the region’s CCJ, the existence of such susceptibility to politicians, for they fail to grasp the trueextent of the damage their political influence is but a mere fanciful political immaturity has on matters of national and regional possibility. Reason being, the CCJ can stand development. The need for reform has always been guided by the amongst the most insulated courts in the conduct of politicians within parliament; but should a wider view of world on account of how its judges are its implications be taken? It most definitely should! elected. Anyone who is au fait with the CCJ’s appellate and original jurisdiction judgments In addition to the Privy Council, we also retained England’s would detect the magnitude of this parliamentary structure; the Westminster model. The adversarial insulation. nature of this parliamentary style poses a problem as it discourages participation across the floor; that is, the Government must propose, Second, distrust in our own continues to and the Opposition must oppose. This practice discourages support plague Caribbean societies. This distrust for decisions on their merits. Referenda require a two-thirds majority was not a recent revelation. This was best to be passed. Naturally, therefore, there must be cooperation by all exemplified by the collapse of the West political factions in order to succeed. This is extremely hard to Indian Federation. We must dismiss the reconcile in our region, owing to our blind and unwavering political notion that any judgment emanating from loyalty. Just as government members must propose and opposition the CCJ cannot be of the same quality as members must oppose; so too do government supporters propose, those emanating from the Judicial and opposition supporters oppose. Should this trend of blind loyalty Committee of the Privy Council (JCPC) or continue, nations will never be able to effect the type of changes any necessitated by referenda. The region’s history of failed referenda other body or court of a similar stature. shows us just this. Caribbean judges and judgments should not be relegated. This distrust is an implicit Realising this mirrored effect, it is incumbent on politicians, who affront to the Caribbean man’s ability to profess to be the conscience of the people, to deliver us from this remain impartial and exercise sound apparent crisis of conscience. The first step in doing so is by going judgment. Why should others trust us if we against the grain of the Westminster parliamentary style and cannot trust our own? supporting decisions on their merits, irrespective of who puts forward the idea; cross the floor, there just may be cookies on the Perhaps, these arguments are just pretexts. other side. Introducing that level of maturity in the parliamentary Governments probably consider the CCJ a process can pass to the faithful followers outside of the honorable greater threat to their sovereignty after house, promoting likeminded behavior. Perhaps then, we would have being sensitized to some of its recent something to rally around! P A G E 4 V o l u m e 1 1 - I s s u e N o 2 T h e G A V E L Have We Been Saved ? By Michael Ron Munroe

Colonialism is a commonality that It begs the question: Should the end underpins every Commonwealth justify the means? Whether one Caribbean society. Gaining concludes its legal ingenuity or independence symbolized, at least innovation, it is axiomatic that the theoretically, the dawn of a new era. In mechanics employed by the majority in reality however, ‘independence’ may have both judgements are, to many, difficult just been conceived as a metaphysical to digest. They question the historical ploy engineered to spur our desires for comprehension of conventional legal freedom. In actuality, some of us were, norms on, inter alia, interpretation, the yet most of us still are, arrested by two role of the judiciary and dualism. pervasive legal vestiges. The Privy Inevitably, judicial reasoning would not Council and the savings law clause In Mc Ewan, the court derived its be acceptable to all. (‘SLC’). The following analysis examine imprimatur from Nervais. Guyana’s PEL the latter, contextually against the on cross-dressing was not immune from Nonetheless, the result, for those who backdrop of the recently decided constitutional challenge. By a restrictive subscribe to the appellate jurisdiction judgments of Nervais v The Queen application of the SLC, it was found that of the CCJ, is an unbridled right to [2018] CCJ 19 (AJ) and Mc Ewan et al v successive alterations of the PEL’s finally realize their own liberty. AG of Guyana [2018] CCJ 30 (AJ). ‘Independence’ comes at a cost. Nelson penalty, and not its subject matter, Mandela reminds us ‘to be free is not compromised its PEL status. Added, the Undeniably, Nervais constituted a merely to cast [away] one’s chains, but constitutional amendments of 2003 seminal moment in Caribbean to live in a way that respects and jurisprudence. The court courageously inserted new rights that were, applying enhances the freedoms of others’. This ruled that the pre-existing law (‘PEL’) on the Nervais logic, outside the textual may mean challenging conventional the mandatory death sentence was not foresight of the SLC and therefore norms to cater for societal exigencies. immune from constitutional challenge, amenable to constitutional scrutiny. The though protected by the SLC. This court went further, ruling that the Notwithstanding, this liberation ought vehemently divorces itself from application of the SLC would place the not to permit an unchecked realization conventional wisdom on the application state in conflict with its treaty of our destiny. It should be confined of the SLC. Previously, courts dared not obligations. Thus, the court should shy and circumscribed by the social ethos swim in the territorial waters of PELs. away from construction that would of the Caribbean man. Eternal vigilance They were instantaneously debarred by enable the foregoing conflict. is the ultimate price of liberty. emboldened SLCs, even where glaringly self-evident violations with the Both judgments relied on the constitution were manifest. Though the independence orders of the respective outcome is embraced, the means Constitutions to ‘modify’ the employed by the majority incite, for . construction of PELs. JCCJ Anderson many, jurisprudential concern. Arguably, (who reached the same conclusion in the gist and pith of the decision rests on the justiciability of section 11 of the both cases, albeit by a different Barbadian Constitution. The aforesaid approach) found it odd, since these had commonly been understood as orders were manifestly not intended to preambular and consequentially non- be, and do not form part of the justiciable. By finding section 11 Constitution. By his logic, these orders declaratory, the PEL was challenged, were a relic of colonialism and were and defeated, by one of the newly moribund on the establishment of the conceived rights contained within new grund norm, the Constitution. section 11. A ‘right’, not contemplated by the letter of the SLC. By this logic, if the Concomitantly,the avenue provided for PEL contravenes the rights contained in by the Constitution for constitutional section 11, then, once not mentioned challenge becomes otiose with respect within the expressed parameters of the to enforcement of these ‘new’ rights. To SLC, the SLC loses its immunity. Was answer this, the court suggests an this judicial ingenuity, innovation, or invocation of its inherent jurisdiction. both? T h e G A V E L V o l u m e 1 1 - I s s u e N o 2 P A G E 5 The Children's Authority of Trinidad and Tobago BY FAITH WALKE The Childr en’s Authority of Trinidad and Where a child is removed from their sensitizing the public to their role and Tobago (hereinafter “the Authority”) was home, the Authority utilizes the varying function, informing the public of put into effect by the 2015 proclamation options at their disposal, to safely house behaviours that suggest cause for of the Children’s Authority Act. The the child. The child may be placed in the concern in children and other related Authority performs an integral role in the care of non-threatening family members content. Presentations are made at protection and care of our nation’s or community residents. Where possible, different forums to create awareness. children who are exposed to abuse and reintegration and placement in a family maltreatment. Having served briefly environment are promoted as “research Much time and effort has gone into the during my In-Service Training with the on best practice has confirmed that development of the system that is now legal department (June-August 2018), I children thrive best when placed in a being operated at the Children’s had the privilege of being exposed to the family environment.” Authority of Trinidad and Tobago; processes of this organisation. foundational work from as early as 2009. 5. Manages the foster care system. This relatively new system is not without The Authority: The Authority utilizes the foster system flaw, however, endeavours are as a temporary provision for children constantly being made to improve the 1. Receives reports about abuse and until they can be reunited with their quality and efficiency of the system, both neglect. families or alternative long-term by the implementation of new and In the year 2017 alone, 4232 reports of provisions can be made. supporting legislation, as well as, the child abuse and maltreatment were made optimization of the powers given to the Authority. The reports that 6. Manages the adoption process. currently in law. concerned sexual abuse and neglect Where permissible, the Authority amounted to 51.1%; approximately half of facilitates the process of transferring all It was an indispensable experience the 4232 reports made. the legal parental rights and working with the Legal Department of responsibilities from a child’s biological the Children’s Authority. I am now more 2. Investigates reports about abuse and parents to their adopters. sensitive to the reality of the experiences neglect. that many of our When reports are made, the Authority 7. Licenses and monitors community children of Trinidad and Tobago face assesses the type of treatment that is residents. daily. I implore everyone to become required. Investigations usually include The Authority processes applications for involved, in their respective way, in interviews with parents, family and community residents to be licensed. advancing the care and protection of community members who are associated These residents are required to be children throughout our nation. with the affected child. This assists in suitable for delivering child care services. determining the best course If a licence is Issued, the Authority You can contact the Authority for more of action for the particular case. The continues to monitor the resident and information or to make reports via: Authority exercises its power to remove has the power to revoke such licence if children from their home when there are necessary. ▪ Phone: 627-0748 / 623-7555 / 625-7151 signs of them being in immediate danger. ▪ Fax: 624-6316 8. Provides support for child offenders. ▪ Hotline Numbers: 996 / 800-2014 3. Conducts assessments. The Authority is also involved with ▪ Email: [email protected] At the Authority, trained professionals children whose actions conflict with the hailing from a range of disciplines law. The Authority performs assessments Other contacts for child support: (psychologists, medical doctors, children which aid in identifying the risk areas in ▪ Victim and Witness Support: 624-8853 services officers, security personnel, etc) their life and devise strategies to assist in ▪ Police: 999 perform varying assessments, which rehabilitation. ▪ ChildLine: 131 or 800-4321 assist in evaluating the specific needs of ▪ Child Guidance Clinic: 726-1324 each child and their family. 9. Promotes children’s rights. ▪ National Family Services Generally, the Children’s Authority Division: 624-8218 or 627-1163 4. Coordinates placement and support promotes the rights of all children. The for those children. Authority has media releases aimed at

