THE GAVEL A PUBLICATION OF THE HUGH WOODING LAW SCHOOL

VOLUME 10 ISSUE 3 M A R C H 2 0 1 8 IN THIS ISSUE:

5 T&T’s New President Vows To Be Agent Of Peace The Role of Refugee Rights By Chevy Devonish the first woman elected to the “I was not particularly interested in office of President, although she Becoming Trinidad and Tobago’s being a lawyer. I actually wanted to acknowledges the inspirational and President is undoubtedly a signifi- be a linguist,” she explained, adding aspirational significance. However, cant achievement for retired Justice that she applied to do law after her her disposition towards the devel- 10 of Appeal Madam Paula-Mae Week- friend’s father, the late Justice Tel- opment has no bearing on her ap- The Gavel’s Job es, Trinidad and Tobago’s newest ford Georges lamented that none of proach to her new post. Application President. It is also a landmark na- his children were showing any inter- Workshop tional development, as this is the est in doing law. Her Excellency, being a former first time ever in Trinidad and Toba- “So I just…jokingly said, “Don’t wor- Course Director for Ethics, Rights go’s political history that the coun- and Obligations of the Legal Profes-

try has had a female President . sion at the Hugh Wooding Law 15 A Journey Down School (HWLS), intends to approach Di Last month, before she was official- her new role with the same ethical Islands to ly sworn in, Her Excellency sat down considerations which guided her El Dorado with The Gavel to talk about the conduct in previous posts. journey which culminated in her ascension to the office of President, “A lot of people seem to think that and how she intends to discharge you are in a position, or that you are 20 her mandate. willing to do them some favour…so I Surviving the Legal think that one of the ethical consid- Aid Clinic The most obvious consequence of erations is to be very careful to give this development is the shattering no favors, and to make all decisions of the proverbial glass ceiling with squarely on the basis of merit and respect to one of the highest offices 21 availability. It is very tempting to in Trinidad and Tobago. Another help out someone you know, but I ceiling was also smashed in 2010, The Lighter Side think that is a very slippery slope,” when for the first time a woman- the President explained. Kamla Persad-Bissessar-became the ry uncle Telford, I’ll do law for you.” country’s first female Prime Minis- “Another consideration is to avoid ter. Those two major achievements After filling out the application, I really and truly put it out of my all partisanship, and semblance of make a bold statement that the two partisanship because of the polar- And more! highest offices in the country are mind… When the call came through, I thought that would be a grand ised nature of our society. People also within the reach of women. are extremely sensitive, so you real- adventure to leave home and go off to Barbados, so that is what I did,” ly need to make sure that at all Though her exploits in the legal Her Excellency recalled. times you can fairly or can transpar- profession as a prosecutor, private ently explain why you chose one practitioner, teacher, and judge, are thing over another,” Her Excellency But she has no doubt created histo- what most notably precedes her, noted. and are what likely commended her ry, also being the first female Chan- to the minds of those who nominat- cellor of the Anglican Church in Trinidad and Tobago and the first She added: “One of the important ed, and elected her, Her Excellency- things I would have to be conscious confided that law was the furthest female Court of Appeal Judge in the Turks and Caicos Islands. thing from her mind when she con- Continues on page 2 Her Excellency says that she derives templated tertiary education. Continued from page 1 no personal pleasure from being P A G E 2 The Gavel 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. Contributions and comments are welcome from staff, students or any other interested parties. All good things must come to an end. As the end of another academic year at the Hugh Wooding Law School comes to an end, so too does the tenure for our year two members. The Gavel Editorial Committee bids farewell Send all e-mails to: to Vishala Khadoo, Jonathan Stevenson and Aaron Mahabir. All the best in your future endeavors, and thank you [email protected] for your assistance in making our publications a success! Editorial Committee Staff:  Nisha Mathura-Allahar adjudication would be detrimental of, is at all times, aiming for appro- Her Excellency completed her LL.B to her sole practice; she communi-  Jason Nathu priate transparency, while under- studies in 1979, and her Legal cated this to the Chief Justice, who  Rudranath Maharaj standing that not at all times can Education Certificate training at then offered her full tenureship. everything be put on the table … so the Hugh Wooding Law School in Editor at Large: it is about striking that balance of 1982, after which she joined, and The reasons Her Excellency gave  Imran Ali transparency and dealing with remained in the Chambers of the for leaving her private practice situations in a subtle way to bring Director of Public Prosecution even while it was blossoming are about the best result.” (“DPP”) until 1993. Recalling her that the ease with which clients Editor, Design and Layout tenure at the DPP’s Chambers, she were willing to misrepresent facts, & Photography: By the end of her term, Her Excel- said “At that time it was a great and use her as the mouthpiece for lency hopes to “Make the office of deal of fun because we worked as such misrepresentation, and her  Vishala Khadoo the President invisible,” since she a collective, and there were many longing to once again work as part  Arun Baboolal believes that “The office functions people who were there at the of a collective which was not avail-  Jonathan Stevenson best when people don’t have to time.” able as a sole practitioner. think about it. Things are being  Aaron Mahabir done, appointments are being After leaving the DPP’s Chambers, As for her reason for accepting the  Christine St.Marie made, and we can rest our head on Her Excellency joined the Cham- nomination to be President, Her  Chevy Devonish a pillow that this was the best bers of Theodore “Teddy” Guerra, Excellency said she took up the  Kalesh Loakman available choice. We can trust that S.C., where she stayed for just 10 task because she is of the belief what is to be done is being done months before venturing into sole that she will be able to make a  Renee Atwell appropriately, and with the coun- practice. “I had done the Magis- difference. If her past achieve-  Deshon Griffith try’s best interest at heart.” trates’ Court, High Court, and the ments are anything to go by, it is Court of Appeal. I just needed to reasonable to assume that Her Extended thanks to She also hopes to “Raise the profile learn how to establish and run a Excellency is unlikely to allow the Francisca Campbell for of the President as an agent of practice, and after 10 months I felt political and ethical polarisation, peace in the country,” since she that I had that firmly in my grasp,” and other issues which have her assistance.

believes that, “The President Her Excellency stated. plagued the country since inde- Disclaimer: should be a soothing spirit where it pendence, to deter her from at Please be advised that the needs to be, but also needs to light She would practice for just about least attempting to achieve her views expressed in the a fire sometimes where that needs three years, however, before she goal. articles contained herein are to happen, but overall, to bring us was asked by the then Chief Jus- those of the individual back to a sense of civility, calm- tice, Michael De la Bastide, wheth- The Gavel team wishes Her Excel- authors and not the of ness ... [allowing us to] disagree er she would consider a part-time lency President Paula Mae Weekes the Editorial Committee/ without any need for excessive and stint on the bench. After much success in this undertaking.. Hugh Wooding Law School loud agitation.” thought she realised that part-time and/ or the Council of Legal Education.

T H E G A V E L P A G E 3 VOLUME 10 ISSUE 3

So Long, Brother – Dappa’s Candlelight Vigil

By Deshon Griffith Prince Carew, a first year student and clergy- man, after presenting a sermonette, chal- The loss of Damien ‘Dappa’ Taylor, a close lenged all those gathered to make an impact friend, and colleague, was a tough blow for before leaving HWLS, as did Damien effort- the Hugh Wooding Law School (HWLS) family. lessly. Damien died in a motorcycle accident on December 29 2017. He was just 35. The highlight of the ceremony was the candle lighting as all those gathered, including SRC One of the most spirited students from Group President, Kyle Cox, class representative and 5A, and the school at large; he left an indelible Damien’s closest friends, lit their candles, mark on the entertainment industry in Barba- passing on their flames to light other candles dos, and aspired to be an entertainment law- as Delamiko ‘Rhea’ Worrell of 5A gave a rendi- yer on completion of his Legal Education Cer- tion of ‘Go Light Your World’. tificate (LEC) programme. By the end of the rendition, the lit candles All who met Damien, for however little a time, illuminated the site of vigil, and those present could attest to his vivacious personality, with stood in silence for a few moments. which he touched many students, and staff members during his short time at HWLS. The silence was broken by Mr. Cox who la- Resident table tennis fanatics also shared mented over the number of people he had hilarious stories about their interactions with As Damien’s Class Representative and friend, I lost for the year 2017. felt it necessary to organise a candle light vigil Damien around the table. Among those was in his memory. The vigil occurred on Wednes- Uvani Debideen, who testified to having fallen I also applauded the solidarity, and comarade- day January 10 2018, during which students to Damien’s skill in successive matches. rie displayed by the students and staff pre- and Tutors alike paid their last respects. sent. The presence of our Tutors was particu- Faith Walke, 1A Class Representative paid larly heart-warming, testament to the fact tribute in song, moving many to tears, while The ceremony started at sunset with a word that their interest for students extend beyond Kimberly Knight and Alyssa Burrowes, close of prayer, which was followed by a scripture their contractually obligated roles. reading. Akeem Rowe, also from 5A, then friends of Damien’s, shared his aspirations, recited a touching poem, entitled ‘Shooting and the adversity he surmounted on his jour- The candle light vigil ended with some strong Star’, which he wrote, and dedicated to ney to the HWLS. words of encouragement by Mr. Cox and Damien’s memory. myself, imploring everyone to be more like Mrs. Martha Des Vignes, and Mrs. Alana ‘Dappa’, that is, loving, sincere, and a shining Jameson, the Course Directors for Civil Prac- Tributes followed by Martie Garnes, of 5A, light to others. and close friend of Damien, who shared his tice and Procedure, and Family Practice and fondest memories of him, while Vice Presi- Procedure respectively, fondly recalled their As we blew out our candles, we reminded dent, Student Representative Council (SRC), interactions with Damien, and noted that he ourselves that the light which Dappa started Jonathan Stevenson gave a thought-provoking was always eager to share with them his pur- in our hearts, and the hearts of many others, speech. suits and experiences. would continue to burn.

