The Montserrat Reporter May 25 2012

Page g 1 Today’s Scripture

Friday, May 25, 2012

www.themontserratreporter.com

If we confess our sins, he who is faithful and just will forgive us our sins and cleanse us from all unrighteousness.

- 1 John 1:9 (NRSV)

Cassell’s bail Vol. XXVII No. 12

Week Ending Friday, May 25, 2012

Price $2.00

by Bennette Roach Following a special sitting of the Court of Appeal when Chief Justice Sir Hugh Rawlins after having announced his retirement from that head position of the Eastern Caribbean Supreme Court heard and responded to members of the Montserrat bar bid farewell, he presided in his capacity with two other Appeal Court judges over the hearing on Application for Bail.

The hearing was postponed.

The application was filed

by Attorney Warren Cassell who was imprisoned for five years after being convicted on a single count of money laundering on an indictment which included 11 other charges of fraud.

There were two defendants, Warren Cassell and Cassell & Lewis in the case which was probably the longest in history of the High Court in Montserrat, ended with Cassell’s conviction on Feb. 15, 2012, on nine Counts “Procuring execution of valuable security by deception” sentenced to two (2) years imprisonment; to run currently with the conviction of one count of money laundering sentenced to five (5) years imprisonment. Cassell & Lewis was fined $125,000 for conspiracy to defraud.

Cassell filed an appeal against his conviction on main ground that the indictment was a nullity by virtue of the fact that 10 of the counts on the January 24, 2012 indictment were duplicitous; that the indictment upon which

Attorney Warren Cassell

application suspended

the Applicants on the 10th day of February, 2012 were arraigned, was never filed in the High court in accordance with section 118 (2) of the Criminal Procedure Code…

Also that, “on the face of the papers before the court, the conviction appears plainly wrong so that his appeal has every prospect of success,” offered by Attorney Leon Chaku Symister.

The bail hearing lasted two and a half hours while the Chief

Justice Rawlins and the other two appeal judges, Justices Ian Mitchell and Mario Michel enquired of Attorney Symister appearing for the Appellant and Oris Sullivan for the Respondent their arguments for and against the application.

In the end due to the lack of the needed supporting evidence through the unavailable transcript of the trial, the judges postponed the hearing. According to the court reporter/stenographer, she told the

judges it could take up to a month longer for the full transcript of the trial to be available.

The Appeal judges then ordered the transcript of that part of the trial surrounding the amended indictment, the subject of the claim by Symester as an important event in his bail application.

The full Order of the Court follows: “ 1. Court Reporter is hereby

cont’d. on page 3

More Headlines...

New museum’s opening...pg 2

Chief Justice Hugh Rawlins retires...pg 3

T&T to embrace CCJ...pg 4 Lavabits donates to MSS...pg 7 Kids’ Korner...pg 8 Local Weather & Your horoscopes...pg 11

Page 2

Friday, May 25, 2012

New museum highlights aspects of Montserrat’s past

by Cathy Buffonge

During their visit to Montserrat in March, the Earl and Duchess of Wessex, Queen Elizabeth’s last son and his wife, opened Montserrat’s new National Museum. The island had been without a museum for over fifteen (15) years owing to the volcanic crisis which began in July, 1995.

The previous museum, set up in a historic sugar

mill and run by the Montserrat National Trust, was located in the danger zone when Plymouth was evacuated due to the volcanic events which escalated in 1996. However, Trust volunteers assisted by several overseas and regional organizations, including the Museum Association of the Caribbean, salvaged many items.

The new museum has been built at Little Bay in the north, within reach of the planned new town beginning at Carr’s Bay corner, and close to the Little Bay playing field and the proposed tourist development and super yacht marina. Close by, a Volcano Interpretation Centre is planned.

The museum’s opening exhibition is named Crossing Stitches, a play on words which covers several aspects of the exhibits, including the cotton production and export during the first half of the 20th century. This exhibit features a series of enlarged historic photographs of cotton production from reaping and transporting (on head or donkey), to cleaning and shipping out to England to be spun and woven. There’s also a videotaped description by Abraham ‘Hammie’ White, of the process and conditions of cotton production in those days, as well as written information.

The sea island cotton produced in Montserrat was highly valued overseas, but like other colonies Montserrat was just a primary producer. Until more recent times all the ‘value added’ was done overseas, so that on low wages the workers in those days could never have afforded or even seen a garment made from it.

Crossing Stitches also applies to actual cross stitch and other embroidery stitches, the creation of Montserrat’s skilled needle workers of past years: ‘Creative stitches in cotton’. Here Montserrat’s needle workers are honoured for their skilled and imaginative embroidery work, something that has almost died out. Embroidered items, some dating back as far as the 1920’s, are on display, many of them produced by the pupils of Miss Carrie Dyer, and other skilled needle workers -- Ellen Sweeney, Manelva Greenaway and many others. Stitches include cross stitch, tatting, stem stitch, chain stitch, feather stitch, satin stitch, crochet, French knots and more.

In this area too, an eye-catching mural painting by Kelvin ‘Tabu’ Duberry covering an entire wall portrays the horrors of the slave trade in all its merciless brutality, with stylized, illustrated maps showing the triangular trade between England, Africa and the Caribbean (another kind of ‘crossing’).

In the other exhibition area are photographs and life histories of some ‘Heroes of the Cotton Generation’, who were crucial to Montserrat’s development in the 1940’s and 1950’s, trade unionists and politicians who made a difference: Robert ‘Marse Bob’ Griffith, William Bramble – Montserrat’s first Chief Minister -- and Ellen Peters, all of whom campaigned for the rights of the oppressed working people, better pay and working conditions, and eventually the vote.

Also on display in this area is the centre of the old capital Plymouth, now totally destroyed by the volcano. Replicas of the four buildings at the town centre, ‘Gran’ Stan’, are featured, with a description of their history, as well as replicas and descriptions of well-known, eccentric town ‘characters’ like Miss Gwen, Willie Brimm and Johnny Mac Brown, who helped to give the town its special quality. This exhibit brings back the atmosphere of the place for those who knew it, and a glimpse of the past for those who did not.