P A G E 6 V o l u m e 1 1 - I s s u e N o 2 T h e G A V E L CLE not in Breach of Community Nationals’ Rights under RTC BY CHEVY A. DEVONISH Jason Jones is l ikely mulling his next step 1. the policy violates the RTC; and outcomes of such ventures. after the CCJ dismissed his application 2. the requirement that non-UWI LLB The dismissal of his application an for special leave to challenge the holders seek entry exclusively by an undeniable loss for Jones and ACSEAL, automatic-entry policy (“the policy”) of entrance exam violates the RTC. but perhaps with hidden benefits. The the CLE, which policy avails UWI, and to issue has now been the subject of a a limited degree, UG LL.B graduates, He also asked that if the declarations decision from the region’s highest court, only, automatic entry to the region’s law were made, that the CLE be required to and undoubtedly enjoys more visibility schools. enact non-discriminatory entry policies. than did previously. Further, the CCJ has provided clarification on important The decision was handed down by the However, the CCJ concluded that it did issues, and has gifted the movement with Caribbean Court of Justice (“CCJ”) on 9 not have jurisdiction to hear complaints alternative routes to challenge the policy. November 2018 in Jason Jones v. The about the CLE’s admission policy and Council of Legal Education and Others dismissed the application. The CCJ based Also, notwithstanding the court’s [2018] CCJ 2 (OJ. this decision on the fact that the CLE and decision, an important question remains: its law schools are creatures of the is it time to revise the administration of Jones is the founder and head of the Agreement, a completely different treaty legal education in the region? The Association of Caribbean Students for arrangement from the RTC. automatic entry policy was promulgated Equal Access to the Legal Profession Furthermore, it noted that the neither during a time when all regional LL.Bs (“ACSEAL”), the regional non- the CLE or its law schools are mentioned were completed at UWI. In light of the governmental entity driving the region- in the RTC. They are not, therefore, proliferation of institutions offering wide challenge to the policy. subject to the CCJ’s jurisdiction. LL.B’s in the region, is it time to move away from the automatic entry system to, The policy is made pursuant to Article 3 The CCJ also found that the Council for perhaps, a merit-based system, where of the Agreement Establishing the Human and Social Development, and the LL.B holders are placed based on merit Council of Legal Education (“the Council for Trade and Economic (the quality of their degrees), as opposed Agreement”) which, in essence, stipulates Development, the second, and third to automatic entry? And if this is a viable that LL.B holders from the University of respondents respectively, were not option, how would it be achieved? the West Indies (“UWI”), and the top 25 competent respondents in the matter, The collaborative agreement between the graduates from the University of Guyana and that special leave to file an originating application against the University of Guyana and UWI Cave Hill (“UG”) are automatically qualified for community itself on the subject would may be a model to follow. This agreement admission to study at the The Hugh not be contemplated since the satisfies quality assurance requirements Wooding Law School, the community neither directs nor controls and certifies that the UG LL.B is Norman Manley Law School, or the the Council, nor manages or comparable to the UWI LL.B. It is on this Eugene Dupoch Law School (as zoned) administrates the Agreement. basis, further to Article 3 of the while non-UWI LL.B holders, and UG Agreement, that UG’s top 25 graduating graduates not part of the top 25, must The CCJ further said that nothing can be LL.B students enjoy automatic sit an entrance examination to qualify gained by litigating against the CLE on matriculation into the HWLS. Different for the spaces left after those who this subject, as the entity, being a options may also be considered. qualify for automatic entry are placed. creature of the Agreement, had no power Indeed, Guyana and Jamaica are

to change the impugned Article 3. collaborating on the establishment of a Jones, the holder of an LL.B and several Offering guidance, the CCJ explained new law school in Guyana, subject to the other undergraduate and post-graduate that the Article may only be changed by CLE’s approval, and earlier this year, the qualifications, unsuccessfully sat the the parties to the Agreement. principal of UWI Cave Hill called for a law entrance exams in 2015 and 2016. The court however, suggested possible school to be established in Barbados. In his application, brought pursuant to merit in, alternatively or concurrently, Whatever our opinions on this subject, Article 222 of the Revised Treaty of seeking relief in domestic, constitutional one thing is certain, an important Chaguaramas (“the RTC”), Jones claimed law proceedings against the relevant conversation has begun. It is a that the policy prejudiced his and parties to the agreement, or the entire conversation which must not be ignored, others, rights intended to enure to them regime governing professional must include all concerned, and it must under Articles 35-37, and 45 of the RTC, training, qualification, and admission to be completed. and sought declarations that: practice, but offered no view on possible