On December 16, 2017, members of the HWLS ICVF visited the St Dominic’s Children’s Home and presented hampers of items donat- ed by students during the month of December. The IVCF would like to thank the student body for their generous contributions.

Seen here is Safiya Moore presenting the hampers to Sister Arlene Greenidge.

T H E G A V E L P A G E 4 CrISIS in Trinidad & Tobago By Renee Atwell tional powerhouses such as the US, Britain This can perhaps be due to our financial and Australia sending out travel advisories constraints. Powerhouses such as the US The twin island of Trinidad and Tobago has for their citizens to exercise increased cau- have the necessary resources to invest in been plastered across the media worldwide tion in Trinidad and Tobago due to terror- equipment, specially aimed at collecting as having the highest number of ISIS re- ism. intelligence relating to terrorism such as cruits per capita in the Western hemi- their spy plane that was in circulation in sphere. ISIS, ISIL or the ‘Islamic State in Iraq The question remains unanswered: “Is Trin- Trinidad prior to Carnival helping to collect and the Levant’ has become notorious for idad and Tobago really equipped to deal information relating to the alleged terrorist its brutality, including mass killings, abduc- with terrorism?’ The Trinidad and Tobago threats. (TV6 News, Unravelling Terror) tions and beheadings. Anti-Terrorism Act was enacted in 2005. Recent times have seen increased alertness One is left to wonder why ISIS has been to the threats of terrorism. In January 2018, recruiting in the Caribbean, with its target the Attorney General of Trinidad and Toba- specifically Trinidad and Tobago. According go, Faris Al-Rawi, alerted the country that to Imam, Yasin Abu Bakr, the leader of the amendments were underway for the Anti- Jamaat al-Muslimeen, the group responsi- Terrorism Act. He elaborated that amend- ble for the attempted coup of 1990, one of ments were necessary to combat terrorism the main reasons why young black men are not only within the borders of the twin joining ISIL is their marginalisation. (Ruhfus, island state but also for citizens who en- ISIL in the Caribbean: Why Trinidadians gage in such activities outside of the juris- fight in Syria and Iraq) Consistent with the diction. Some of the improvements he al- undisturbed nature of Trinbagonians, most luded to included: people paid no mind to the issue of our fellow nationals being involved in the ex-  Submitting names of suspected terror- tremist group. However, the reality hit Scholars have posited that most Common- ists to the United Nations Security Council home when allegations of terrorist threats wealth Caribbean countries quickly enacted and its subsidiary bodies; were in circulation in Trinidad mere days anti-terrorism legislation mere years after before our massive Carnival celebrations in the US experienced its horrific 9/11 terror-  Strengthening the law relating to the February 2018. ist attack. This is because the US instigated provision of services for the financing of many states to enact such legislation to terrorism; and According TV6 Journalist Mark Bassant, combat terrorism and create a community Criminalisation of travel for the purpose of local intelligence agencies acted on infor- that would collect intelligence committing terrorist acts. mation from the US authorities and started (information). As a result, the adequacy of It is to be hoped that the new Anti- conducting thorough investigations and the initial legislation can be questioned as Terrorism Amendment Act will better com- arrested approximately 15 individuals in terrorism was never previously considered bat terrorism and provide increased securi- connection with the alleged terrorist in the region seriously enough to warrant ty measures for the citizens of Trinidad and threats. This news went global with interna- legislation. Tobago.

Credit: Guyana Chronicle

Congratulations to the Hon. Mr. Justice Rolston Nelson on this mile- stone of forty years of service as an Associate Tutor at the Hugh Wooding Law School. It has been a great honour and privilege to Renelle Maharaj collects her prize of a copy card worth $100.00 have you as a significant member of our teaching team. You have from Mrs. Nisha Mathura Allahar for her winning meme in our been influential in the development of attorneys-at-law for the last last edition’s Meme Competition. Congratulations Renelle! forty years. Once again, Congratulations!

T H E G A V E L VOLUME 10 ISSUE 3 P A G E 5

The Role of Refugee Rights

By Vishala Khadoo (“UNHCR”) to assist asylum seekers and Asylum seekers and refugees are capable of refugees. contributing to the economy but are disad- Historically, the aftermath of World War I vantaged due to a lack of legislation. Their and II led to concern for successive waves of The work of the Living Water Community need to support themselves and build a life persons who fled their homes to all parts of does not remedy the need for domestic law has been said to be exploited by some busi- the world for their survival in the wake of to resolve issues that emanate as a conse- ness owners looking for cheap labour, land- war and its atrocities. As an international quence. On December 20th, 2017, a time lords who artificially escalate their rent and concern, it became the centre of a Resolu- where Trinidad and Tobago was busied in so on, all without a means of redress. Ulti- tion adopted by the Commission of Human the merriment of the Christmas season and mately, the failure to recognize their skills, Rights which expressed that “early consider- making the best of the remaining days of educational attainment levels or willingness ation be given by the United Nations to the 2017 with their families and friends, a group to contribute to society is yet another wrong legal status of persons who do not enjoy the of Cuban asylum seekers said to be living on emanating out of our nation’s decision not protection of any government, in particular the street were arrested at Chancery Lane, to adhere to its international obligations. being the acquisition of nationality as re- Port of Spain, on the pavement outside the gards their legal and social protection and premises of the United Nations building. When the attorneys of the defendants, Mr. their documentation” (E/600 paragraph. 46; Rajiv Persad and Mr. Christophe R. Rodri- Resolution 116(VI)D). This group consisted of nine adults and guez, were contacted, they could not ex- three children. The adults were arrested and pand on the matter specifically. Mr. Rodri- This concern led to the formation of interna- taken to the Belmont Police Station while guez did however agree that there is a need tional instruments, being the 1951 Conven- the children were placed in the care of the for a framework to be implemented to treat tion Relating to the Status of Refugees (“the Child Protection Unit. The adults were with this class of people. Specifically Mr Refugee Convention”), and later, its counter- charged pursuant to section 64(1)(n) of the Persad took the view there was greater need part, the 1967 Protocol. To date, these re- Summary Offences Act, Chap. 11:02. This to ensure that state agents such as immigra- main the only global legal instruments ex- offence carries a fine of two hundred dollars tion officers and police officers who interact plicitly covering the most important aspects or imprisonment for one month and is com- with asylum seekers and persons granted of a refugee’s life. These provisions dictate mitted where any person “in any way ob- refugee status are sufficiently sensitised to that refugees deserve, at minimum, the structs the free passage of any street.” the international obligations so as to mini- same standards of treatment enjoyed by These asylum seekers were said to be pro- mise the risk that legitimate asylum seekers other foreign nationals in a given country testing, their collective aims arguably being are not subjected to arbitrary detention and and, in many cases, the same treatment as to seek resettlement in the United States of other breaches of fundamental rights under nationals. America, wherein their status, as a class of the Constitution. persons, would have a greater effect and The implementation of these instruments support. The asylum seekers on December 20th, 2017 spell the difference between re- sought to leave a country that many hoped establishment of one’s life in a new country In Trinidad and Tobago, there is no legisla- they could call home. For other asylum seek- and suffering in limbo with a high level of tive framework treating with refugees and ers, Trinidad and Tobago is the only option, vulnerability. While the numbers of refugees asylum seekers, nor any procedure to en- to which this deficient method of supporting turning to the Caribbean are undoubtedly sure their safety and protection with a view them must improve. Their desperation can- far less than the millions collectively leaving of permanency or citizenship. The result is not be ignored, while we as a country can- states such as Syria and Myanmar, it is no that they are accepted as a refugee, but not deny their contribution to our society less significant that persons entering the cannot legally work or benefit from the and culture, and realise that, as a nation of country who fall into this category State. migrants suffering a brain-drain, that we do (distinction to be made from an illegal mi- have room for some more. grant) should be able to realise their rights and protections afforded in international law.

Trinidad and Tobago, as a signatory to both the Refugee Convention and its 1967 Proto- col from November 10th, 2010 has not en- sured that its legislation reflects these re- quirements. Nevertheless, the Living Water Community, as a body recognised by the Government, has works alongside the Unit- ed Nations High Commissioner for Refugees Photo Credit: Law.com

T H E G A V E L P A G E 6

To Be Criminal Means To Be Less Human?

By Kalesh Loakman

When a person commits an offence, the prominent societal sentiment becomes one of distaste towards such the offender. It is not difficult to rationalize why. Criminal acts perpetrated by one person against another deprives the victim therein of his human rights, whether it be his personal liberty, property or even his life. As such, the belief in society is that anyone who is alleged to have committed an offence should be put behind bars, no matter how heinous the act.