A tremendous amount of work,

thought and creativity has gone into this exhibition, and congratulations must go to the Museum Committee, whose dedicated members have laboured tirelessly to put their ideas together and set up the exhibits.

The Museum itself was built under the supervision of Government’s Project Implementation Unit, while the building was designed and built

by Alford Dyett and Associates.

Staffing the museum is now a major challenge for the Montserrat National Trust, with staff and volunteers now stretched to man both the museum and the Trust headquarters

in Salem, with its gift shop, botanic garden and photographic exhibition.

Volunteers are greatly appreciated, and the Trust is appealing for additional volunteers to assist with manning the museum.

For those who haven’t been yet, I highly recommend a visit to the museum, which is open from 10am to 2pm on weekdays. Weekend visits can also be arranged with the Trust by special request. It should be a must for school children: it’s very educational, and schools can contact the Trust to arrange the best times.

HOUSE RAFFLE

The public is asked to note that the House Rafϐle that was scheduled to be drawn on 2 January 2012 will now be drawn on Wednesday, 26 December 2012.

Your chances of winning will now be even better as several other prizes will be up for grabs including: * 1 42” Flat Screen TV * 1 Stove * 1 Microwave Get your tickets today - $100 for 2 or $60 for 1.

For more information contact the Montserrat Tourist Board on 491 2230 or email: info@montserrattourism.ms

Friday, May 25, 2012

Page g 3

TRIBUTES TO SIR HUGH A. RAWLINS OUTGOING CHIEF JUSTICE OF THE EASTERN CARIBBEAN COURT OF APPEAL A Special sitting to mark the retirement of his lordship Sir Hugh A. Rawlins, Chief Justice from the bench of the Court of Appeal of the Eastern Caribbean Supreme Court was held on Thursday, May 17, 2012 at the Supreme Court, Government Headquarters.

Government officials and members of the judiciary including the legal fraternity, the clergy, the media and well-wishers gathered for the Special Sitting in the embarrassingly tiny courtroom to bid farewell to the Nevisian born Sir Hugh A. Rawlins. Sitting at the bench for the occasion were the Honourable Chief Justice himself Sir Hugh Rawlins, Hon. Justice John Benjamin, Hon Justice Mario Michel and Hon. Justice Ian Mitchell.

In His Lordship the Hon. Justice John Benjamin’s opening remarks he expressed how pleased he was to be in Montserrat once again. He said after he heard the news of the retirement of Sir Rawlins it took him days to accept it,

but he was reassured by the fact that he knew Sir Rawlins having worked with him, that he doesn’t take decisions lightly.

Hon. Attorney General Mrs. Esco Henry in a tribute publicly expressed her gratitude on behalf of the government and people of Montserrat for the humane service Sir Rawlins provided to the Eastern Caribbean Supreme Court.

“My lord it is an open secret that you are very well respected by all legal fraternity within the OECS and the wider Caribbean region and I dare say international legal circles. Your dedication to the highest ideals of the practice of law and your commitment to excellence in all facets of service delivery within the administration of justice system is almost legionary, your honesty, your integrity, your diplomacy and courtesy are all hall marks of the most renounced holders of judicial office.”

She went to say, “What is however rare my lord is the humility which you seem to wear so

effortlessly and which is obviously an authentic part of your personality. It is striking and does not go unremarked especially because it does not diminish in any way…”

Miss. Kathyann Pyke, Director of Public Prosecution spoke extensively to Sir Rawlins in connection with his deep contribution towards the development of the law. Miss Pyke said: “…I can speak with great knowledge that before I even knew you is

the case of Morse and the Queen.

Your outline and discussion of the procedure and the substantive issues that a judge has to address when considering the imposition whether or not to impose the death penalty”.

Miss Pyke explained how she has read extensively about many judges. She proceeded to express how Sir Rawlins has contributed greatly to the development of jurisprudence throughout the

Commonwealth.

QC Kenneth Allen noted Sir Rawlins many achievements during his term in office, where two stood out to him. “Your work in helping the legal profession in this jurisdiction to grow stronger, more decent and more dignified and the sterling efforts you made to ensure that your courts and offices under your control are adequately and efficiently staffed at all times,” he said.

Attorney at law Hogarth Sergeant described Sir Rawlins as: “Impeccable and objective” in adjudicating the cases before him. Attorney Sergeant also spoke about the timing in which Sir Rawlins is leaving the law profession. “You are leaving us at an exciting time, we are hearing echoes around the region of OECS governments making plans to have referendums in their respec

cont’d. on page 5

Bail hearing suspended cont’d. from page 1 ordered to prepare the Transcript for 10th and 13th of February, 2012 as a matter of urgency and deliver it the Registrar.

2. Registrar shall immediately upon receipt of the Transcript notify Counsel for the Parties and also make a copy of the Indictment as may have been amended by the Trial Judge available to Counsel for the Parties.

3. Counsel for the Appellant shall file and serve an agreed bundle containing the Transcript for the relevant days and additionally the Bail Application, Affidavits, Submissions and a copy of the Indictment referred to in the Paragraph 2 of this Order as well as the Transcript of today’s proceedings.

4. Upon filing of the Bundle, the Registrar shall immediately

inform the Chief Registrar who shall set down the Bail Application for full Hearing at the earliest convenience of the Parties and the court.”

The Chief Justice had said that the hearing could take place at the next sitting of the Appeal Court whether in Grenada or in St. Lucia, offering the possibility of the matter being dealt with video conferencing.

Cassell meantime would wait for this hearing before knowing whether his application was successful which could also determine an outcome of his Appeal. The pleadings before the court also indicated that the grounds of appeal were incomplete as the Appellants were waiting for the said transcript for the trial which concluded just under three months ago.

Governor Davis is unaware of Prison inmates request to meet him and AG Inmates at Her Majesty’s Prison have claimed that they have requested an urgent meeting with the Hon. Attorney General and His Excellency the Governor to discuss several issues. The Governor has responded that his “unequivocable answer” to him having received the request is ‘No’. “They may have sent it, but I have not received it.”