T h e G a v e l V o l u m e 1 1 - I s s u e N o 2 P A G E 7 Development versus Environmental Protection BY KRISHAN PARBHOO AND SARVAANI MAHARAJ ON BEHALF OF THE ENVIRONMENTAL CLINIC The dichotomy between sustainable The main issues considered by the development and environmental Privy Council were: protection is an ongoing reality in Trinidad and Tobago. Both are 1. The absence of a cumulative impact inextricably linked; unfettered assessment. development without regard for the The EMA granted a CEC with an EIA for environment and conversely, only one phase of the CHRE. The environmental degradation inhibiting appellant questioned whether the EMA development. The failure to achieve a was entitled to do so without taking balance between these two concepts will into account the impact of the highway have detrimental effects on providing for together with its proposed continuation the population in a sustainable manner. and extension. The court determined inter alia, that the EMA was entitled to Developing countries often take an grant the certificate since the CEC Rules anthropogenic approach to said nothing about the impact of future development; the focus being on the extensions. Further, the preparation of a growing needs of the population without cumulative impact assessment for a considering the impact of such project of this scale was impractical and development on the environment, the would place unreasonable demands on destruction of flora and fauna and the financial and technical resources displacement of native species. available to the Ministry. The CEC was also granted subject to conditions. The For some time, the Ministry of Works The developer conducts a series of tests EMA acquired a wealth of information to and Transport had plans to extend the and analyses which are provided to the arrive at a sound decision at the Churchill-Roosevelt Highway in a project EMA through an Environmental Impact preliminary stage and any further known as the Churchill-Roosevelt Assessment (EIA), to determine the information required would be Highway Extension (“CHRE”). This extent of the environmental impact introduced under their implementing extension is intended to stimulate the stemming from the project and whether and monitoring measures of the grant of regional economy of the north and east authority should be granted. The the CEC. The EMA therefore acted sectors and to decentralise its treatment in this case was no different. reasonably. administrative and planning functions to the regions, thus serving a An EIA was submitted to the EMA by the 2. Delay developmental purpose. A 120 metre Ministry of Works and Transport and a The court determined that where stretch of this highway would run Certificate of Environmental Clearance proceedings would result in delay to a parallel to the southern border of the (CEC) was granted, subject to conditions. project of public importance, the courts Aripo Savannah; Trinidad and Tobago’s The appellant, an Environmental ought to adopt a strict approach to any last natural savanna. It is said to be the Conservation Organization, challenged application to extend time. When home of some 457 different plant this CEC by judicial review. At first considering whether there is good species, including several rare or instance, the judge refused leave to reason to extend time, issues such as threatened plants, and at least 2 species challenge by judicial review the CEC, on the relative merits of the applicant’s of herbs and grasses which are endemic the grounds of delay and because the case and any prejudice a party may to the area. This project has been the challenge raised no arguable grounds. suffer, private or public, might be taken basis of very recent litigation in The Court of Appeal dismissed the appeal into account. Although only by a few Fishermen and Friends of the Sea v for the same reasons, with a dissenting days, the appellant's application for Environmental Management Authority judgment that two of the grounds raised judicial review was out of time. [2018] UKPC 24. by the appellant were arguable, with some realistic prospect of success. The Environmental Clinic In Trinidad and Tobago, developmental appellant was then granted This specialist clinic at the Hugh projects are authorised by the EMA. conditional leave to appeal to the Privy Wooding Law School houses students Council. in Year 2 , and is managed by Mrs Harrison. P A G E 8 V o l u m e 1 1 - I s s u e N o 2 T h e G A V E L Development versus Environmental Protection BY KRISHAN PARBHOO AND SARVAANI MAHARAJ ON BEHALF OF THE ENVIRONMENTAL CLINIC Continued...

While the appellant is a public interest litigant, which is an important role and the subject matter of the appeal was indeed a sensitive one, that was not in itself a reason for applying the delay rules with less rigour, particularly where, as in the present case, there were strong competing public interests on the other side.

The judgment illustrates both spheres and how the law influences which side of the spectrum justice should lie. This demonstrates the polarising effect development and environmental protection has on the population of Trinidad and Tobago. It highlights the considerations the authority must address when dealing with environmental protection and development. It’s a weighing exercise whereby the This is all based on the fact that there The population’s mentality when it authority’s grip on environmental are economic strains, which forces a comes to environmental protection is management and protection is loosened heavy reliance on the environment for mirrored by the various environmental to allow development to a certain extent. survival. Hence, a balance must be infringements we see daily. From This is the reality which a developing struck between poverty eradication nationwide pollution to deforestation, nation must face. Development is crucial, and environmental protection and the islands’ environmental climate is but it must be limited to the confines of conservation so that the poor can inefficient and lacking. There is lack of the carrying capacity of the environment. participate in the social, economic regard for our indigenous flora and and political spheres of modern fauna coupled with lack of Even though the Environmental society, while simultaneously enforcement and protection Management Act makes provisions for assisting in preserving the measures. Apart from the mitigating management of the environment, their environment through education and and monitoring measures to combat enforcement provisions require fluidity. an appreciation for the importance of effects of development, other aspects This, along with poverty, is one of the the environment. However, it should of the society can be targeted, such major factors hindering development in be noted that the general population aspects being poverty, education and the environmental protection sphere. must also bear this task to embrace financing. This will allow a growing According to the UNDP, 20% of the both environmental protection and body of educated and interested population of Trinidad and Tobago is development. Unfortunately, although individuals, access to resources which considered living in poverty. This is there is public education and will enable them to make a lasting substantiated by the increase in awareness of environmental issues, impact on environmental unemployment, inflation rates and a high the mentality of the population sustainability and create positive prevalence of squatting. Poverty is a presents a subsisting bar to any change. As a developing nation, we major issue plaguing the islands and is progress. There is potential for agree that one cannot completely limit having negative impacts on the Trinidad and Tobago, along with the development, but the population must environment. According to UNICEF, wider Caribbean to provide be aware, that development comes at poverty contributes to environmental appropriate mediums to allow great cost to the environment. Such a degradation. Stemming from this development and environmental cost, given our current political, viewpoint, due to a lack of resources protection to be intertwined, but economic and social aspects of our there is poor usage of natural resources, more must be done to address this society, we as a people cannot afford. poor agricultural practices, poor waste issue, particularly with regard to disposal and deforestation. environmental protection. T h e G A V E L V o l u m e 1 1 - I s s u e N o 2 P A G E 9 The Importance of International Law to Caribbean Legal Systems BY RENEE ATWELL

Commonwealth Caribbean jurisprudence has been largely influenced by international law. In fact, many of our Constitutions and Acts of Parliament have borrowed from our counterparts in Europe, the United States of America and other Commonwealth jurisdictions. Most Commonwealth Caribbean states have dualist legal systems. This means that international law and municipal law are treated as separate legal systems and therefore, in order for international law to have force, it must first be incorporated into our municipal legal systems through the enactment of legislation. Notwithstanding, international law is a highly persuasive source of law and in some instances is even obligatory to obey.

The development of customary Another way in which international Whilst some of the provisions in international law has had a significant law is of importance to Caribbean these treaties have been enacted into impact on Caribbean jurisprudence. Law legal systems, is through the municipal law, there remains a large is considered as custom if it comprises decisions of international courts and portion of the law that is uniform state practice and opinio juris. tribunals. Whilst our final appellate unincorporated. Does this mean that Customary international law is considered courts in the region are the they have no legal force? Prima facie, as binding on all nations. Further to this, Caribbean Court and Justice and the this may be so, however, municipal there are rules of customary international Judicial Committee of the Privy courts often reference these treaties law classified as jus cogens. These are Council, municipal courts often look and provisions in cases that come rules by which no derogation is possible. at decisions of international courts before them. Further, international Jus cogens rules have impacted on the and tribunals when referred to courts and tribunals often cite these mandatory death penalty sentencing by counsel and even when explaining international human rights treaties throughout the region as scholars legal principles in their judgments. In and we are highly persuaded by throughout the world have continued to the Trinidad and Tobago Court of judgments of these courts. state, without hesitation, that such Appeal decision of Jason Jones v. constitutes a violation of the prohibition Attorney General of Trinidad and What then does this mean for against torture and cruel, inhumane and Tobago H.C.720/2017 TT , the court, Caribbean legal practitioners? The degrading treatment or punishment. in discussing the section 13 test under Caribbean attorney should have the Republic Constitution, referenced general knowledge of international This was evidenced in the landmark a decision of the European Court of law as a source of law. He or she decision of Pratt and Morgan v. Attorney Human Rights – Dudgeon v. United should understand the impact that General of Jamaica [1993] 4 All E.R 769, Kingdom (1981) 4 EHRR 149. international law has on the diverse JCPC where the Privy Council held that legal systems throughout the region. the extended period of time between Moreover, human rights in the He or she should be able to make sentencing and the execution of the death Caribbean region have been an area submissions on and replies to penalty constituted cruel, inhumane and in international instruments such as international law, as a source of law degrading treatment. the ICCPR, ICESCR, CAT and CEDAW. in legal proceedings.