However, the reality exists that whether a person is subjected to imprisonment for a is few months or years at a time, they are usu- no intimation that prisoners should be to light in a July 10, 2017 Guyana Chronicle ally exposed to deplorable living conditions, housed in facilities with immaculate condi- report on the incident, this was an expres- all in an effort to ensure justice is served. In a tions, at the very least it should be fit for sion of unacceptance that in excess of 1000 society like ours where deterrence is the human habitation. inmates had to share a facility initially built to focal point of custodial sentencing, one is left house 600 persons. It seemed as though the to question how much justice is actually be- Madam Justice Gobin in the 2008 High Court prisoners had preferred to induce their own ing done when an erring member of society case of Collin Edghill described the Port-of- deaths than to suffer deplorable conditions is subject to neglect and ill-treatment that Spain Prison as a “hell-hole” where inmates any longer. This situation becomes even the prison system engenders. Is allowing are deprived of proper ventilation, light, more troubling where many accused have to deplorable conditions to subsist part of sanitation and food. Similarly, Attorney-at- endure inhumane prison conditions whilst on achieving the ‘deterrence’ objective of im- Law and former Inspector of Prisons, Daniel remand. prisonment? Where should the line be drawn Khan, in a 2013 interview with the Trinidad to separate what is punishment from what is and Tobago Guardian newspaper stated that The constitution, the supreme law of the human indignity? even the victim of the most gruesome crimes various Caribbean jurisdictions vested human exposed to current existing prison conditions rights in its citizens. Except where a person’s A publication by The Economist dated March would not agree that the accused should be personal liberty may be restrained to wit 10, 2016 indicates that 15 of the 50 coun- subjected to such conditions. through imprisonment, these rights are avail- tries with the highest incarceration rates in able to everyone. This does not exempt the world are found in the English-speaking This sentiment is not only unique to Trinidad those imprisoned for their committed Caribbean. Adjectives which were seen as and Tobago. We are now in 2018 and not crimes. At all other times, an individual’s apt to describe the prison facilities included, much else has changed. freedom should not be unjustifiably taken but were not limited to ‘dirty’, ‘smelly’ and away or impinged upon. ‘plagued with flies’, where the inmates were On July 9th of last year, Guyana’s largest pris- still relieving themselves in pails. While there on facility, the Camp Street Prison, was set The mental trauma is perhaps worse for an ablaze by the prison inmates. As was brought accused who is subsequently acquitted.

February 1st was World Hijab Day!

T H E G A V E L VOLUME 10 ISSUE 3 P A G E 7 Essay Writing Competition: “Why I Chose to Study Law”

By Christine St Marie. But what really did it for me (made me fall lawyers hold so much responsibility and in love with law that is) is the inspiration power in their hands. How they perform at It’s not just about the money. It’s not that I got from the “good lawyers”. For court or the advice given to a client can about the “glitter”. It is not even just about instance, I remember feeling so empow- determine that client’s future! being a lawyer. But it has everything to do ered as a young woman, watching how a with helping people, those who cannot particular lawyer in Dominica, commanded The respect that some earn, not just within help themselves, cannot speak for them- respect in the court. It’s like she knew the the justice system but within their commu- selves…I would like to be that VOICE. A laws/procedures like the back of her hand. nities, and beyond…I would definitely like VOICE and an avenue for seeking justice for to be “that lawyer” someday. But my main the marginalised, those who are abused, aim, is to help people. Be that voice, that whose rights are trampled upon…an advo- gateway to provide solutions for the pow- cate, particularly for women and children. erless.

A Human Rights Attorney…that’s my aim. It I would also like to use my journalistic skills all began with journalism. That’s what I to do some advocacy, not only to speak on have practised for over 16 years. They say, behalf of others but also to educate the “once a journalist, always a journalist”, and general public about their constitutional so I still consider myself one, even as I ven- rights. And so, as I end, I leave you with a ture into the legal arena. I am thinking that quote by Pope Paul VI, that I have made one day I may have “the best of both one of the philosophies in life: “If you want worlds” and intertwine the two; after all, peace, work for justice.” they are quite similar-the interviewing, research, writing… So yes, as a journalist, This essay was selected as the winning essay in the Gavel Editorial Committee’s I had the privilege of covering the courts a Essay Writing Competition. lot; actually, at one point, that was all I did. I had my own court segment on TV…I had fans too! So, I would cover court from 9 AM until about 1PM and I would return to work and write, present and video edit my own court segment.

Through it all, I became familiar with court I watched also how lawyers in St. Lucia (I procedures, even to the point I would covered the courts there too) used their know what the judges were going to say skills and turned the court into a stage, and next during their summations! I could even made the jury their audience and they predict the outcome of cases…correctly became “Shakespeare”-and they won their too! I became very “involved” and passion- cases! The power of persuasion! So, I be- ate, as I sat through trials and report on came inspired and fell in love with law! them. I kept thinking, “I would like to do that some day!” I came to realise, as journalist,

WE ARE SOCIAL!

Follow us using the following handles: Are you PASSIONATE about the law?

TWITTER @hughwooding Are there issues at home/ in the region / INSTAGRAM @hughwooding internationally that you believe need FACEBOOK @HughWoodingLawSchool to be addressed?

WE WANT TO SEE YOUR WORK! Write to us at: [email protected]

T H E G A V E L P A G E 8 13th Annual Hamel Smith Appellate Moot Court Competition

tions to show that there was much more By Deshon Griffith that Parliament could do in order to protect women’s right to life through legislation. On the other hand she relied on the well-known Caribbean Court of Justice decision of Boyce and Joseph in support of the latter.

The Respondents in turn argued that Mr. Duma ought to be refused locus standi on two grounds. Abdul firstly contended that since Duma’s application concerned the right to life and he was not personally affect- ed he ought to be denied standing as he did not meet the requirements of section 14 of the Constitution of the Republic of Trinidad & Tobago. He secondly argued that, in the alter- native, allegations of domestic abuse and his The 13th Hamel Smith Appellate Moot Court recent dismissal from women’s advocacy Competition was keenly contested and cul- groups proved that Duma lacked legitimate minated in an epic final on February 23rd. interest in the matter and was thus a mere improve. busybody in accordance with Dumas. Adan- The team for the Appellant comprised first na then argued that the Appellant’s submis- year students Rondelle Keller (Senior Advo- They ultimately adjudged the Appellant sions were an affront to the Separation of cate), Shaunelle Hamilton (Junior Advocate) Team as the winners and Mrs Nicole Ferreira Powers doctrine as Parliament had inde- and I (Instructing Attorney). -Aaron, Managing Partner of M. Hamel- pendence in conducting its affairs. She also Smith and Co presented both teams with argued that the test for legitimate expecta- The Respondent team consisted of Abdul their prizes. The HWLS is grateful to the firm tion failed on the facts, citing in particular Mohammed (Senior Advocate) Adanna Jo- for continuing to support mooting at the Law the absence of a promise made to a specific seph-Wallace (Junior Advocate) and Ariel Ali School. Our sentiments about the competi- class of persons. (Instructing Attorney), a team of second tion can be accurately summarised by Ab- years. The moot problem tackled the topical dul’s words: The panel, comprising Honourable Justices scourge of gender-based violence and of Appeal Madame Judith Jones, Mr. Justice crimes including human trafficking and mur- “Responsibility, creativity, and humility, all Peter Rajkumar JA and President of the pan- der whilst exploring judicial review of non- key concepts I was allowed to hone by partic- el Mr. Justice Nolan Bereaux JA, commended Bill of rights constitutional provisions. ipating in the Hamel Smith Appellate Moot both teams on their advocacy and court Court Competition. The experience has been etiquette and gave us valuable tips onhow My team argued that the Appellant, Mr. one that I would recommend to any student to Duma, had standing to litigate the matter in the public’s interest given his expertise in advocating for women’s rights and experi- ence matters of national security. Rondelle supported this with the recent Privy Council decision of Attorney General v Dumas. On the merits, we submitted that a duty on Parliament to legislate to protect life was implicit in the right to life and that Parlia- ment breached a legitimate expectation on the part of its citizens to observe the terms of the Convention on the Elimination All Forms of Discrimination Against Women (CEDAW).

Shaunelle drew support from international L-R: Ariel Ali, Abdul Mohammed, Adanna Joseph-Wallace, Mrs. jurisprudence to persuade the court of the Nicole Ferreira, Rondelle Keller, Shaunelle Hamilton, former submission; referring also to the Deshorn Griffith CEDAW Committee’s concluding observa-

T H E G A V E L P A G E 9 International Year of the Reef

By Safiya Moore

This year (2018) has been declared as the third International Year of the Reef (IYOR). This was done at the 31st General Meeting of the International Coral Reef Initiative in Paris, France in November 2016.