The Hon. Attorney General, Esco Henry while not actually acknowledging receipt of the issues was aware of them,

but thought that the Governor may not have received them.

The Governor however said that he was aware of concerns about prisoners complaining about such things as the food being bland or not enough, but the prison visiting committee had reported that the “concerns had diminished.”

He said there was

also concerns about the lack of a transport vehicle, but that had been rectified by the FCO. The Montserrat Reporter was communicated a list of eleven (11) matters of concerns said to be among the issues the inmates wished to bring and discuss with the Governor.

The issues are as follows: 1. Food not varied as rules mandate 2. Behaviour of officers 3. Violation of Prison

SUMMONS IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX CLAUDIA MIGUELINA LEONARDO Case No.: SX-12-DI-0000015 CEPEDA GARCIA, Petitioner, vs.

ACTION FOR DIVORCE FRANKLYN ARISTIDES GARCIA, Respondent.

To: FRANKLYN ARISTIDES GARCIA - Defendant MONSTERRAT, WEST INDIES Within the time limited by law (see note below) you are hereby required to appear before this Court and answer to a complaint filed against you in this action and in case of your failure to appear or answer, judgment by default will be taken against you as demanded in the complaint, for Witness my hand and seal of this Court this 1st day of February, 2012.

Zenetia H. Velazquez, Esq. Clerk of the Court Law Offices of Eszart A. Wynter, Sr. P.C. #27 Estate Whim, P.O. Box 1847 Frederiksted, St. Croix, U.S.V.I. 00841-1847

Rules 4. Violations of freedom of expression (which includes the right to receive information) by not allowing us to watch certain channels like Court TV and ETV. 5. Fettering my right to appeal by not allowing me to type on a computer.

6. Denying conjugal visit which violates right to family as guaranteed in new constitution.

7. Refusing inmates use of telephone to maintain contact

with relatives.

8. Officers threatening inmates.

9. Big discrepancy between Montserrat prison and other dependant territory even though same prison rules.

10. Prison officers refusing to provide us with copy of the rules. It is given for a limited time and then taken away.

11. Procedure for bringing internal charges, a MAJOR VIOLATION of Administrative law.

TERRITORY OF MONTSERRAT HIGH COURT OF JUSTICE A.D. 2012 LEGAL NOTICE In the Estate JANE ANN ELIZABETH FENTON, deceased NOTICE is hereby given that after the expiration of fourteen (14) days from the date hereof Application will be made in the Registry of the High Court of Justice for Grant of Probate to the estate of JANE ANN ELIZABETH FENTON who died on the 19th March, 2012 be granted to HOGARTH SERGEANT Lawful Attorney for AUDREY ELAINE FREDERICK Executrix and Trustee named in the Will of the said JANE ANN EILZABETH FENTON. ALL persons claiming to be beneficially interested therein are requested forthwith to send particulars thereof to the undersigned.

FURTHER any person objecting to the issuance of Letters of Administration to the Applicant should notify the Registrar of the High Court, Brades, Montserrat not later than fourteen (14) days from the date of this notice.

Dated this 14th day of May, 2012 Hogarth Sergeant Solicitor for the Applicant

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Friday, May 25, 2012

Letters/Opinion

EDITORIAL Much depends on the decency of the managers and public servants

The Hon Premier Reuben Meade on Tuesday last week signed a new agreement to receive 10th European Development Funds (EDF) with Ambassador Valeriano Diaz, Head of Delegation of the European Union to Barbados and the Eastern Caribbean. These funds have been earmarked to support the government’s development goals, the Premier noted that the conditions of the agreement were similar to those which need to prevail in the UK Department for International Development (DFID).

Once again the question of capacity and mention of the efficiency or lack thereof within the public service, was a topic the Premier had to address again stressing as he reiterated that the attitudes and behaviour and standard of public servants must be lifted. He said it was paramount that for the support and grants Montserrat receives to be productive and meet the expectations in the Sustainable Development Plan.

Two days later Governor Davis was again challenged on the issue of the lethargy and the attitudes of the public servants towards the development of the island. He was questioned as to where he stood now that he had been here a year on his observation a year ago that things took a long time to be completed. His response suggested that he may well have regretted his statement, but before he went into a long repetition of how interested HMG was in Montserrat and St. Helena, he said that he has seen improvement on the issue. We hope that he doesn’t have to depend on the media to get feedback on his response.

For some time since we have been enquiring into the matter, it must be that the attention is bringing sight to how bad the matter has been.

We are not unaware of the setbacks and the shortcomings that exist as a result of problems experienced by just the heavy depopulation of Montserrat result of the crisis. But very much attention and money has been paid to the existence and the sustenance of the service.

It was pointed out at the EDF signing that a big chunk of the $56 million as well as other available funds will go to training and building capacity. That is nothing new, but the question is what has happened with all the investment. It is not hard then to understand the weak feeling of confidence that HMG and people seem to have that anything meaningful will come from the planning that is going on right now. WE should ask if the training should not or cannot be extended outside of the public service. There are some capacity building required out here as well. One area comes to mind. Training of board members throughout the entire spectrum of boards.

The public servants must be prepared to recant their utterances to their superiors and to the country and promise to have a different attitude towards themselves firstly. It cannot be that the Premier and the Governor and others think poorly of them, why they complain and report on their inefficiencies and the creation of a bad atmosphere for business. In fact, they always find time to speak well and continue to expect improvement.

The problem is that the rest of the country falter when they do.

The leadership also need to change their approach and understand that there are others who may well be more capable, those not necessarily in the public service, who may and are willing to complement well and improve in the areas they are weak. But they too must show that they are inclusive of all and not just a select few.

The public servants should always remember and take their roles seriously and that is what the public they serve ask and expect.

The time is not far away when it will no longer be business as usual.