P A G E 1 0 V o l u m e 1 1 - I s s u e N o 2 T h e G A V E L THE ACLI EXPERIENCE BY MICHAEL RON MUNROE

'Enriching' is how I would describe the 2018 American Caribbean Law Initiative (‘ACLI’) experience. The ACLI is an exchange clinic which facilitates the cross fertilisation of student attorneys within the Caribbean and American legal systems. This year, I, along with fellow second year students Arthur Thomas and Roger Hector, attended the event on behalf of the Hugh Wooding Law School (“the HWLS”). Indeed, the opportunity enabled an intellectual journey into uncharted waters.

Participants were required to examine areas of American law, in particular L-R: MS SUSAN CHARLES-SYLVESTER, MR MICHAEL MUNROE, MR ARTHUR Floridian law, which are legally THOMAS, MR ROGER HECTOR AND PRINCIPAL MIRIAM SAMARU challenging, and foster debate. For me, traversing qualitatively different jurisprudential waters appeared our differences. Unsurprisingly, daunting at first. I often asked myself my team and I realised from WE ARE SOCIAL! the succinct yet profound question: conversations with our “why Mike?” Balancing the obligations colleagues that when the dust FOLLOW US: of school and tackling the learning settles, we all want have one TWITTER: curve was, at times, overwhelming. overriding objective to achieve: @hughwooding Nonetheless, with time and the firm, to get out of law school! yet warm stewardship of our INSTAGRAM: supervisor, Ms Susan Charles- Indeed, we were made to realise @hughwooding Sylvester, that daunting appearance that the realities of law school, quickly disintegrated. What became irrespective of where one clear was the old adage ‘failing to chooses, or is required to study FACEBOOK: prepare is preparing to fail’. Therefore, to go, can be attested to by all @HughWoodingLawSchool coupling relentless preparation with who walk their corridors. astute time management and Comforting I know! I was prioritization, the team and I were reminded that we are not alone. Do You Have An able to effectively, and successfully That this too shall pass. ARTICLE That You complete the journey. All in all, I am immensely Want To See That academic aspect of the indebted to the law school for experience aside, the event provided providing this opportunity. For PUBLISHED? an environment to socialise and those reasons and more, I would connect with student attorneys-at- implore anyone to grasp at the law from the other participating law opportunity if it presents itself. schools in the region and abroad. You may feel many emotions Write to us at: Sharing our experiences and when the curtains finally close, respective cultures provided context but I can depose that regret [email protected] and underscored our historical would not be one of them. similarities and, of course, illuminated

T h e G A V E L V o l u m e 1 1 - I s s u e N o 2 P A G E 1 1 The Freedom to Not Associate with the Bar Association BY DESHON J. GRIFFITH

In what has been described as a “landmark” ruling, the High Court (“the court”) of Barbados in Norman Macdonald Nurse v Florence Nurse CV0323 of 2014 has held that compulsory membership with the Barbados Bar Association is unconstitutional.

The Ruling In this case, the attorney-at-law for the Claimant made an application to have the Defendant’s attorney denied a hearing before the court. He argued that her failure to pay the Bar Association’s subscription fees pursuant to section 44 of the Legal Profession Act, Cap. 370A (‘the LPA’) rendered her practising certificate person whose name is entered on Association. This, however, now invalid, pursuant to section 45 (3) of the the Roll of the Court. raises concerns of discrimination; LPA, and, accordingly, she could have no whereas non-members of the Bar audience before the court. Accordingly, so long as an attorney- Association can practice without at-law is on the Roll of the Court he paying a subscription fee, members The determination of the application is an attorney-at-law for the stand to have their practising turned on the issue of the purposes of the LPA and, by certificates inoperable until they constitutionality of section 44 of the LPA extension, the Code of Ethics. have paid such fees. in relation to the Defendant’s attorney’s Therefore, attorneys-at-law who are right to freedom of association under on the Roll, regardless of their Conclusion section 21 of the Constitution of Barbados membership status, must comply While Nurse is a first instance (“the Constitution”). In her ruling, Madame with the Code of Ethics and the LPA. decision and is likely to be appealed, Justice Beckles found the right to This means that non-members may the current position in Barbados is freedom of association to include a be brought before the Disciplinary that mandatory membership of negative right not to associate. She held Committee under the Code of Ethics attorneys to the Bar Association is that insofar as section 44 of the LPA and the LPA where there is an unconstitutional. The implications of compels all attorneys-at-law to be allegation of professional Nurse may have to be further members of the Bar Association, it is misconduct. It is therefore submitted ventilated as several questions inconsistent with the Constitution, and that Nurse does not alter the status remain unresolved. Until such time, thus void to the extent of this quo in relation to enforcement of it is submitted that non-members inconsistency. She held further, that in professional discipline. are not beyond the reach of the exercising her constitutional right not to Disciplinary Committee and are belong to the Bar Association, the Subscription Fees indeed subject to professional Defendant’s attorney should not be The ruling in Nurse is of importance, discipline. They also cannot be denied an audience before the law courts. not only to current practitioners, but turned away from the courts for not also law students about to enter the paying subscription fees to the Bar Professional Discipline for Non- profession. Rule 57 of the Code of Association. The impact of this Members Ethics requires an attorney-at-law to decision on regional jurisprudence is Nurse acknowledges that the LPA was have a valid practising certificate in yet to be seen, nonetheless, perhaps enacted to, inter alia, regulate the legal accordance with the LPA in order to it is time for a discussion on the profession, and protect the public, and practice. However, under section 45 topic. attorneys-at-law from abuse of their (3) of the LPA, the practising roles in the legal process. The Code of certificate of a Bar Association Ethics (“the Code”) is subsidiary legislation member who fails to pay his to the LPA. Rule 5(1) of the Code states subscription fees is of no effect. The that it is applicable to all attorneys-at- effect of Nurse is that this no longer law, ‘whether in practice or not.’ Section 2 applies to attorneys-at-law who of the LPA defines an "attorneys-at-law" choose not to be members of the as a Bar P A G E 1 2 V o l u m e 1 1 - I s s u e N o 2 T h e G A V E L REVISITING REFUGEES BY ROLANA CUFFY-BERNARD The Geneva Convention defines a refugee as a person who has a “well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion” and who, on account of that fear, “is unwilling to return to their country of origin.”

When a person is forced to flee his or her country, he or she seeks sanctuary in another and applies for asylum. Asylum is the right to be recognised as a refugee and receive legal protection and assistance.