Recently, the Prime Minister of Fiji and Presi- dent of the Bonn UN Climate Change Confer- ence COP23 Frank Bainimarama, in recogni- tion of the IYOR, reiterated that coral reefs are one of the most diverse and important ecosystems on Earth and implored countries to strengthen their efforts individually and collectively to protect them. Quite simply to eliminate the threat of these Commendation must be made of the efforts indiscriminate hunters, they must be hunted This article provides an analysis of the region’s of the EMA and IMA which have combined themselves and with greater frequency. As approach to the threat of the lionfish invasion forces in conjunction with the employment of such, it is suggested that equivalent provisions to the region’s coral reefs. provisions of the Marine Areas (Preservation in the relevant jurisdictions similar to section and Enhancement) Act Chap. 37:02 to desig- 96 of the EMA Act Chap. 35:05 in Trinidad and The declaration is of particular significance to nate the Buccoo Reef and adjacent areas Tobago may be employed. More specifically the Commonwealth Caribbean as coral reefs located in Tobago as a restricted environmen- the aforementioned provision allows for the are not only a main attraction for the tourism tally sensitive area. implementation of policies for the effective industry, but also provide sustenance via fish- management and wise use of the environ- eries, protection for coastlines, and are a However a discussion on the obligation and ment. Under the auspices of this provision, a source of medicine. As such, the declaration importance of protecting our reefs would be policy could be engineered to allow for incen- of IYOR provides an opportunity for introspec- incomplete if mention is not made of the tives to be given to fishermen to catch and tion within the region as it concerns the instant and overwhelming threat to coral sell lionfish. As a result the lionfish would be measures undertaken to protect reefs. reefs posed by the invasion of the lionfish. more widely available for consumption. Nota- bly, such a policy may also open an avenue for th Significantly, on the 20 of October 2017, the Laudably, the Caribbean Environmental Pro- export and diversifying the economies of government of Belize introduced landmark gramme (CEP), an offshoot of the Cartagena Commonwealth Caribbean States. legislation to establish a moratorium on off- Convention, has concluded a Regional Strategy shore oil activity in and around the Belize for the Control of Invasive Lionfish in the Wider Whatever course of action is taken, what is to Barrier Reef. Preceding Belize, Barbados, cog- Caribbean. In the respective countries, local be gleaned is that a more effective approach nizant of the importance of the marine envi- institutions such as the Institute of Marine must be taken. The declaration of 2018 as the ronment, established Marine Protected Areas Affairs in Trinidad and Tobago and the Coastal International Year of the Reef must act as a via the Designation of Restricted Areas Order Zone Management Unit in Barbados have held reminder of the important role reefs play to 1981 and the Marine Areas (Preservation and public awareness initiatives and organized the countries of the region and sharpen the Enhancement) (Barbados Marine Reserve) lionfish derbies to address the threat. These resolve to protect reefs vehemently. Time is Regulation 1981. efforts however must be juxtaposed against running out for coral reefs! the fact that lionfish (pterois miles and P. Fishing and other extractive uses (“no-take volitans) have no local predators and are in- zones”) are strictly prohibited in the marine discriminate hunters that hunt in groups; parks designated under those statutory in- reproduce at an alarming rate; and feed on struments. While, not too far away, Trinidad native fish populations with the capacity to and Tobago boasts of an impressive legislative reduce fish populations by an average of 79% framework surrounding the conservation and over a 5 week period. protection of the marine environment, inclu- sive but not limited to, the Environmental The juxtaposition of the methods being em- Management Act (EMA) Chap. 35:05; Institute ployed and the seriousness of the threat, of Marine Affairs (IMA) Act Chap. 37:01; Ma- reveals that the current measures being un- rine Areas (Preservation and Enhancement) dertaken, though commendable, are inade- Act Chap. 37:02. Those pieces of legislation, in quate. theory, seek to protect coral reefs.

T H E G A V E L P A G E 10 The Gavel’s Job Application Workshop

By Renee Atwell

The Audrey Fraser Lecture Theatre was buzzing with excitement as both first and second year students filled the audience, all eager to learn tips for job application. Even the Gavel Committee was taken aback with the outstanding turn out amongst the school population as our specially chosen panelists entered.

We had the privilege of having the Honoura- ble Justice Boodoosingh, Mrs. Nalini Persad- Salick and Ms. Kimberleigh Peterson as our competent and knowledgeable panellists.

Mrs. Nalini Persad-Salick, with her poise and elegance, started the conversation, as she enlightened the students about the signifi- cance of the cover letter. She emphasised that the cover letter is an applicant’s oppor- tunity to make an excellent first impression dents on the Curriculum Vitae (CV). She the CV should give a true sense of who the on the potential employer and highlighted firstly distinguished between a CV and a applicant really is. that it ought to contain NO errors. resume as she explained that the former is longer and more detailed than the latter, To conclude the workshop, the Honourable The pointers she gave about the cover letter describing the latter as approximately ‘one Justice Boodoosingh gave the students job included: page long’. interviews tips. He had the audience laugh- ing from start to finish as he gave practical  the title and position of the addressee The major sub-headings which she outlined and pertinent tips for the interviewee. He should be specific; should be included in a standard CV in- described the interview as an opportunity to  the addressee’s name should be cor- cludes: Contact Information, Education, highlight and show that you are the person Employment, Professional Qualifications and who should be employed. The first thing he rectly spelt (as misspelling a name is consid- ered an insult); Associations, Hobbies and Interests and emphasised was that you should actually lastly, References. show up for the interview and do so on time;  the letter should have a title and suggesting that if you are unable to make it, get to the point in shortest, clearest way Other important tips given by Ms. Peterson you should make sure to let the interviewer possible. included: proof reading your CV, addressing know. As the time went swiftly by, the Master of your CV to a specific addressee and ensuring Ceremonies, Jonathon Stevenson, intro- that the structure and format of your CV is Some other helpful tips he gave on job inter- duced J.D. Sellier and Company’s Attorney, consistent and easy to read. She said that views are: Kimberleigh Peterson to enlighten the stu-  ensure that you have a mock interview for preparation;  ensure that you have a copy of your CV and cover letter with you;  don’t sound too rehearsed as the inter- view is in essence, a conversation;  take a professional approach in your dress, speech and mannerisms;  have a personality and let it show; and lastly, thank the interviewer for the oppor- tunity to attend the interview. The Gavel Committee wishes to thank our esteemed panelists for their significant con- tributions and all students who attended the L-R: Mrs Nalini Persad-Salick, The Hon. Justice Ronnie Boodoosingh, Ms. Kimberleigh Peterson event.

T H E G A V E L VOLUME 10 ISSUE 3 P A G E 11 Courtroom Etiquette

By Christine St. Marie unstated- rules of conduct for attorneys. abide by them; for example, when a judge Etiquette is essential for making a good im- enters the courtroom stand and bow; do not As part of our programme at the Hugh pression, and this is especially true in the sit, until he does; the same has to be done Wooding Law School, Year I students were courtroom. During our legal studies we learn when he leaves the courtroom; when ad- required to do court visits. For some it was a about the professional requirements of our dressing the judge, say, “Your Lordships”; rather tedious and frustrating task while for field, but guess what, at the end of the day, it permission also has to be sought to do cer- others, it was an enjoyable experience, bear- depends on us. We have to make that con- tain things; our general comportment has to ing witness to the “courtroom drama” and certed effort to exude good conduct and be cordial and professional, at all times. possibly thinking, “That will be me pretty professionalism, not only in the courtroom Other basic tips: soon; but first I have to survive HWLS-sigh.” but also in other related settings. So, to help improve conduct in the court- -Always be on time-it shows respect for oth- For me, it was a learning experience as I was room, here are a few tips: er’s time able to observe the difference in the opera- -Turn off electronic devices and cell phones tions of the court system here as opposed to -Dress appropriately (business attire)-the before entering the courtroom. back home (Dominica). I also couldn’t help way we dress is part of the “image” we por- -Do not talk or go up to the officers of the but feel this “grandiose” sensation inside, tray and it says a lot about us, so we have to court during proceedings sitting at the Court of Appeal! But, I also be mindful of that and avoid wearing clothes -Do not be disruptive….be quiet and listen made several observations with regards to that will draw more attention to our attire attentively the comportment of some of my colleagues than what is being said. The dress code de- There are many more rules that we will be- which led me to write this piece. scribed in the HWLS student manual could be come familiar with-and expect to adhere to- used as a guide. when you actually enter into the legal profes- This is by no means a lecture on etiquette sion but in the meantime those I’ve alluded but just a reminder that as budding lawyers, -Conduct- we are expected to observe cour- to-once observed-should get one through a we are expected to show some level of deco- teous and orderly behavior; ensure that you day at the court. rum and be knowledgeable of the stated-and are familiar with all the rules of the court and

Her Excellency Paula-Mae Weekes flanked by her esteemed peers who graduated in the same year from the HWLS in 1982

T H E G A V E L P A G E 12 Sports Day! March 2, 2018

Sports Day 2018 under the theme of “Avengers” had students showing their colours with mascots of different superheroes!

The enthusiastic HWLS staff, in the Black Widow house, engaged their spirit of sportsmanship at tug of war and musical chairs! What is a lime without food? Students dish out barbeque while the games progress.

The overall winning house in formation!

The competition, while fierce, was full of entertainment! Cricketing caliber setting the stage as the first competition T H E G A V E L of the day! P A G E 13 VOLUME 10 ISSUE 3 OECS/Guyana Night: A Journey Down Di Islands to El Dorado March 10, 2018

Student, Jodie Luke representing Dominica and the chairperson of the night! HWLS Captured

From Above Guyanese students represented their nation in song, story and tradition.

The compound of the Hugh Wooding Law School seen from an altitude of 120 metres. Credit: Arun Baboolal

T H E G A V E L P A G E 14

Domestic Violence Week Hailed a Success! “… Speak out we must, fight on we shall” - Alana Jameson

By Christine St Marie

Solidarity was at its best during the second annual Domestic Violence Week, held from February 26 to March 2, 2017.

Domestic Violence Week, an initiative by Fami- ly Law Practice and Procedure Tutor, Alana Jameson, began with a moment of silence before the commencement of classes on Mon- day February 26, in observance of those who lost their lives as a result of domestic violence.