The Montserrat Reporter Published by: Montserrat Printing & Publishing, Inc. - Editor: Bennette Roach Office: Davy Hill, Mailing Address: P.O. Box 306, Davy Hill, Montserrat, W.I. Typeset and Printed by Montserrat Printing & Publishing, Inc. - monp_p@candw.ms.

Tel. (664) 491-4715 Fax: (664) 491-2430 E-mail: editor@themontserratreporter.com or monrep@candw.ms - Web Site: http://www.themontserratreporter.com

T AKING

THE

Last week’s determination by the Caribbean Court of Justice to hear the case of a Jamaican woman, Shanique Myrie, against the Government of Barbados can serve to have the CCJ seen to be a meaningful institution in the lives of Caricom nationals.

Ms Myrie petitioned the CCJ to hear her claim that she was discriminated against by Barbados immigration authorities, as she was subjected to an unfair and degrading search of her private parts and subsequently denied her right to stay in Bar- bados for legal purposes.

The establishment of the CCJ in 2005 has been attended by controversy and uncertainty about its capability as a final court of appeal. Self-doubt about the ability of Carib-bean jurists to have the final say on matters and the comfort that large numbers of people in the region find in being under the jurisdiction of the British Privy Council have raised doubts.

Governments, people, institutions and the establishment of national legal frameworks to facilitate the move to the CCJ will eventually determine whether the CCJ is the final court of appeal for

CCJ

TO THE PEOPLE

all member states—or whether Caribbean people will continue to fall back on colonial institutions in the belief that others know better how the region should be governed.

However, in the meantime, the decision by the CCJ that it will sit in the Myrie case, in its original jurisdiction, as the court for the Single Market and Economy, is significant, because in doing so the court will be allowing an individual citizen to bring legal action against a state.

The decision is even more important because of the fact that it is a national of another country that is being allowed to challenge one of the most important aspects of state governance, that being the actions of the immigration authorities of Barbados against a Jamaican.

As a result of this decision, people in the region will realise they have not been left out of the CCJ’s jurisdiction and it is not merely states and corporate businesses that can contest against each other when they think they have been subjected to an abuse of state power.

In the battles of such vast and impersonal entities, the aver-

age citizen displays little interest.

Perhaps the exception is when insular considerations take centre stage and nationals of one Caricom country feel they and their country are being challenged or denied the privilege to assert sovereignty.

Further, the decision to hear the case of Ms Myrie is an indication that Caricom arrangements and institutions are alive, at least with respect to the legal infrastructure of the community.

This case is one of the right of the individual even against the “big, bad” state to have rights and, most crucially, to be able to pursue those rights in open court. Whatever the outcome, the case will surely bring the reality home to the people of the region that they have a mechanism which can be used to pursue their rights.

Win, lose or draw, Ms Myrie’s case will focus the attention of people on the CCJ; and maybe, just maybe, the people of the region in those states which have not recognised the CCJ as their final court of appeal will begin to understand that this regional institution is not a distant, abstract concept but has a personal significance for them.

T&T TO EMBRACE CCJ AS ITS FINAL COURT OF APPEAL...SET TO ABOLISH CRIMINAL APPEALS TO PRIVY COUNCIL

Government has taken a decision to table legislation for the abolition of appeals to the Privy Council in all criminal matters.

Prime Minister Kamla PersadBissessar made the disclosure today when she delivered her address in Parliament at Tower D, International Waterfront Complex in Port of Spain.

Following is the full address by Persad-Bissessar: "On August 31st 1962 our country threw off the shackles of colonialism and took its rightful place among the community of independent nations of the world.

Our then leaders who ushered

us into our independent status, in their wisdom, recognised that a number of the institutions which formed part of our national endeavour ought not to be erased with a stroke of a pen but be preserved even if transitionally.

One such institution preserved was the Judicial Committee of the Privy Council as our final Court of Appeal in both civil and criminal matters.

It was no doubt thought that given our common law heritage that the Judicial Committee of the Privy Council had the expertise and objectivity to continue to adjudicate on matters from this jurisdiction and

this was regarded as valuable for our fledgling independent democracy.

Moreover, the same would also serve during our early independent years to nourish and fortify our democracy.

Trinidad and Tobago has functioned within the framework of a unitary state regulated by a parliamentary democracy modelled on that of the United Kingdom from which country we gained independence in 1962.

This year, Trinidad and Tobago celebrates our 50th anniversary as an independent state within the Commonwealth of Nations, maintaining

cont’d. on page 10

Our Scripture Verse Today Know Regrets

If we confess our sins, he who is faithful and just will forgive us our sins and cleanse us from all unrighteousness. - 1 John 1:9 (NRSV) A great man and religious leader whom I admired often said that he had lived his entire life with no regrets. However, as I reflect on my choices, I have many regrets that trouble me. I have spent countless hours reflecting on words I said, decisions I made, or actions I took that I wish I could “un-do.”

John wrote, “If we confess our sins, he who is faithful and just will forgive us our sins and cleanse us from all unrighteousness.” I realize that not all of the actions I regret are necessarily

sins; rather, some are unwise choices or errors in judgment. For example, I once decided to take a job many miles from my home and family, a job that kept me from participating in the joy of birthdays and many other parts of family life. For both sins and errors, God’s message is the same: It does no good to look back and wonder “what if . . .” or “if only I . . . .”

I have learned that to lead a good life — a God-centered life — it is not important to have no regrets. When I reflect on the past but keep my eyes on the future, I can see some value even in the things I regret. Our experiences, especially the mistakes we have made, can serve to make us stronger and wiser.

Friday, May 25, 2012

Page g 5

Sir Rawlins honoured

l. Mr. Kenneth Allen, Q.C.; r. Mr. Hogarth Sargeant, Attorney-at-Law

Sir Hugh A. Rawlins cont’d. from page 5 tive territories to move towards the CCJ. You are leaving us when we are forced in the profession to give the public confidence in our profession once again”. Attorney Sergeant continued, “you are leav-

ing us at a time, an age of Google, mobiles, IPads and emails.”