Statistics from the United Nations High Commissioner for Refugees (UNHCR) indicated an unprecedented level of displacement. There are 68.5 million forcibly displaced people worldwide. Further, 25.4 million of those persons are refugees, the 1951 Refugee Convention and its 1967 Protocol, the country is and 3.1 million are asylum-seekers. bound by international law to uphold the terms of these treaties. This means it must respect the fundamental human right to seek As of March 2017, the UNHCR has identified asylum and never return people to countries where their lives or Trinidad and Tobago as one of the largest refugee- freedom are at risk.” receiving countries in the Caribbean, with a notable 62% increase in the number of asylum seekers who The statement was a response to the reported arrest of 78 Cuban applied for asylum in 2016, as compared to 2015. asylum applicants and refugees, who had been protesting outside There has been a recorded 326 refugees, asylum the UN headquarters in Trinidad. Erika Guevara-Rosas, America's seekers and other persons of concern in Trinidad director at Amnesty International, was quoted as saying that and Tobago. This number was recorded prior to the “rather than locking up people who only want to rebuild their lives unrest in the neighbouring country of Venezuela. In in safety, the authorities should build on the nation’s existing policy a statement by Trinidad and Tobago to the 67th on asylum and refugees and put in place legislation to help it fulfill Session of the Executive Committee of the UNHCR, its existing obligations under international law.” there was an acknowledgement of the ad hoc procedure for treating with asylum seekers, which Mr. Aschille Clarke-Mendes, LLM, author of Trouble in Paradise: included the UNHCR and the Living Waters Case Study on Venezuelan ASYLUM Seeker’s Experiences in Community conducting Refugee Status Trinidad and Tobago, suggested several practical remedies for Determination (RSD), with little involvement by treating with the current refugee situation. Firstly, Mr. Clarke- government agencies. The government has sought Mendes suggested that there was a dire need to ratify the to address this situation through the development principles of the 1951 Refugee Convention and its 1967 Protocol. of a National Policy to Address Refugee and Asylum The arrests, deportations and detentions of refugees must be Matters in the Republic of Trinidad and Tobago, discontinued. There was a general underpinning from the adopted by Cabinet in June 2014. academic position, that the government of Trinidad and Tobago just needed to do more; inclusive of providing suitable Civil unrest, which often involves violent and accommodation through implementation of designated areas for longstanding conflict, is the major contributor to human shelters. Lastly, Mr. Clarke Mendes cited legislative the rising number of forcibly displaced people and amendments, namely, that section 15 of the Immigration Act of by extension refugees. However, the growing Trinidad and Tobago was too broadly worded and allowed arrest number is also as a result of either religious, without warrant. national, social, racial or political persecution, discrimination based on gender or sexual It is submitted that Trinidad and Tobago, a country of 1.3 million orientation, hunger and climate change. people closely neighbouring Venezuela, is regarded as one of the most advanced and stable countries of the Caribbean region. The On November 21, Amnesty International, in a country has experienced mixed migration movements and for this release, criticised the manner in which asylum reason it is best poised to enact legislation and implement seekers in Trinidad and Tobago are being treated. measures for the protection of refugees. A failure to do so would amount to a great disservice to ourselves and by extension to our In a release, the body said that “having acceded to fellowmen. Lest we forget, it is, “here every creed and race can find and equal place.”

T h e G A V E L V o l u m e 1 1 - I s s u e N o 2 P A G E 1 3 Term One Highlights ng!!! Para

Orientation Week! Let's Talk Football Year 1 Vs Year 2

4B!!

Parliamentary Debate Competition 2018

Year II Sorroni Bruce facilitating after-school exercise classes.

P A G E 1 4 V o l u m e 1 1 - I s s u e N o 2 T h e G A V E L

Night

es Bak pkin Flying Fish Pum

e Cak Fish

S mal l up unno self T h e G A V E L V o l u m e 1 1 - I s s u e N o 2 P A G E 1 5 Light Triumphed Darkness at the HWLS

BY KALESH LOAKMAN

As the last ray of sun disappeared from the evening skies on Thursday, November 1, 2018, students of the Hugh Wooding Law School, those of the Hindu faith and even those not of the faith, set alight the dieas placed on the compound of the law school. This activity marked the commencement of the Hugh Wooding Law School’s Hindu Students’ Society celebrations in commemoration of Divali, the festival of lights. As the flames of the dieas resonated their light, the theme of ‘good over evil’ resonated in the hearts of everyone who attended the concert, which was held later that evening.

The concert started at approximately 7:30 p.m. with a prayer from Course Director of Probate Practice and Procedure, Pandit Rudranath Maharaj. The evening was followed by an array of songs, dances and other creative pieces, with a special performance by First Year Student, Keon de Las, who quite beautifully blended a traditional Indian song into the melody of the pan.

The highlight of the event, though, was the modelling segment, which saw students of the law school from all walks of life being outfitted in intricately adorned and embroidered Indian garments, much to the crowd’s liking. When the President of the Hindu Students’ Society announced that there was a surprise treat which was to occur after the conclusion of the concert, many sat in curiosity as to what this ‘surprise’ would be. When concert ended, all the attendees were reminded to indulge in the sweet meats and savory curry and roti before they made their way home. As everyone gathered in the sub-moot area, the ‘surprise’ of the night was introduced to the attendees in the form of loud, rhythmic and captivating tassa drumming. Many were burning to jive to the rhythm, but they let their shyness overcome them.

Everyone present at the night’s proceedings seemed to have not regretted being in attendance. This cultural display was exactly the break many needed. This year the attendees were treated to sparkle sticks, so that they would be afforded the opportunity to celebrate Divali out of school. P A G E 1 6 V o l u m e 1 1 - I s s u e N o 2 T h e G A V E L Christmas Recipes BY JUBILANTÉ J. CUTTING Pepperpot: A Guyanese Tradition Macaroni Pie: A 'Bajan' Tradition 1 pack of macaroni 1 block/pound of cheddar cheese 1 sweet pepper | 1 onion | 1 egg 2 garlic cloves | 1 tablespoon of salt 3 tbs of sugar Dash of paprika Dash of curry powder 2 tins of evaporated milk 4 tbs of mustard 1 cup of tomato ketchup Christmas Bread: A 'Trini' Tradition ½ cup of cooking oil 2 pts Water 5 lbs Flour approx Directions Pepper pot is very simple 6 Eggs | 1 ½ lbs Margarine Grate cheese, onion, garlic cloves. If cooking for a family of 4, you 2 ozs Milk Powder Dice sweet pepper. Break and beat 1 will need : Chopped ham (optional) egg. Boil half saucepan of water, add 4 lbs of meat (lb of cowheel, beef, 1 ½ ozs Salt | 2 ½ ozs Yeast the cooking oil, add salt, break the oxtail and tripe) ½ lb Raisins | 2 ozs Sugar macaroni in two and add as well. Stir Casareep (½ cup per lb of meat Little yellow colouring this every 5 minutes to prevent the Sugar (¼ cup) 2 ozs Olives macaroni from sticking together. Boil 4 cloves of garlic ½ lb Nuts (peanuts, wallnuts or the evaporated milk in a saucepan, 1 cup of clove almonds) add ¾ of the grated cheese, onion, A few sprigs of fine time 1 lb Dates or Apples sweet peppers, garlic, sugar, paprika, 2 sticks of cinnamon 2 lbs Cooked minced meat curry, all the mustard and half cup of Slow or pressure pot or rice (cooked as in meat pies) the ketchup. (cheese sauce). Stir the cooker. Pressure pot for faster cheese sauce constantly to prevent cooking Directions the cheese from settling to the 1 tbs of salt or 3 cubes In bowl, add flour, yeast, salt, sugar, bottom of the saucepan and burning. 1 scotchbonnet pepper colouring, powder milk and eggs. Mix with hand whisk. Add margarine After half hour, pour off the water Directions and little flour at a time and knead from the macaroni and add the cheese Take meat and steam with enough with hand. Continue adding flour sauce and the beaten egg. Give this a water to cover the meat in pot until you reach right texture. Place good stir to ensure everything is used so that fat raises to the top on board, dust with flour and knead. mixed in well. Use butter or cooking (if this step not followed Form into a ball and rest for about oil to grease the baking dish, pour the Pepperpot may be oily) 20 minutes. mixture into the dish and sprinkle the Strain meat. After straining, put remaining cheese on the top. Bake at all ingredients in pot with meat. After forming ball above, roll out on 350° for 45 mins. Afterwards you will Salt to taste. Once all ingredients board and add raisins, nuts, olives be blessed with a homemade Bajan added, add water to cover meat. and dates or finely chopped apples pie, with a taste like no other. Hot water is preferred to help in centre and knead all together. meat to cook faster. Add water to Form ball and rest for 20 minutes. cover meat. Add more Separate dough in about 3 balls, water. Pressure meat. When dust and roll gently, then add water goes down, if meat is still minced meat in centre. Spread meat tough, add more water until meat over entire surface. Roll it like is soft to your liking. This can be currants roll and seal off. Place in eaten anytime of day for greased tin, egg wash on top and let breakfast, lunch or dinner and raise for about 20-30 minutes. Bake lasts and lasts... at 350°.