The awareness campaign continued through Tuesday and Wednesday. On Wednesday, it was a sea of purple at the Hugh Wooding Law School (HWLS). Students and staff were Mrs Alana Jameson and Students of the Domestic Violence Committee attired in purple blouses, ties, shirts…one stu- dent even had a purple bag! That evening, the The gavel spoke with Mrs. Jameson about her pressing commitments with assignments, to Lecture Theatre came alive with the display of initiative. She said although the Domestic Vio- participate in our venture. I commend them for talent through song, dance, spoken word and lence Week only formally began last year, for this,” said Mrs. Jameson. skit by HWLS students. There was also a the past four years, she has engaged students presentation on Child Sexual Abuse by Dr. in various projects on this societal scourge Mrs. Jameson also thanked the Principal, Miri- Karen Moore, a Clinical Child Psychologist with such as video and photo competitions. She am Samaru, for allowing this initiative to come over 20 years' experience, who works with added that she conceptualized the idea, fol- to fruition and her colleagues for their sup- children, adolescents and their families. lowing some training at the Nova Southeast- port. In terms of change and improvement, ern Law School in Florida, where she learned James stated that she would love to see our The overwhelming support for this initiative about the “Learning by Doing” method. Domestic Violence Acts be amended for posi- became even more evident, when students tive change. came out in large numbers for the Domestic “Our students could have just as easily heard Violence Walk on Friday, March 2, 2017. me talk about their respective Domestic Vio- “For example, the Trinidad and Tobago Act lence Acts, but I learnt that if they actively speaks nothing of social media stalking or Students were chanting “Stop what? Stop the participate and interact with the material, it intimidation. That is a must for life in the violence!”, “Save our women!” “Save our chil- has a more lasting impact,” Jameson ex- 21st century. All of the Acts can improve on dren”, “a punching bag is a body bag” as they plained. the fines that are imposed or the custodial circled the block around HWLS, temporarily sentences that are recommended,” she said. causing a “go-slow” for traffic traversing along But organising the event was no easy task, that route…motorists having no choice but to according to Jameson. “It is hectic…the most Mrs. Jameson added, “At the end of the day, sit in their vehicles and witness the momen- difficult part is getting funding. For whatever the true change comes with the inner convic- tous occasion. reason, although this topic is very relevant and tion of men and women. There will therefore troubling, the outpouring of finances just is not be need for comprehensive socio-economic, there,” she said. financial, mental health support, and spiritual intervention all at the primary school level, to She expressed her gratitude to Nagico Insur- start to effect change. I do not see that hap- ances Trinidad Limited for their immediate pening any time soon, but speak out we must response and generosity. and fight on we shall.”

“They thought it was for a worthy cause, and “It is truly tragic that so many take advantage jumped right in. The other major sponsors of so many. It hurts me and troubles me deep- were sadly, my family. One of our students, ly,” Mrs. Jameson lamented by with a glimmer Ambekah Yankeran-Seepersad went out of her of hope, added, “Right now, it is my prayer way to solicit donations on our behalf. I really that this initiative is a seed planting exercise admired her initiative and investment in our where in 20 years, some of our students who little project. Many students came forward and will sit in seats of power can move to make in little ways took the time, notwithstanding positive changes in the lives of the citizens of our beloved Caribbean countries.”

T H E G A V E L VOLUME 10 ISSUE 3 P A G E 15 A Journey Down Di Islands to El Dorado

By Chevy Devonish and Kalesh Loakman

The diverse crowd were brought to their feet during the night’s proceedings! This year, the planning committees of the annual ‘Guyana Night’ and ‘OECS Night’ teamed up to display their countries’ culture on one night. Creatively themed ‘Journey Down Di Islands to El Dorado’, patrons were treated to glimpses of the diverse splendor that characterizes Caribbean culture.

The event which was held on Saturday March 10, was themed ‘Journey Down Di Islands to El Dorado’. The audience was treated to glimpses of the diverse splendor that characterises Caribbean culture.

The presentation took the form of a skit which chronicled the journey of a young woman, Jasmine, down the OECS islands, before she anchored in El Dorado (Guyana). The narrative touched on Jasmine’s time in Antigua and Barbuda, where she bore wit- ness to its remarkable beaches, and breath- where she was perplexed, yet completely taking coves and reefs. Those experiences, taken in by island’s Nine Mornings celebra- coupled with the allure presented by tions, which is as popular to its inhabitants as Wadadli Day, and Carnival celebrations, Christmas is to the rest of the world. Hot tea tempted her to stay, but it was not to be. is drunk, dry bread is eaten, calypso is sung, and bawling is taken to a new, hilarious ex- Jasmine was pulled to Dominica just in time treme, in this friendly yet competitive festivi- for Creole Month, and the Creole Music ty which spans nine mornings leading up to Festival. Jasmine also dived without hesita- Christmas. tion into the island’s lush expanse of flora and fauna, thereby witnessing first-hand the But after Christmas, Jasmine’s curiosity reason it is considered the nature island of about Spicemas, oil down, and cool after- the Caribbean. noons at the Grande Anse beach took her to Grenada, where she spent some time before Eggballs made by Kalesh Loakman Jasmine, who descends from the first people once more being driven to continue her of the Caribbean, was excited to learn about journey. Realising how much there was to experience, Dominica’s Kalinago people, but even these Jasmine remained in El Dorado. Indeed, this things could not stop her from continuing With surrounding ocean waters permanently is the fate of all those who come in search of her journey. She was also treated to a poem stained brown by the outflow of its massive the lost city. That last episode brought the about the nation’s resilience in the after- rivers, Guyana was unlike any Caribbean curtains down on the cultural aspect of the math of Hurricane Maria. destination Jasmine had ever visited. night’s festivities. Perched on the North Eastern shoulder of The powerful Caribbean breeze blew Jas- South America, and the only English Speak- The night was not complete without a dis- mine to the Helen of the West, St. Lucia, ing on the continent, Guyana had much to play and sampling 3of the various Caribbean where the sight of the Pitons, and the Sou- offer. An LCD screen in the airport intro- dishes prepared by students. Members of friere volcano became etched in her mind in duced Jasmine to the country’s sprawling audience proceeded to the lobby to sample the same way they are etched in the soul of hinterland region, Mount Roraima, and the the cook-up, roti and curry, eggballs, channa, the island’s people. Jasmine was also capti- gem that is the Kaieteur Falls. puri, and pepperpot, from Guyana, and the vated by the patois spoken by St. Lucians, banana bread from St. Vincent and the Gren- which she learned is the result of the islands She was also thrilled by folk tales about how adines, bake and saltfish from St. Lucia, and French/ English colonial history. the Kaieteur Falls, and about Makanaima, a fish broth from Dominica. God worshiped by the Patamona people, The event culminated in a dance party until But, the wind kept blowing, this time taking one of the several Amerindian tribes that call midnight. Jasmine to St. Vincent and the Grenadines Guyana their home.

T H E G A V E L P A G E 16

To Post or Not To Post?

By Colin Denoon given the prevailing circumstances, it However, given the uncertainty surrounding was reasonably practicable for him/her This is the question that social media users the ought to know limb of the Wishart test, his to so do”. must now consider after the judgment given Lordship expounded a more pellucid and re- by Mr. Justice Seepersad in the recent case of fined adaptation of the test. Namely, a social The defendant therefore failed to establish Various Claimants v Burke. Everyone remem- media user would be held liable for defamato- her defence that the defamatory statements bers the tort of defamation to which we were ry posts where: were posted by her children. His Lordship all introduced in Torts I, while pursing our stated that in an appropriate case a person Bachelor of Laws.  “The owner of the account posted the who “shared” a defamatory post would also defamatory information himself/ be held liable. By way of a refresher, defamation can either herself. be in the form of slander or libel. For a state- ment to be defamatory, it must refer to the  The owner of the account, expressly person who alleges to have been defamed and authorised and/or enabled third par- it must have been published to a third party. ties, without the imposition of re- strictions, to use the account and the Seepersad J had to determine whether a se- evidence adduced establishes a course ries of posts published to the defendant’s of dealing which can give rise to the Facebook profile containing libellous accusa- reasonable inference that the owner tions against the claimants amounted to defa- intended to take responsibility for the mation. His Lordship considered the common posts effected by such third parties. law test used by the New Zealand Court of Appeal in Wishart v Murray [2013] NZHC 540  The defamatory information was post- which stated that social media users would be ed by an anonymous person or by per- held liable for their posts made by anonymous sons who acted outside the scope of users in two circumstances. any authorisation given by the owner Due to the global reach of social media, the of the account as it relates to its use damage and injury to a person’s reputation Firstly, where they know about the defamato- and the owner of the account, when will be far more detrimental when defamatory ry posts and fail to take it down within a rea- made aware of the defamatory con- material is published about them. It is for this sonable time and secondly, where they do not tent, failed to have the content re- reason that social media accounts should be know about the posts but in the circumstanc- moved, edited or deleted, as soon as, guarded jealously or else persons will have to es, ought to know that the posts are being on the application of an objective test pay for their posts! made and that they are defamatory.

Lex Caribbean Client Interviewing Competition

On Friday 26 January, 2018, the Hugh Wooding Law School participated at the annual Lex Caribbean Client interviewing competition. This year, the competition was held at Eugene Dupuch Law School.

Unfortunately for us, the hosts emerged winners of the competition. Congratulations are in order for the Eugene Dupuch Law School on this year’s victory.