In outgoing Chief Justice Sir Hugh Rawlins response after commenting on the addresses made by the speakers, he spoke extensively on the law as it is a passion to him. “To me the law is

a passion and I like the application of it in as pure a form as it could be, without side wings, without other consideration outside of the law and the application of the law,” he said.

He highlighted that dignity and the character that must exist

(l-r) Mrs. Esco Henry, Attorney General, Miss Kathyann Pyke, Director of Public Prosecution - paying tribute to Sir Rawlins

in practitioners of the law, that even when taking all the social, cultural and other circumstances into consideration, it is the law that must be applied in the end.

He responded with thanks on behalf of himself and his wife

for all the things that had been said of them. The retiring Chief Justice said he spent 43 years of structured work in law. He recalled how surprised he was when he learnt that he had been quoted at the Privy Council in the

case referred to by the DPP, Moise v R (July 2005). He hinted without being specific that he will continue to do more of what he loves to do to the end, hinting he will be working in relating areas of the field of law.

Jeff Webb officially elected president of CONCACAF (CNS): Cayman’s local football boss was unanimously elected president of CONCACAF Wednesday morning at the FIFA congress in Budapest, where he received a standing ovation for his acceptance speech. Jeff Webb attracted support from 40 countries to take up the regional football body’s top post and ran unopposed. Webb, who is president of the Cayman Islands Football Association (CIFA), succeeds Jack Warner’s as president of the sport’s governing body in North and Central America and the Caribbean (CONCACAF). Warner quit last June 20 during a corruption investigation by FIFA.

TERRITORY OF MONTSERRAT HIGH COURT OF JUSTICE

Webb has over twenty years in leadership positions in football, as president of the CIFA, FIFA Executive Committee (observer), chairman of the Caribbean Football Union (CFU) Normalisation Committee, member of the FIFA Transparency and Compliance Committee, deputy chairman of the FIFA Internal Audit Committee, and chairman of the CONCACAF Youth Committee.

TERRITORY OF MONTSERRAT HIGH COURT OF JUSTICE

A.D. 2012

A.D. 2012

LEGAL NOTICE

PROBATE LEGAL NOTICE In the Estate of JULET WHITE, deceased

In the Estate of MARGARET HOWE, deceased NOTICE is hereby given that after the expiration of fourteen (14) days from the date hereof Application will be made in the Registry of the High Court of Justice for Letters of Administration be granted to HOGARTH SERGEANT Lawful Attorney for THOMAS JAMES HOWE son of the deceased and one of the persons entitled in the estate of the deceased.

NOTICE is hereby given that after the expiration of fourteen (14) days from the date hereof Application will be made in the Registry of the High Court for Letters of Administration to the estate of JULET WHITE who died on 28th February, 2004 be granted to LEON WHITE son of the deceased and one of the persons entitled to share in the estate of the deceased.

ALL persons claiming to be beneficially interested therein are requested forthwith to send particulars thereof to the undersigned.

ALL persons claiming to be beneficially interested therein are requested forthwith to send particulars thereof to the undersigned.

FURTHER any person objecting to the issuance of Letters of Administration to the Applicant should notify the Registrar of the High Court, Brades, Montserrat not later than fourteen (14) days from the date of this notice.

FURTHER any person objecting to the issuance of Grant of Probate to the Applicant should notify the Registrar of the High Court, Brades, Montserrat not later than fourteen (14) days from the date of this notice.

Dated this 14th day of MAY, 2012

Dated this 17th May, 2012

Hogarth Sergeant Solicitor for the Applicant

Hogarth Sergeant Solicitor for the Applicant

Page 6

Friday, May 25, 2012

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Friday, May 25, 2012

LAVABITS

Page g 7

DONATES SCIENCE EQUIPMENT TO

MSS

On Wednesday, May 2, 2012 Lavabits, Montserrat's first official software company, made a donation of science equipment to the Montserrat Secondary School( MSS). According to Dr. SamuelJoseph one of the company’s director who presented the equipment, their hope is that “at least three other businesses in the community will match this same donation and the government needs to also match it.”

In brief remarks Dr. Joseph introduced his company and said that having worked in the school system, he realized, “one of the problems we have is that there is a lack of equipment in terms of the sciences and it’s very frustrating to teach and it’s also very frustrating to learn…”

Joseph said that after he quit teaching, following a conversation with the principal, Mrs. Cherlyn Hogan expressed that they have now switched the physics program from Cambridge to the CXC, which requires a set of equipment to do the SBAs. They did not have this set of equipment. “…how the the donation, is their beliefs in the idea that Montserrat’s way children were supposed to do forward is through human capital and through the investment in their tests was going to be a its own people and its own intellectual property. “So, in order to do that, we have to invest in our schools etc.,” he said. mystery…,” he continued.

Principal Hogan in the presence of the Director of EducaThe main objection for

tion and some of the students accepted the donation on behalf of the school. She thanked the donors of the equipment. Meanwhile, she confirmed the need for the equipment, saying there is a great need of equipment for Science as well as for other subjects. She said that issue, “…became particularly pronounced with the switch from Cambridge to CSEC and the requirements for SBA for students…it would virtually be impossible for them to complete that program without this donation.”

On the students own behalf one student acknowledged the equipment adding the students perspective of the usefulness and need for the equipment. “Much of the work that students do is theoretical with class work.

Students tend to forget what was taught, but with practical

experience what they observe, of and for themselves would most likely be understood… equipment such as this will definitely assist in students work…,”confirming also his principals remarks about the change from Cambridge to CXC. “…and this also allows for our advance in our SBAs,” he said. .

The equipment included beakers, electricity set, magnetism set, a laser set, calipers, micro meters, “and some other stuff, basically stuff for Physics,” as noted

by Dr. Joseph.

Rawle Wilson is the physics master at the MSS and he expressed to TMR his pleasure with the donation. “Yes truly I’m very excited about this donation from Lavabits,”he said, noting also, “physics with the use of equipment, students are able to appreciate the subject more, when they actually do

things they are able to remember them more. It is easy for a child to forget what he is told in class… when one actually participates, exercising hands on, feel and touch, one understands and remembers and better appreciates the subject.”