T h e G A V E L V o l u m e 1 1 - I s s u e N o 2 P A G E 1 7 The Only Yellow in a Sea of Red

BY KALESH LOAKMAN This article seems untimely at first glance, but it is legitimate to need time to recover from the trauma of watching your team suffer defeat in the cricket match of the year. In the Caribbean, it seems like the truest test of national pride is during a sporting tournament, cricket being no different. At this year’s Caribbean Premier League (“CPL”), such national pride was once again put to the test.

It is one thing to be a die-hard supporter of the Guyana Amazon Warriors. However, it takes ‘real guts’ to support your team at a match held on the opposing team’s home ground, in the final round of the tournament, especially when the opposing team is the Trinbago Knight Riders.

On September 16, 2018, the tensions were at a usual high at the Brian Lara Cricket Academy, and even more so this year. Clearly throwing logic out of the equation, many placed heavy reliance on the utcome of the cricket game to be the apt determinant of whether it should be ‘chicken curry’ or ‘curry chicken’.

The match itself was filled with many ups and From the very second I entered the stadium, the air downs. There was a feeling of oneness to celebrate was saturated with unease. It is without a doubt that my team’s boundary hits with my fellow Guyanese; I say that those around me were able to distinguish none of whom I knew personally but with many of me from the more popular throng in attendance on whom I felt a closeness. There is definitely no that day. Proudly adorned in my team’s official jersey, emptiness in the statement that CPL is the ‘biggest I stood out in my yellow in a stadium which bled red. party in sport’, for even when there was a pause on Quite often, I was reminded that I was waving the game-play, there was no pause on the Guyanese wrong flag and that I was sporting the wrong jersey. and Trinbagonians having a memorable time.

The final over of the game was characterised by nail-biting and the lack of need to be seated. It was heart-wrenching to see my team lose to a long-time rival, but I played it off as if it was no big deal. After all, you should never let the other side see that you have been weakened. I walked away that night, disappointed that a win was not secured.

I was proud nonetheless to see my team to the very end. With the Golden Arrowhead fluttering in the wet evening air, I convinced myself that there was absolutely no way that I would let a cricket match determine that “chicken curry” was not truly champion.

P A G E 1 8 V o l u m e 1 1 - I s s u e N o 2 T h e G A V E L A RETURN TO DEBATE? Debating has returned to the Hugh BY CHEVY DEVONISH Robinson. Mr. Robinson, a University of Wooding Law School (“the HWLS”) in the West Indies, Cave Hill Campus sophisticated style with the recently Alum, said such debates were held at concluded HWLS British Parliamentary Cave Hill, and he believed the style of Debate Competition, held on Friday 23 debate would benefit students of the November 2018. The competition saw HWLS. Ms. Dupraj functioned as four teams engaging in a fiery back and Speaker of the House while Ms. Susan forth on the motion: “This House would Charles-Sylvester, Course Director for ban parents earning an income of under Landlord and Tenant, and Mr. Anil $6000.00 per month from having more Maraj, tutor of Law Office than two (2) children.” Management, Accounting and Technology, served as judges. Teams one (1) and three (3) proposed the motion, and were assessed on their The debate was regulated by trite rules ability to define the motion in a manner and conventions of the British conducive to their role of proposing, Parliament. All presentations were supporting, and defending the motion. required to be made through the Team one (1) was comprised of Speaker of the House, as opposed to Jubilanté Cutting (First Proposition), and the audience, or the members on the Mr. Lloyd Robinson (Second Proposition), other side. Debaters were judged on both first-year students, while team their knowledge of these rules and three (3) consisted of Anissa Ali (Third conventions, as well as how they used Proposition) and Marise Ayoung (Fourth certain privileges, including asking and Proposition), both also of first-year. responding to question to buttress their own positions, while breaking down the Meanwhile, teams two (2) and four (4) position of the members of the other opposed the motion, and were assessed side of the House. on their ability to define pertinent terms in the motion in a manner supporting The HWLS also emerged the champions their role of refuting the motion. Team of the recently concluded Clash of the two (2) was comprised of Amy Khan Debate Titans Tertiary Debate (First Opposition) and Sebastian Competition organised by the Trinidad Peterson (Second Opposition), both first and Tobago Securities & Exchange year students, and team four (4) was Commission. The competition comprised of Arthur Thomas (Third consisted of three rounds, which saw Opposition), and Chevy Devonish (Fourth seven teams squaring off against each Opposition). other. In the final round, the HWLS went up against against the Institute of At the end of the event, teams two (2) Law and Academic Studies (“ILAS”) and and three (3) placed third and fourth emerged champions. respectively, and team one emerged second. Team four (4) took first place, In addition to bragging rights, each with Fourth Opposition Speaker, Chevy team member walked away with $5000 Devonish copping the prize for Best cash prizes, which they are required to Oralist. invest in Trinidad and Tobago’s stock market for at least a year. This resurgence from the precipice of virtual extinction is credited, in part, to The team consisted of Kyla Richards 2018/2019 Students’ Representative (First Speaker), Chevy Devonish Council (“SRC”) Moot Chairperson Ms. (Second Speaker), and Fanella Francis Sumayya Dupraj, and Mr. Robinson. Ms. (Researcher). Mr. Roger Ramgoolam, Dupraj and Mr. Robinson are the Head Course Director for Criminal Practice and Deputy, respectively, of the recently and Procedure at the HWLS, served as revived HWLS Debate Society, and the the team’s Coach. idea to organise this particular type of debate, the first of its kind ever held at the HWLS, was the brainchild of Mr.

T h e G A V E L V o l u m e 1 1 - I s s u e N o 2 P A G E 1 9 Transitionals' Transition BY KALESH LOAKMAN & RENEE ATWELL "As a foreign student, how has adjusting to life in Trinidad and Tobago been for you thus far?"

Joseph Cowles Yohance Griffith Melanie Roberts Studied in England Studied in Barbados Studied in the United States of America

My experiences in Trinidad so For me the most challenging This period has proven to be one far have been on the whole part of living in Trinidad has filled with rigorous academic and positive (one case of bad been trying to not to gain practical learning as I transition to doubles), there's beautiful weight because the food is so the Caribbean style of jurisprudence. scenery all around and life good and cheap, especially the generally is so vibrant - there's doubles sold in Curepe. In It has in many ways quickly prepared rarely a dull moment. Trinidad, the people on the me for legal practice in Trinidad and street or in the supermarket Tobago. Of particular benefit has However, growing up in or anywhere will strike up a been my exposure to experienced England, I am not accustomed conversation with you like attorney's and Justices. An overall to living alongside such we pitch marbles. memorable experience. extreme levels of violence and corruption. While it certainly I liked this but it took some exists in England, it feels getting used to. Trinidadians closer to home in Trinidad. love their White Oak. I wasn't Having to be constantly a big fan of it at first. Now at vigilant and not letting fear every fete that I attend, I and paranoia rule has perhaps would usually call for "white been the biggest adjustment. and sprite".