To our representatives for this year, thank you for putting upa valiant effort at this year’s competition.

From L-R: Mr Jason Nathu, Ms. Suzette Richardson, Mr. Johnathan Khan, Ms. Casiana Sankar and Ms. Hazel Thompson-Ahye

T H E G A V E L VOLUME 10 ISSUE 3 P A G E 17 My Carnival Experience

By Zuriel Francique meeting your band around 10 am and it’s a party until 7pm. The music and energy was so Growing up in Grenada I always heard infectious, that it was impossible for me not astounding stories of Trinidad and Tobago’s to fall prey to it. On Tuesday, the vibes contin- carnival. I remembered my first time looking ued. I met our band about 7am, had breakfast at the parade on television, masqueraders and got ready for day of pure fascination. adorned in beautiful costumes, dancing to the lyrics of ‘It’s Carnival’ by Destra and thinking My highlight on both days was crossing the to myself, “I want to do that one day!” Lucki- stage at the Savannah and the Soca Dome. It ly, in my two years at HWLS, I was able to do is one of the euphoric feelings I have had to just that. However, when the Gavel asked me date. There is the process of getting into your to write this article, I was a bit hesitant. I had sections, the human shield that is created to internal conflict whether my words would prevent another section from going onto the truly do justice to such an amazing experience stage before it is their turn and then when but here goes! you are released, the atmosphere was inde- scribable for me; I had to pause and take it in One thing I have learnt, is that PREPARATION for a moment. is key. You need to prepare, for what is dubbed as the “Greatest show on the earth”, One of the benefits of this season is the op- financially, physically and academically. My portunity to meet new people. It is a unique first step was deciding what I wanted my networking platform. I was able to make experience to be like. Did I want to attend friends with businesspersons, architects, fetes only? Did I want to join the parade? If chefs, a lot more attorneys and even the Di- so, what band? These questions allowed me rector of Public Prosecutions for Bermuda. to know how much I had to budget. The season allowed me to experience to a This also determined how I would have to more pluralistic society and appreciate a wid- maneuver with school and assignments. chosen. er range of art forms. It is a really big produc- Therefore, I had to work twice as hard to tion and it is something that I think everyone advance my work in order to stay abreast My season kicked off with a cooler fete called should experience. once the partying commenced. An assign- U-WE SPLASH; cheapest yet safe event I think ment is usually due the Monday following the you will encounter for the season. For the 2 As I prepare to return to Grenada, the experi- season so ‘BEWARE’. years I have been here, we have used this ence is one that cannot be forgotten, and the event as our seminar group carnival experi- attraction to return is difficult to resist. Some tickets are more difficult to obtain than ence. It gave us a rare opportunity to party as others. To obtain most of them you need to a class and bond outside the walls of HWLS. know a Committee member and others you can easily purchase online or at a ticket out- Other fetes I attended were Tuesday on the let. Do your research for the fetes you have rocks with Kes, ‘TRIBE Ignite’, Caesars Army – ‘A.M. BUSH’, DJ Private Ryan – ‘Soca Brain- wash’ and ‘Vale Vibe.’ Despite the fact that they were all ‘epic’ the last two were my feting highlights for the season.

There are many other great fetes. I think the better ones to attend are the all-inclusive and cooler fetes. However, fetes here, in general, are much more expensive than the prices we non-nationals are accustomed to. Again, do your research.

Carnival Monday and Tuesday I played with TRIBE. Although I did not participate in the J’ouvert, Carnival Monday was really enjoya- ble and I think I preferred Monday as com- pared to Tuesday. It usually starts with

T H E G A V E L P A G E 18

Uprising of the Drones

By Arun Baboolal between a drone and a commercial aircraft can result in rendering the aircraft disabled if Drones have allowed us to see this ever- the aircraft operates on a single engine re- changing world from a different perspective. sulting in a catastrophe, or costing the air- But what really is a drone? A drone is an craft operator millions of dollars in damages unmanned aircraft without a pilot onboard. due to such a collision. The most popular type used is the quadcop- ter which is an aircraft propelled by four The UAS Regulations prohibit a drone opera- rotors. tor from flying within two kilometres of an airport and one kilometre of a helipad. Fur- Drones are a ground-breaking technology thermore, the CAA provides a list of no-fly with lots of potential. They allow us to go areas throughout Trinidad & Tobago. The places which are inaccessible to man, or that flight of aircraft in these areas is prohibited. are risky to go. For instance, they reach dis- Drone operators vary with regards to age, tances greater than four kilometres and can skill and experience. As such, there may be climb to altitudes above one hundred and There are three major concerns about the the occurrence of a collision with objects or twenty-three metres, while allowing the operation of drones, namely privacy, collision humans. The UAS Regulations prevent the operator to capture photographs and videos. with aircraft, and the safety of persons within operation of a drone over persons unless the Perhaps even your favourite movie, televi- the drone’s operation. individual consents or that individual is given sion series or music video was shot partly or reasonable notice that the aircraft is being in whole by a drone! With regards to privacy, the UAS Regulations operated in the vicinity and is under a cov- state that permission must be sought to fly ered structure that would provide reasona- Drones have provided governmental authori- over property whether public or private. The ble protection, in the event that the aircraft ties, agencies and other organisations with UAS Regulations are noticeably silent with were to lose control. the capabilities to view, assess and monitor regards to photography without the consent locations, whether it be for disasters, crime of the property owner. This issue is of great Failure to comply with the UAS Regulations or general observations. But, as the saying concern since a drone may be flying over a results in the suspension or revocation of the goes, with great power comes great respon- property with the consent of the owner but owner’s licence. Therefore, any further oper- sibility. Drone owners are to observe certain would have the capabilities to capture photo- ation of the drone would be illegal. guidelines and regulations while operating graphs of other properties without consent their aircraft, given their wide capabilities. of the owner, resulting in a breach of privacy. Drones are ground-breaking pieces of tech- Let’s take a look at some of these guidelines The UAS Regulations therefore need to be nology that would evolve aviation and oppor- and regulations in Trinidad and Tobago. amended in this regard. tunities for various sectors. While the current UAS Regulations seek to provide much need- The Trinidad and Tobago Civil Aviation Au- Globally, there have been many instances of ed rules as to the operation of drones, there thority (CAA) has created the Unmanned actual or near collisions between drones and is the need for more amendments to the Aircraft Systems Regulations of 2016 (UAS commercial aircrafts. Often times these oc- existing regulations, especially with regards Regulations), to provide regulations for the cur during the critical phases of a flight, that to privacy concerns. use of drones. Some of these regulations as is, during take-off and landing. A collision well as their shortcomings will be discussed.

All drone operators must obtain a Certificate of Registration obtained from the CAA. There are different categories or use namely com- mercial, recreation, scientific or experi- mental.  An operator can only register the drone under one of those categories. Furthermore, commercial drone operators are required to obtain an unmanned aircraft operator’s cer- tificate.  All applicants must be a Caricom nation- al, a resident of Trinidad & Tobago or a body incorporated within a member state of Caricom.

T H E G A V E L VOLUME 10 ISSUE 3 P A G E 19

Beware of the Nuclear Option: A Lesson to Budding Attorneys-at-law

By Deshon Griffith included a Fixed Date Claim Form (‘FDCF’) and precedents. It further discourages disregarding an affidavit. The statement of case however the rules and guidance altogether which, as Understanding every rule examined in the Civil failed to properly establish a claim against the Agard exemplifies, could lead to career- Procedure and Practice 1 course (‘CPP1’) is defendants, the General Secretary and Chair- hampering embarrassment and unnecessary crucial to the aspiring civil practitioner’s ca- man of the party, in a representative capacity cost to clients. reer. The recent judgement of Maria Agard v since no order was made under CPR 21 ap- Mia Mottley and Jerome Walcott No. CV1753 of pointing them as representative parties. The Amended FDCF 2015 (Supreme Court of Barbados, date of deci- claimant also breached CPR 8 by: (1) failing to Notably the Claimant purported to file an sion 29 December 2017) exemplifies this. There state the capacity in which the defendants amended FDCF without the court’s permission multiple significant breaches of the Barbados were being sued in the body of the claim form; under CPR 20.1(1) pending the Defendants’ Supreme Court (Civil Procedure) Rules 2008 (2) failing to set out a short description of the application to strike. Alleyne J also struck out (‘CPR’) resulted in the claimant’s statement of nature of the claim; (3) using deficient and the amended FDCF since the original was the case being struck out under CPR 26.3. unclear paragraphs in the section captioned subject of the application. Such conduct, in the Statement of Claim; (4) using inappropriate words of Mantagal J in Index Communication While the power to strike out was described by headings that are apt to confuse; (5) using the Networks Limited v Capital Solutions Limited et Lord Mance in Real Time Systems Ltd v Renraw incorrect claim form; and (6) improperly using al HCV 739 of 2011 (Jamaica Supreme Court, Investments Ltd (Trinidad and Tobago) et al an affidavit. Alleyne J thus granted the Defend- date of decision 3 May 2012), was an affront to [2014] UKPC 6 as a ‘nuclear option’, Alleyne J ants’ application to have the FDCF and affidavit natural justice and the Constitutional right to a exercised the option in Agard. The claimant’s struck out. fair hearing. statement of case disclosed no reasonable grounds for bringing the action and breached These fundamental defects elucidate the em- Conclusion Part 8 so pathologically that curative measures phasis placed on making CPP1 students justify Agard indeed brings practical relevance to would do no justice. even minutiae in their drafts with reference to CPP1. This case demonstrates that as budding the CPR. This emphasis ensures that aspiring attorneys-at-law we need to master the CPR in FDCF and Affidavit civil practitioners have an in-depth under- order to secure justice on our clients’ behalf; The claimant’s statement of case concerning standing of the rationale behind every detail of this includes saving them unnecessary ex- her status as a member of a political party their practice and discourages rote learning of pense.