Lavabits on their website tells of their mission: “To provide effective information solutions to local, regional, and international problems via targeted mobile application software development.

To foster an intellectual, knowledge-sharing internal environment to enable academic excellence, creativity, and effective decision-making.”

It was initiated to provide software in the mobile space.

This includes smartphones such as Apple's iPhone, RIM BlackBerry, and Android based phones.a local software development company

Page 8

Friday, May 25, 2012

Kids time - In your own korner Hello everyone – It is kid’s time with Auntie Lyka “In Your Korner”. As our school term continues. I wish you the best luck. For those of you writing CSEC I wish you all the best. “I continue to believe that if you are given the necessary tools to succeed, you will succeed beyond your wildest dreams!” But for that to happen you have to apply the tools.

FOREVER RAINBOWS

There’s a place that I know that’s a fairy-tale land; Pink skies and rainbows full of gold,

by Adrienne Foster Potter

With sunshine so thick you can hold it in your hand.

And rainstorm symphonies I’m told.

And the flowers don’t die when the winter winds blow.

‘Cuz the snowstorms are warm I’m told.

And the birds sing their songs but all the songs have words. The animals laugh and tell jokes,,

And I’m going there tomorrow if I can. Maybe I should go there today; It would be so fine just to visit for a while.

Someday I’m going there to stay.

While the unicorns move all around in their herds, and the frogs do speeches, not croaks.

It’s a place where

And the people don’t walk ‘cuz they fly where they go; the snowflakes are white but not cold.

Pre-School Corner

Hello to you my preschool friends. This week we will look at COLOURING ALPHBET PICTURES. I hope you have fun. Letter F

SEND IN YOUR ANSWER TO WIN A GIFT.

Question: List four uses of the tongue.

Making Flowers

the raindrops never get you wet, where there aren’t any roads or cars.

Yes, and half of the skies are forever sunset. And half is the twilight and stars.

You can talk to the animals and they’ll talk too- They’ll tell you secrets that they know.

The lions and tigers will want to play with you.

So gently you won’t want to go.

You can go there now if you close your eyes up tight. And think about every good thing.

And in your mind go up to a very high height. Like a bird on the rainbow’s wing.

Everything is there and it’s such a pretty sight-- Cotton candy grows on the hills.

Fireworks are lighting up the day and the night. And the sight of it gives me chills.

May Word Search Puzzle

This flower is made up of four parts. How many complete flowers can you make with the pieces you see below

See you next week right here

In Your Own Korner.

Where we will have fun Kids write your stories, tell us about yourselves. Email or post - Write to Aunty Lyka, at P.O. Box 306, Davy Hill, or send email to: kidstime@themontserratreporter.com

Put a different letter in front of ONE each time to make words with the following meanings: 1. A dog might like one 2. Finished 3. Not there anymore

BLOOMING CINCO DE MAYO EMERALD FIFTH MONTH FLOWERS GARDENING GEMINI GROWTH HAWTHORN LILY

MAIA MAY DAY MEMORIAL DAY MOTHER'S DAY NIGHTINGALE SPRING TAURUS THIRTY-ONE DAYS VICTORIA DAY WARM

Friday, May 25, 2012

Page g 9

Shuffling of departments, renaming Ministry of Education and Health to absorb MYACSS

Government of Montserrat (GoM) under what it describes as part of its reform initiatives has made several internal changes with respect to its Ministry and Departments since the new financial year 2012/13 began.

According to a report

coming out of the Cabinet Secretariat, which handles policy for GoM, at the end of the financial year 2011/2012 GoM abolished the Ministry of Youth Affairs, Community Services & Sports (MYACSS) and made the following structural and nominal chang-

es to effect the continued execution of the respective functions.

Effective April 1, 2012, there is now the Ministry of Education, Youth Affairs and Sports, which also incorporates Community Transformation/Development.

MONTSERRAT’S MOU WITH DFID Last September the DFID Budgetary aid team that visited Montserrat outlined at a press Conference that the object of its mission was (2) To discuss DFID’s proposed Strategic Growth Plan for Montserrat.

The team in an issued statement to the press expected an outcome from discussions, “conclusions and recommendations which will be presented to DFID Senior Management for approval and implementation.�

Besides the context of the discussions and DFID agreeing to provide budgetary aid of over 50% (EC$55m), “DFID and GoM agreed to work in

partnership to develop a “bargain� between the UK and Montserrat. On the UK side this would be a strategic investment package combining technical and capital assistance to stimulate economic development and growth. “But critical to success would be the delivery of reform measures set out in the economic roadmap to improve government services and encourage private sector investment.�

The MOU signed on May 1 sets out the above terms accompanied by a Matrix document of required timelines and actions.

What used to be Community Services has been renamed Social Services and has been transferred (to include budget responsibility) under the Ministry of Health, so that Ministry is now Ministry of Health and Social Services also effective

April 1, 2012.

At the abolishing of MYACSS the Permanent Secretary’s post was also abolished. Mr. Eugene Skerritt who held that post reportedly according to the Governor had retired by arrangement, but the details were a pri-

vate matter that only Skerritt should speak to the issue.

However, and according to a release from GIU on the changes, “Importantly, the responsibility for Social Welfare payments has been transferred to the Montserrat Social Security.�

94 MEDALS TO CELEBRATE QUEEN’S DIAMOND JUBILEE CELEBRATION A number of events have been schedule to take place on Montserrat during this year’s Diamond Jubilee celebrations to commemorate the 60th year of the reign of Queen Elizabeth 11.

Governor Adrian Davis during his month press conference on Wednesday, May, 16, 2012 at the Governor’s Office Conference Room stated that a total 94 medals will be awarded for outstanding service to officers in the Royal Montserrat Police Service, The Fire and Rescue Service, The Prison Service and The Montserrat Defence Force on Thursday, June 7, 2012 at Government House.

Montserrat, along with two hundred

other nations in the world will also light the World Jubilee Beacon on Monday, June 4, 2012 outside the Montserrat Cultural Centre at 7:30pm followed by a display of fireworks.