P A G E 2 0 V o l u m e 1 1 - I s s u e N o 2 T h e G A V E L Why Lawyers Should Aim to be More Physically Active BY KELLEE SPICER Sports Chairperson of the Students’ Representative Council

The study and practice of law is Interestingly, research has shown For those seeking a more fun or undoubtedly monumentally that sleeping and alcohol creative way to exercise, dance or demanding. Law is indeed a jealous consumption does nothing to yoga or any other recreational sport mistress and she demands relieve stress, yet they are among are viable options which are likely to everything a willing tribute has to the top go-to coping mechanisms. make exercise feel like less of a offer. Exercise, however, reduces the burden. stress causing hormone cortisol, Recognising the benefits associated Attorneys-at-law, and law students while simultaneously releasing with exercise, and the lack of are required to be mentally sharp to endorphins which lend to a more exercise among attorneys-at-law efficiently work cases, and execute relaxed and positive mood. This and law students, the Sports school requirements. This includes then enables an overall Committee of the Students’ carrying out research, writing improvement in performance. Representative Council of the Hugh letters, opinions, advice Wooding Law School has started to, submissions, as well as drafting, Exercise may also improve sleep and continues to encourage the correcting and redrafting various quality. Attorneys-at-law and law school’s staff and students to documents, usually while sitting. students, as an unofficial exercise. The Sports Committee has Consequently, attorneys-at-law, requirement of sorts of the also implemented work-out and laws students spend much of profession, tend to get less that initiatives at the school from which their lives perched on their glutei the recommended hours of students and staff are able to maximi. sleep. As this, often times, cannot benefit. be avoided, we should aim to In the premises, exercise, which is improve the quality of the sleep Short workout sessions, facilitated essential to healthy living, becomes we do manage to get. Physical by physically adept students, are even more critical. Engaging in activity increases time spent in available to both staff and students sufficient physical activity can be deep sleep, the most physically on:

beneficial to executing one’s duties restorative sleep phase. Deep Mondays from 5:10pm-6pm, as an attorney-at-law or law sleep helps to boost immune Wednesdays from 5:10pm-6pm, student for an assortment of function, support cardiac Fridays from 5:10pm- 6pm, and reasons. health,and control stress and Saturdays from 4pm- 5pm. anxiety. Besides providing much-needed These sessions are facilitated by movement for this usually Faced with our schedules, we may Sorroni Bruce, Martie Garnes, and stationary class of professionals, think as an attorney it is Justin Boyce, all second year law exercise contributes to an increase impossible to include exercise students. in one’s energy levels, thereby in our busy schedules. However, allowing attorneys-at-law and law the truth is we cannot afford not students to have the vitality to exercise. Attorneys-at-law and required in light of their demanding law students looking to schedules. Exercise also aids in incorporate exercise into their relieving stress, which is critical, schedules may consider starting given the stress levels associated with a short twenty (20)-minute with the study or practice of law. workout in the morning before Quite often, attorneys-at-law and starting the day. Joining a law students find themselves in workout group is also advisable as stressful situations, and must find this may encourage consistency, ways to manage and reduce their and provide motivation and stress levels. support. T h e G A V E L V o l u m e 1 1 - I s s u e N o 2 P A G E 2 1 Do Virtual Attorneys Dream Of Digital Case Briefs? BY TIMOTHY J.R. SINGH

Video conferencing, Lexis Nexis© advancements made in technology This “courtroom evidence and emails, laptops, smartphones since the days of the powdered visualisation system” goes beyond a and tablets. The Internet. I am wigs, you should remember that locus in quo visit, as it allows the certain that you would agree, that history is cyclical. If you struck up a court to both explore the scene of these are a mere handful of the conversation with a time-travelling the crime and view the incident as technological products and services attorney hailing from forty years it was described by the witness. that the modern lawyer has at his or into our future, he could The witness was able to exhibit to her disposal. similarly bamboozle you. He may the court his first-person view your carefully curated perspective of the incident Imagine that you owned the collection of soft-copy cases with as the alleged crime was acted out DeLorean© time machine and had a disdain and could simply be able to by simulations of the accused and weird urge for a brand of coffee recite a paragraph of any case, from the victim. found only in the 70’s. One leap of his memory-chip implant. While logic later, you step out of your rad that may seem like science fiction, Attorneys-at-attorney may soon no ride, the oldies are the newies and there are other similar burgeoning longer need to walk into court with you know in your soul that the year technologies that are now being measuring tape and hope that the is 1971. You stroll into a conveniently utilised in the legal processes of jurors possess good imaginations. situated cafe and strike up a many jurisdictions around the Through proper utilization of this conversation with an attorney over world today. system, evidence can be led in a a cup of the said hypothetical more cohesive manner and the coffee. The conversation turns A recent example of the application reliability of witnesses can be more toward a relatively recent of such “sci-fi tech” to the law, was readily ascertained. controversial decision, he excitedly the use of virtual reality “VR” whips out a three hundred-page technology in a criminal trial at the The law evolves to meet the needs judgement, you look at it in dismay Beijing First Intermediate People’s of the society and societal change and you then absent-mindedly ask Court on March 1, 2018. The sole is often catalysed by advancements him to email you a PDF of the brief witness to a murder was asked to in technology. In a world where instead. ‘E-what the who?’ equip himself with a VR headset and science fiction is rapidly becoming VR controllers, which allowed him reality, we attorneys-at-law must Now that you may be a bit more to interact with a simulation of the be poised to wield these appreciative of the vast scene of the crime. advancements for the good of all.

P A G E 2 2 V o l u m e 1 1 - I s s u e N o 2 T h e G A V E L Reader's Corner: The Burden of Command - John B. Edwards BY DESHON J. GRIFFITH

“Great leaders and managers are not born; great leaders and managers are - those I am responsible for managing. I created by their experience, passion for use this information to avoid negatively the job, and training.” impacting them, as Edwards advises in his book. I am also more conscious of The foregoing is one of the many quotes the importance of listening, being fair, which resonated with me while reading being decisive, upbraiding those who The Burden of Command by John B. need to, and rewarding those who do Edwards. It is a self-help book written their jobs. This book has specifically for those who find themselves helped me to navigate my role as thrust into positions of leadership and President of the Students’ supervision. The author describes it as a Representative Council of the tool to provide knowledge, discernment, Students’ Association of the Hugh and understanding to such leaders and Wooding Law School. I look forward to supervisors so that they may seed learning more as I continue to read and growth and performance in their would encourage anyone to take up this subordinates through a new and book and have a read. One final paradigm shifting perspective. quote I wish to share is one which plays on my mind daily as I carry out my various functions as a leader: I recently discovered The Burden of

Command and had only finished a few “If a problem develops in the work unit, pages when I was asked to do this review but failing to share the usefulness of a (2) The Burden of Competence; (3) The the first place to look is yourself.” text like this with the future leaders of Burden of Servant-hood; (4) The Burden the region would, to my mind, be almost of Communication; and (5) The Burden of criminal. I discovered the book while Management. watching an interview of one of my senior officers in the Barbados Defence Edwards refers to these aspects of Force. He had just been given a new command as burdens because of his appointment in the organisation and was personal discovery, that it is “a burden to giving a recount of what it took to reach command” i.e. it is something that never that point in his career. He said that, ends or lets up. According to Edwards, a among other things, The Burden of leader must strive against, and fight Command was a useful tool in honing his himself every day. He must fight every leadership skills and quoted with day to maintain the requirements to conviction an excerpt from the text those under his charge, and must manage which he found to be impactful. himself to be a mentor, servant, a great communicator, “the boss”, and the only It reads: person in the group that is absolutely and “People won’t care how much you know totally responsible for everything. until they know how much you care.” In spite of the many pressures of life, It was this quote, and my senior officer’s including the extremely hectic nature of story that inspired me to seek out the second year, I have resolved to invest book and start reading it. time into being a more effective leader. Deciding to read this book has been a The main feature of the book is that it positive step towards achieving that goal. divides the burdens of command into I am now even more cognizant of who I five categories and is chapterised as am - my strengths, weaknesses, pet such: (1) The Burden of Self-Awareness; peeves and passions and how I affect