READERS CORNER: “LAWYERING IN THE FUTURE”

Nisha Mathura-Allahar nature to quicker , less costly and easier may be remote for us in our day to day prac- methods of delivery. Interestingly , Chapter 5 tice. But for those of us who were old enough A review of the book, “Tomorrow’s Lawyers by deals with alternative sourcing and multi to live through the creation of the internet, Richard Susskind, Second Edition, Oxford” sourcing of legal work, such as in- sourcing, laptop computers and mobile phones are all de- lawyering , relocating , sub-contracting too aware how quickly change can be effect- After reading this book it is clear that the and knowledge management sourcing to ed. For my own area Conveyancing and Regis- winds of change are amongst us in the legal name a few. All those new terms are ex- tration, there already exists e-conveyancing in profession. The author of this book posits in plained to show how they will affect pro- some developed countries and there is an the first few lines that, “the legal world would cessing legal work in the future. increasing use of automated documentation change more in the next 20 years than it has for the production of standard wills, leases in the past two centuries”. What will be the The law firm as we know it, with few partners and a host of conveyancing documents. reason for this change you might ask? The at the top, skimming off the cream from work obvious answer would be the advancements done by a cadre of junior associates is morph- The book is overall hopeful in tone and sug- made in technology in the areas of digitiza- ing into much smaller operations. A lot of the gests that all that is required in the future is a tion and artificial intelligence. While the less work done by junior associates can and will reorganising of our skills and training of law- obvious answer might be the “more for less be done in the future by computer programs yers for the future. Knowledge and prepara- challenge” (which is the pressure in lean and artificial intelligence, the checking of tion are always going to be important. Ex- times to deliver more cost effective legal contracts for risk comes to mind. Even advo- citing times for us are ahead. It’s your choice work) and our community/ citizen / clients’ cates will not be immune from these changes to be an early adapter or join the movement need for access to justice. as in the near future virtual courts and online later. But I’m always reminded of the saying: dispute resolution will change the way they the early bird catches the worm. So like the Chapter 3 deals with the commoditizing of practice. author, I am recommending this book to all legal work where it will evolve by reason of young and young at heart lawyers- the future necessity less of a handcrafted ‘bespoke’ We in the Caribbean tend to think that this is upon us.

T H E G A V E L P A G E 20

Surviving the Legal Aid Clinic

By Aaron Mahabir the grant of Letters of Administration as well on numerous occasions I spent over ten (10) as letters to be sent to persons equally enti- hours on it. The more time I spent on legal Every student who experienced the Legal tled. I drafted that application four times. aid, the less time I had for myself and my Aid Clinic at the Hugh Wooding Law School The first time I drafted the application and studies. will tell you that it was tough. For me, it was submitted it for Ms. Sylvester’s approval, more than simply tough. It was challenging when the document came back, it looked as Another challenge at the Legal Aid Clinic was and time-consuming but enriching. We all though it was covered in tomato sauce. maintaining my composure during inter- know that the Hugh Wooding Law School by There were a lot of red-ink scribbles all over views. I was conducting a General Interview itself, demands a lot – we always have as- the document. Thinking back on it now, I with a client for a divorce. She was battered signments to do, questions to prepare, and guess that is what happens when you slav- and mistreated. During the interview, the tons of readings. But undertaking the Legal ishly follow a precedent without tailoring it client broke down in tears. I, myself, almost Aid Clinic, the work became even more to your situation. Luckily for me, I redrafted broke down in tears when the client showed complex – we had to be meticulous with our and redrafted until Ms. Sylvester approved me pictures of her when she was beaten. I files and very detailed with the law. it. remember hearing a saying, “criminal law is not for persons with a weak stomach,” but I remember in our introductory class, Ms. Seeing red became a norm for me at the after seeing those pictures, I think the say- Margaret Seetal, Legal Secretary to Ms. Legal Aid Clinic. From legal opinions, letters, ing should extend to family law matters as Petronilla Sylvester, my legal aid tutor, came affidavits and applications, Ms. Sylvester well. and read the rules, conduct and rubric of abused the red-ink pen so much that I saw a the Legal Aid Clinic. While everyone was different shade of red – yes, she changed However, despite all the red-inks and the thinking that they could not “play-up with red-ink pens. It was corrections after correc- redrafting, and after all the long hours spent legal aid” and it was not “a walk in the tions and eventually I became sick of seeing at the Legal Aid Clinic, I survived. It was a park,” I was thinking, I could not play table the same document over and over and tough and challenging journey, especially tennis at school anymore given what legal started to dream of it. having to grapple with both the Clinic and aid required. Punctuality and keeping up my studies. Ultimately, it was an enriching with files (and clients) are a must, as well as The Legal Aid Clinic required time and Hugh experience since through it I learnt various turning to Ms. Sylvester’s gold guidance to, Wooding Law School also required time. lessons and developed new skills. I know it “assume nothing”. Determining how much time to spend on will only get more hectic once I step out into each was a challenge. The Legal Aid Clinic the world of practice, but after surviving the I was given four files: an estate file, a tort forced me to develop good time- Legal Aid Clinic, I think I am in a better posi- file, a divorce file and a family file. In the management practices. While the Legal Aid tion now, than I was at when I started the estate file, I had to draft an application for Clinic required a minimum of six (6) hours, Hugh Wooding Law School. A Problem Solving Attitude By Jonathan Stevenson makes a negative situation easier to deal with take much time and effort to implement. As I am approaching the end of the fifth and is adopting a problem-solving approach to it What makes a difference in quickly solving a possibly final year of my legal studies, I rather than one filled with complaining and problem is discipline and a willingness to do thought I would share with you what has car- blaming others. Believe me, it is much more just that – solve it. Implementing a solution is ried me through to the end. I hope that the productive to solve the problem than to com- perhaps the most difficult part to solving an following advice will help you as it has helped plain about it and have it remain on your issue, but I have learned that it is the most me. shoulders. rewarding and it builds character.

When the struggles come, and I am sure we We are all human and this may not necessarily The most crucial thing that you must possess can all relate to this, we feel nervous and we be your natural response to difficulty, but with to take you through your struggles is passion sometimes panic. I am no stranger to the feel- experience and practice, we can all develop a or more simply, a reason to push past them. ing of having my heart sinking to the floor. problem-solving attitude. You may have diffi- At least for me, I find passion in helping and However, I learned that the secret to address- culty finding solutions during those times, but I assisting others. The reason why I aim to be- ing a stressful situation is staying calm and found that it helps to ask friends and col- come a lawyer is that I find joy in solving other thinking “How do I solve this problem?” or leagues for advice. people’s problems and making their life a bit rather, “What can I do to make this better?” easier by taking them out of an otherwise After you have found the solution, the next detrimental situation. I’ve had some experi- I found that asking myself this question helped task you would be faced with is implementing ences over the past five years that have me to simplify problems that I was faced with the solution. Whereas some issues have sim- brought me down to my lowest, but I think and eliminate them. I realised that what ple solutions, others may not and therefore those moments helped me realise my passion. This is what continues to push me on.

T H E G A V E L VOLUME 10 ISSUE 3 P A G E 21 The Lighter Side

The Joke Corner Credit: thewordsearch.com Joke #1 One day in Conveyancing Law class, the professor asked one of his better students, "Now if you were to give someone an orange, how would you go about it?" The student replied, "Here's an orange." The professor was livid. "No! No! Think like a lawyer!" The student then recited, "Okay, I'd tell him, 'I hereby give and convey to you all and singular, my estate and interests, rights, claim, title, claim and advantages of and in, said orange, together with all its rind, juice, pulp, and seeds, and all rights and advantages with full power to bite, cut, freeze and otherwise eat, the same, or give the same away with and without the pulp, juice, rind and seeds, anything herein before or hereinafter or in any deed, or deeds, instruments of whatev- er nature or kind whatsoever to the contrary in anywise notwithstanding..."

Joke #2 The lawyer's son wanted to follow in his father's footsteps, so he went to law school and graduat- ed with honors. Then he went home to join his father's firm. At the end of his first day at work, he rushed into his father's office and said, "Father, father! In one day I broke the Smith case that you've been work- ing on for so long!” His father yelled, “You idiot! We’ve been living on the funding of that case for ten years!”

Credit: lawyersweekly.com.au

Law Memes

T H E G A V E L P A G E 22 Let LexisLibrary help you this Summer!