The Queen’s Birthday Parade will be held on Saturday, June 16, 2012 at Little Bay, while The Diamond Jubilee party will be held on Thursday, June 21, 2012.

According to Governor Davis, Queen Elizabeth 11 is only the second monarch to reach their Diamond Jubilee. Queen Victoria who served from 1837 to 1901, a total of 64 years was the first to reach her Diamond Jubilee.

HMS PROTECTOR TO CONDUCT SEABED SURVEYS AROUND MONTSERRAT BRADES, Montserrat (May 4, 2012) – HMS Protector, a hydrographic survey ship usually stationed in the Antarctic will be in Montserrat waters next CARIBBEAN DEVELOPMENT BANK week to conduct surveys.

According to Richard Aspin, Communications Officer for the Governor’s Office JOB OPPORTUNITIES its role is to conduct seabed surveys as present charts are out of date and with the changes caused by volcano activity, there is a need to have accurate images

of what conditions are like in the waters around the island. $SSOLFDWLRQV DUH LQYLWHG IURP VXLWDEO\ TXDOLILHG QDWLRQDOV RI WKH %DQNÂśV PHPEHU FRXQWULHV Aspin says the information will help ships needing to come into harbour for WR ILOO WKH IROORZLQJ SRVLWLRQV DW LWV KHDGTXDUWHUV ORFDWHG LQ %DUEDGRV emergencies but also for general shipping purposes. The ship will also be map ping the Carrs Bay seabed area in preparation for the proposed construction of the new port.

HMS Protector is one the newest additions to the British Navy Fleet, which LEGAL DEPARTMENT is outfitted with a flight deck and an echo sounder. It is described online as an General Counsel “incredibly versatile survey and ice patrol ship.�

Legal Counsel

ECONOMICS DEPARTMENT Director

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ABFA’s General Secretary is new CFU boss

Adapted The Antigua Observer

By Neto Baptiste Antigua – At its 35th Ordinary Congress held here Tuesday, Gordon APPLICATIONS Banks Derrick received the over whelming support from the Carib)XOO GHWDLOV RI WKH MRE RSSRUWXQLWLHV JXLGHOLQHV IRU WKH VXEPLVVLRQ RI DSSOLFDWLRQV DQG bean Football Union (CFU).

JHQHUDO LQIRUPDWLRQ DERXW WKH &DULEEHDQ 'HYHORSPHQW %DQN &'% PD\ EH REWDLQHG He is one of three Antiguans elected as IURP WKH %DQNÂśV ZHEVLWH DW KWWS ZZZ FDULEDQN RUJ members of the newly reconstituted

CFU. &'% LV D PXOWL ODWHUDO GHYHORSPHQW ILQDQFH LQVWLWXWLRQ WKDW ZRUNV LQ FROODERUDWLRQ ZLWK LWV The General Secretary of the %RUURZLQJ 0HPEHU &RXQWULHV WR SURPRWH VXVWDLQDEOH VRFLDO DQG HFRQRPLF GHYHORSPHQW Antigua & Barbuda Football Association (ABFA), Derrick took the presidency big ZLWKLQ WKHVH FRXQWULHV DQG HFRQRPLF FRRSHUDWLRQ DQG LQWHJUDWLRQ DPRQJ WKHP spot, while former national player and sports journalist Neto Baptiste was cho-

sen as a member of the CFU Appeals Committee at the body’s 35th Ordinary Congress held in Budapest, Hungary on Tuesday, May 22, 2012.

Dr. Reverend Oral Thomas, a member of the Swetes Football Club, also found favour at the congress as he was elected as a member of the Ethics Committee.

A fourth Antiguan nominee, Everton Coates of Sea View Farm FC, missed being elected to the Disciplinary Committee by a single vote. cont’d. on page 11

Page 10

Friday, May 25, 2012

CARIBBEAN CHAOS: A CRISIS IN WEST INDIAN CRICKET Stephen Brenkley assesses the damage (continued from May 4, 2012) Cricket in the Caribbean, once so joyous and victorious, is in an unholy mess. It is not simply that the team are losing too often but that the game is being so woefully run that there is a serious danger of the world passing it by.

Ricky Sanasie, the GCB secretary who has refused to buckle to Government pressure, is in no doubt of the outcome: "The board is functioning on a skeleton basis until the decision of the Caribbean Court of Justice, where the GCB has challenged the actions of the Government. I am not confident that they will back off, given the way

they have acted in the past.

"But what I am confident about is winning the case at the CCJ because we have an airtight case and the Government is wrong.

The GCB has been here for 63 years.

The GCB has the authority from the WICB to regulate and administer cricket in Guyana. If we're not allowed to operate cricket in Guyana nobody can."

That is precisely the way that the WICB looked at it and in a rare moment of decisiveness condemned the Government. But there is an uneasy feeling that not everything in Guyana was above board – representatives from only one of the three counties took part in the elections – and that is why Lloyd made a stand.

The effects have already been damaging. The WICB moved one of the recent Tests against Australia from Guyana to Dominica, where the team also had to play its games in the first-class competition. Until the court verdict, the game in the home of the world's best batsman is at a virtual standstill. And there is a widespread view that, no matter what the CCJ does, the Guyanese Government will not go away.

Azim Bassarath, the president of the Trinidad & Tobago Cricket Board, is at least aware of the deep-seated problems across the region. "There was no sustained programme put in place to reproduce those great cricketers of the Seventies and Eighties. One or two did emerge but the rest were of a

poor quality. My concern is what the WICB is doing to ensure that we return to the glory days. I know it is trying with A team tours and for two years now we have had the highperformance centre in Barbados, but the regional tournament is of a very, very poor standard. This is a concern not only for the WICB but for all the territorial boards."

When Trinidad qualified for the inaugural Twenty20 Champions League back in 2009, there was serious discussion about secession from the WICB. The country have continued to produce high-quality cricketers but Bassarath, elected a year ago ahead of the outstanding former West Indies wicketkeeper Deryck Murray, has quashed such talk.