T h e G a v e l V o l u m e 1 1 - I s s u e N o 2 P A G E 2 3 Lord of the Strings BY ROGER RAMGOOLAM

Guitar music is a dying art form. When I Instead most settle on being mere reflect on the sounds of the 80’s and I ‘posers,’ content to parrot a few licks compare it to contemporary music, I am ripped off from you-tube to impress fortified in my view that back then we their friends. Others abandon their truly experienced the halcyon days of precious instruments altogether and guitar driven pop music. Music now settle for air guitar and head banging. seems sterile and overproduced. It’s all studio manufactured and auto-tuned Persistence and patience will bring perfection. Live performances are a many rewards. Playing an instrument display of lip synching and slick causes the body to release feel good choreographed dance moves all backed dopamine into the system and learning up by repackaged versions of 80’s techno music and practising improves hand eye sounds. coordination and strengthens the wrists and fingers. Memorising musical pieces The iconic lead guitarist with the ripped also helps improve memory and powers t-shirt and black leather pants wailing of recall. There is also a link between away on a red Fender Stratocaster elevated self-esteem and mastery of a ,sunburst Gibson Les Paul or even a musical piece, especially where one had black Jackson Flying V has become a 50 to overcome shyness or stage fright in something year old ‘has been.’ He or she order to perform for an audience. is a veritable dinosaur mostly seen in a You don’t have to be the next guitar god habitat as miserable as a small club or to feel great playing the guitar. other pitiful venue seating fewer than 3000 persons. This is indeed a far cry Sometimes being good enough to play from the glamour days of 1980’s arena for a Christmas carolling session or to rock! noodle along to a beach sing along is good enough for most. I recall my own The guitar (and its insane cousin the guitar player. Harmonics, harmony, feelings of accomplishment after electric guitar) the instrument of aural modal progressions, diatonic scales and performing at a birthday party. Our little artistry is now seemingly doomed to inversions are just a few of the concepts band only practiced 3 times before the being a footnote in history. The six one is exposed to. The fact is a learner gig and I had the job of re-arranging the stringed (sometimes seven stringed) needs only know how to count, and the melodies for a well- known Jackson 5 guitar has always thrilled and mystified letters of the alphabet from A to G and song. But, we pulled it off and had a lot people with its ability to delight, shock one is sufficiently equipped. Of course of fun doing it! and even inspire awe. Who would have having unusually long fingers helps but thought that the instrument that it’s not strictly necessary. Legendary I was even emboldened to the extent produced the magisterial ‘Top Gun Black Sabbath frontman Tony Iommi lost that I now write original music and anthem’ or the iconic guitar solo in the tips of the middle and ring fingers of lyrics, and although I don’t see a ‘Maniac’ from the 80’s Flash dance movie his right hand but managed to develop recording contract in my future, my would be shunned by modern musicians. his own unique style using his truncated forays into writing and arranging have Few would gainsay that it was Eddie Van digits. been an enriching experience. Halen’s solo in Michael Jackson’s ‘Beat It’ Ultimately I think that playing the guitar that really took that song over the top, Many learners are attracted to the is about sharing a fun time with others; into the territory of the sublime, helping intoxicating beauty of the instrument; making a special connection through the to make ‘Thriller’ one of the best- selling the sinuous curves of the body and silky universal language of music. So pick up a albums of all time. feel of the neck, while others just want guitar (an inexpensive one will set you to look cool walking around back less than a grand) and open you- But how can six strings and 22 frets nonchalantly with a guitar slung around tube. It’s all there - you don’t even need produce so much magic? A neophyte their shoulders. Few people however to pay for lessons. We need more guitar student of the guitar usually feels ever persist with the long lonely hours of music! bewildered by the panoply of musical practice, and learning music theory to knowledge that he/she must absorb in realise their dream of being a true guitar order to become even a competent player.

P A G E 2 4 V o l u m e 1 1 - I s s u e N o 2 T h e G A V E L An Interview with The Honourable Justice Gillian Lucky BY RENEE ATWELL

1. What was the impetus for the Fast interest in criminal law is to seek Track Court? employment in either the Office of the There is a backlog in criminal matters Director of Public Prosecutions (DPP) or before the High Court. In order to reduce the Legal Aid and Advisory Public this backlog, several initiatives have been Prosecutions (APP) or the Legal Aid and implemented. One such measure is the Advisory Authority (LAAA) in their Fast Track Court (“FTC”), which deals respective countries. These with matters than can be determined in a departments play a fundamental role in relatively short space of time. There are the criminal justice system and enable specific criteria that must be met for practitioners to put service before self. matters to be listed in the FTC. These For those who choose to work in include: private practice, join the chambers of i. The matter must be a non-capital reputable criminal law practitioners offence; who are recognised for their integrity ii. There must be no more than two (2) and skill at the Bar. It is vital to have a accused and no more than six (6) mentor in the profession. My mentor in witnesses; and Official photo of Justice Gillian Lucky the criminal law arena is the late Dana iii. The matter must take no more than Saroop Seetahal S.C. who, as an aside, more five (5) working days. backlogs. These countries include Guyana was the author of the Evidence manual, The FTC was re-introduced during the and Barbados. which in great measure, is still used at August - September court vacation the HWLS. Although Dana is no longer period. I say re-introduced, because it 4. How does it feel to be back at the Hugh with us, her legacy lives on, and her was an initiative used some years ago Wooding Law School (“the HWLS”) as a words of wisdom and guidance with the same objective of backlog Course Director? continue to inspire me to this day. My reduction. I am thrilled to be back at the HWLS as a other mentor is a Senior Counsel who course director. Although my tenure is for practices in the civil arena and who 2. Have you seen any success with it? one year lecturing the law of evidence, I prefers to remain unnamed (smiles); so In addition to the FTC, there is another am using the opportunity to do all I can to at least we have a mystery aspect of this measure called ‘Status Hearings’ which contribute positively to the academic interview (more smiles). enables persons who are in custody, programme and extra-curricular activities awaiting trial in the High Court and who at the HWLS. 7. Do you have any other tips for young wish to plead guilty, or have a Maximum attorneys-at-law? Sentence Indication (MSI) hearing, to 5. As a High Court Judge, are there any Young attorneys-at-law practicing in come before the court. These initiatives challenges that you face? any court must always be prepared. have been successful because of the All judicial officers face challenges in the Proper preparation involves more than professionalism, and commitment execution of their duties. The mantra must knowing the case. It includes having exhibited by all the stakeholders involved be to act in the best interest of justice and legal authorities readily available for all in the administration of criminal justice. to ensure that justice is accessible to all the parties in the case, and the ability to persons. As a judicial officer, I seek to thoroughly and competently answer the 3. Do you think that these initiatives implement best practices and to uphold questions posed by the court. True should be implemented in other the highest integrity in my role as a judge. professionalism means displaying countries facing court backlog? integrity in the conduct of the matter The good news is that some other 6. What is one piece of advice that you from its commencement to its countries in the Caribbean have shown would give to law students who have an conclusion. an interest in implementing these interest in criminal law? initiatives to deal with their respective My advice to law students who have an