By Surihya Sabsook Case Overview – more often than not, we just Because we like to have something to show You’re almost there! Exam dates have been don’t have the time – most, if not all of us are for our hard work and skill, I implore you to set and we’re about to move on to the next familiar with case overview. We know it gives take the certification test (http:// level. First years will be going on to in-service us a brief of a case. But did you know that it www.lexislibrarycertification.co.uk/). training and second years are on to the ulti- also gives us up to date case law subsequent mate goal-graduation! to that judgment? You have one hour to answer 15 questions (but in all honestly, you only need about 20 Because I was unable to meet with everyone, Legislation minutes). and I know that LexisLibrary will be available The most I can say about this is that you can to you (some for a longer time than others), I find the local equivalent to UK legislation and But, if you need extra help and would like to have complied a list of tips that I hope will have that work to your advantage. Use the know more, you can contact me at any time assist in developing your research skills. Not case law that has been developed over the via e-mail: [email protected] or just for an A, but for life. course of however many years to help you via WhatsApp +1 868 306 4305. interpret that section you just can’t seem to Home Page understand. On that note, I would like to extend thanks Organise your bookshelf – Make West Indian and appreciation to the staff of the library of Rreports, Halsbury, or Rayden accessible by Commentary/Journals the Hugh Wooding Law School for sanctioning adding it to the bookshelf for easy access. We do not use these enough – but it is one of this initiative and for their continued sup- THE most helpful tools that you have at your port. And to you, the students, whom I have Glossary is your best friend – when in doubt, disposal. enjoyed interacting with, more than I can say. look it up. The glossary gives you a definition, keys cases etc. and it is a starting point for Interested in the Bitcoin boom? Read what LexisLibrary. The Future of Law. Since 1818. your research. the experts have to say on whether you should invest or not. Cases tab Connectors are your best tools – use ‘and’, ‘or’, ‘w/s’, ‘w/p’, and you can never go wrong. Too many results still? Narrow your results by using the options to the left side of the screen. It’s that easy. If in doubt, ‘search tips’ is right there at the bottom of the search terms box to help you out.

Add topics to search – it narrows down your search even more.

The CCJ Experience

By Aaron Mahabir Arguments were being reformulated and Caryn From then till the day of the moot, the midnight and I – more me than her- were being trained to It all began one Friday afternoon when Justice oil burnt non-stop. The fumes of the flames reply to questions using the three sentence rule. Ronnie Boodoosingh said the names “Aaron caused headaches, droopy eyes and daily doses While we were overwhelmed, Keisha was pa- Mahabir, Caryn Adams and Keisha Alleyne.” We of irritability. It could have been worse had it not tient and indefatigable. She relentlessly pushed were selected after a tough preliminary round been for the guidance of our coach Mr. Gregory us until the day of the moot. amongst our colleagues. Everyone was elated Delzin, and the knowledge and time of our lec- At last it was that day – with two to three hours and overjoyed until the moot fact pattern was turers, Justice Ronnie Boodoosingh, Mr. Roger of sleep; nerves, anxiety and tension passed revealed…it concerned issues of sovereignty of a Ramgoolam, Mr. Akhail Khan and Ms. Paula through our bodies like blood was being circulat- CARICOM Member State, trade and taxation, Pierre, all of whom bestowed on us, gems of ed. It got stronger as the hours and minutes and the right to expression and health. It was wisdom and experiences. went by, our moot was the last. very complex especially since the Caribbean Court of Justice (CCJ) in its Original Jurisdiction At last, it was the night before the Moot. Never does not adjudicate on human rights issues. in our lives had a day flew by as fast as that one. Continues on page 23

T H E G A V E L VOLUME 10 ISSUE 3 P A G E 23

Continued from page 22 allowed our colleagues for the other side to make theirs. It was during that time, Caryn told me she wanted to do the rebuttal. Her eyes were filled with determination so I could not say no. I never regretted that decision since when our turn came, she was powerful.

After the judges’ deliberation, we were filled with bliss as the judges deemed Hugh Wooding Law School (HWLS) winner of our round of the moot. Our preparation paid off and we were satisfied.

It was only during the award ceremony, this bliss was overridden by disbelief, which was later filled with joy and happiness – HWLS was announced second place in the moot competition. Though Norman Manley Law School was announced the winners, we did not feel as though we lost. Perhaps it was because we gave it our best, or per- haps it was because we were able to an- swer every question that was thrown to us, or perhaps it was because other mooters came up to us and asked us for advice on mooting, or perhaps it was because per- L-R: Caryn Adams, Aaron Mahabir, Keisha Alleyne sons of standing commented on how great our team was. From the morning until our moot, we were When I got up to the podium, everything sequestered in the judge’s library. Mr. Del- became clear. The anxiety, nerves and Whichever it was, we felt privileged to have zin would make random jokes such as, “all tension no longer existed. It felt as though been given the opportunity to represent we were missing was handcuffs and we no one was in the court besides us and the HWLS and we were enriched by the experi- would have been in jail,” just to ease our judges. We were told the judges were ence. anxieties. Once again, time flew by so fast. ‘menacing’ but when the moot began, it It was at this time, my arguments were didn’t feel like they were. Perhaps it was finalised and the only thing on my mind our preparation and familiarity with the The CCJ experience started off as a rough was whether I would remember all this material that blinded us from seeing it. zig-zagged road, but in the end, it led to a new information. beautiful sunset – a sunset which we will After we made our case, we sat back and always remember.

Continued from page 24 claims? and it has given me a lot of good feelings to Sir Dennis: Yes. It can be expensive, but in contribute to this process. One of our big CD: In light of the plethora of claims by the original jurisdiction, the court has es- dreams was to reduce the amount of paper CARICOM nationals that continue to be tablished a policy where it would usually we use as part of an effort to go green; that denied the free movement contemplated by not order individual litigants who lose their reduced our expenditure by over $100,000, the RTC and the 2007 Conference Decision, claims to pay costs to the responding state. below what it was in 2011. Doing this al- has the Shanique Myrie case had any real Secondly, we have made access to the lowed us to positively impact the environ- impact? court inexpensive and uncomplicated by ment, and the operational costs of our Sir Dennis: That’s a yes, but that is a matter implementing - e filing procedures, and the court. So, I have a feeling that we have for concern. Here we have established a use of case management systems. Persons done a lot. mechanism for addressing problems, and no longer have to spend much on printing, people have problems but don’t use it. To copying, or manually filing documents, or CD: What is next for you after you leave the that extent, there is room for improvement sending them by courier. These procedures CCJ? in the attitude and behaviour of our citi- have improved access to the CCJ. Sir Dennis: I have not started planning at all. zens in terms of claiming their rightful ben- Whereas we have achieved a lot, I think I efits in our society. CD: Has your time as the President of the can still contribute, so my entire energy court impacted you in any way? and focus is trying to make the last couple CD: Do you think that, perhaps, the cost of Sir Dennis: I had been looking forward to the of months count. litigation deters people from bringing development of the integration movement,

T H E G A V E L

THE GAVEL A PUBLICATION OF THE HUGH WOODING LAW SCHOOL

VOLUME 10 ISSUE 3 M A R C H 2 0 1 8

Sir Dennis Byron Wants More Countries To Sign On To CCJ

By Chevy Devonish

As he gets prepared to vacate his post later this year, President of the Caribbean Court of Justice (CCJ,) Sir Dennis Charles Byron shares with The Gavel’s Chevy Devonish various aspects of his tenure.

CD: What prompted you to apply for this post? Sir Dennis: While studying international law in England, I was reading up on human rights and became attached to the idea that for my human qualities to be on equal footing with the English, my country had to establish its own final appeal court. I always hoped that I would live to see such Credit: GuyanaChronicle.com a court in my lifetime. So, when the court was actually created it was almost inevita- judicial function. through use by our court, judges within ble that I would try to be part of it the region have been very slow to imple- CD: Do you think the CCJ is fulfilling its man- ment it in their respective Judiciaries. CD: What are two of the things you would date? like to accomplish before leaving office? Sir Dennis: Yes. For example, we dispose of CD: Only four CARICOM states have acced- Sir Dennis: One of the governance issues all appellate applications in a timely man- ed to the CCJ’s appellate jurisdiction. How for courts should be strategic planning, ner. We have identified areas of weak- do you feel about that? and we did that through a five-year plan nesses in the court processes, and we Sir Dennis: I never imagined that this is (2012-2017), and they have already start- have set an example as to what should be what would have happened. I’m quite ed on 2018-2023. Also, we have just com- a reasonable time for disposal by a court. distressed about this. Today there are only pleted a cycle of transformative projects, Forty percent (40%) of cases which come 12 countries in the world that still use the and we want to develop projects for com- before us are being disposed of to the Privy Council, and 8 of them are from the

pletion by July which concern improve- extent of judgments beingCredit: CaribbeanElections delivered with- Caribbean. ment of administrative direction in the in ninety (90) days of the cases being filed. registry, and better regulation of case CD: What do you think is the reason for the management conferences. CD: How has the CCJ been able to manage apprehension? its case load so efficiently? Sir Dennis: Apprehension does not seem to CD: What do you consider to be the role of Sir Dennis: E-filing and case management be an objective reason, but I don’t see the CCJ? systems support the role of our court, what they’re so scared about. Certainly Sir Dennis: Besides its roles in its appellate many of which were designed by us. That they can’t be worried about the quality of and original jurisdictions, I think the CCJ is what Advance Performance Exponents jurisprudence which the CCJ has to offer, has a duty to support the improvement, Inc. (“APEX”) is about. We established and they can’t be worried about the inde- and quality of the justice systems through- APEX to develop and deploy throughout pendence of our court and its impartiality. out the region… we do that by assisting in the region, in a non-commercial manner, I’m still searching. the development of improved systems of technology solutions aimed at improving justice delivery, improving the human justice delivery quality. capacity within the justice system, and we Continues on page 23 are particularly interested in the utilisation It has been very interesting, however, of modern technologies to support the despite the demonstrated benefits