T&T TO EMBRACE CCJ AS ITS FINAL COURT OF APPEAL... cont’d. from page 4 the Judicial Committee of the Privy Council (“JCPC”) as our highest court of appeal for both the civil and criminal jurisdictions.

Our country’s highest court within our borders is the Court of Appeal, whose Chief Justice is appointed by the President after consultation with the Prime Minister and the leader of the Opposition.

Final appeal is decided by the JCPC in London.

Over the years, there has been national and regional dialogue about our retention of the JCPC as our final Appeal Court.

There have been calls for our country to break with the JCPC as other countries with more substantive legal jurisprudence have done. These include India, Australia, Canada, Malaysia, Pakistan and New Zealand but to name a few.

The JCPC remains the final appellate court for some 31 jurisdictions (including 13 independent nations).

Apart from Trinidad & Tobago, countries such as Jamaica, Bahamas, Dominica and Mauritius still maintain the JCPC as a final court of appeal.

Time and again, we have heard comments to the effect that the JCPC is out of sync with the times and our independence and should be replaced with a regional court of last resort.

In considering Trinidad & Tobago’s decision to maintain appeals to the JCPC, it is necessary to look briefly at the events leading up to the Caribbean Court of Justice in 2005.

At the 6th meeting of the Heads of Government Conference of Commonwealth Caribbean Countries in April 1970 in Kingston, Jamaica, a general view (but by no means unanimous) was expressed of the desirability that the Commonwealth Caribbean countries should move toward terminating appeals to the JCPC. Subsequently, a meeting of the Committee of the various Attorneys General met in August 1970 and in March 1971 and issued a draft report on the establishment of a regional court of appeal for consideration by the Organisation of Commonwealth Caribbean Bar Associations.

Thereafter In July 1989, at the 10th meeting of the Heads of Government of the Caribbean Community in

Gran Anse, Grenada an agreement was reached for the establishment of a Judicial Service Commission responsible for the appointment of Judges.

This led to the West Indian Commission making recommendations during 1992 for the establishment of a Caribbean Supreme Court.

The UNC led Government under Prime Minister Basdeo Panday announced in 1999 that the Government of Trinidad & Tobago would provide a site to house the court and the Heads of government approved the establishment of the Caribbean Court of Justice (CCJ).

On 14 February 2001, the agreement establishing the CCJ was signed by Antigua & Barbuda, Barbados, Belize, Grenada, Guyana, Jamaica, St Kitts & Nevis, St Lucia, Suriname and Trinidad & Tobago to be followed in 2003 by Dominica and St Vincent & the Grenadines.

Altogether, 12 signatories.

On 16 April 2005, the CCJ was inaugurated at a ceremony in Port of Spain, Trinidad and Tobago.

The CCJ has two jurisdictions: an original and an appellate jurisdiction.

In its ORIGINAL jurisdiction, it interprets and applies the Revised Treaty of Chaguaramas which established the Caribbean Community and is an international court with compulsory and exclusive jurisdiction in interpreting the Treaty of Chaguaramas.

In its APPELLATE jurisdiction, it hears appeals in both civil and criminal matters from those member states which have ceased to allow appeals to the JCPC. At present, Barbados, Belize, and Guyana all of whom have replaced the JCPC’s appellate jurisdiction with that of the CCJ. The CCJ was established at a time when the Caribbean Community sought to forge its own body of jurisprudence and reinforce its right to determine its affairs.

The situation has been complicated by the issue of the death penalty on which the Privy Council, reflecting contemporary English (and EU) mores and jurisprudence has been rigorous in upholding Caribbean appeals in death sentence cases.

It may have always been in the contemplation of the founding fathers

that as our democracy grew from strength to strength and our Judiciary developed its confidence and expertise that the time would come when we would have to take responsibility ourselves for the final adjudication of our disputes consonant with the pristine principles of justice and fair play and say goodbye to the Judicial Committee of the Privy Council as our final Court of Appeal.

There were those in the embryonic stages of our independence who canvassed the view that true independence and sovereignty dictated an abolition of appeals to the Privy Council even at midnight on August 31st 1962.

However, our experience over the years has repaid our caution and gradualism in treating with this question.

A quiet debate on this issue has continued over the years and it is with the recognition that the Gordian Knot to the Privy Council had to be cut at some stage that this country joined with our neighbours in conceptualizing and seeking to implement the Caribbean Court of Justice as our final Court of Appeal.

In this year as we celebrate our fiftieth anniversary of independence this year, the time has surely come for us to review our relationship with the Privy Council.

Such review takes into account the critical observations of the community of informed commentators, jurists and institutions for as I have always said that I would listen and then lead.

The prevailing and sustained analysis has suggested that the jurisdiction of JCPC in relation to criminal appeals is a matter of grave concern as it affects the dispensation of criminal justice at a time of high crime in our country.

The Caribbean Court of Justice remains committed in pursuing its enlightened role in Caribbean legal reform in the important area of the criminal law.

It is almost axiomatic that the Caribbean Community should have its own final Court of Appeal in all matters; that the West Indies at the highest level of jurisprudence should be West Indian.

A century old tradition of erudition and excellence in the legal profession of the Region leaves no room for

hesitancy in our Caribbean region.

As is well known, Trinidad & Tobago has maintained for the time being its policy of the JCPC being its final appellate court, as it saw no good or plausible reason in 2005 to replace the JCPC with the CCJ until that court had established over time, the body and quality of its jurisprudence.

The international and global nature of complex and varied legal cases before the JCPC can only aid and assist the development of jurisprudence in the Caribbean which in my view is to be welcomed and we should be slow to cut off all ties with that august body.

The JCPC has an international reputation as being one of the finest commercial and civil law courts in the world.

It inspires confidence in foreign investors and its retention in this regard is conducive to an investorfriendly climate at a time when the international economic order is changing and Trinidad and Tobago is attempting to woo foreign investment from the BRICS (Brazil, Russia, India, China and South Africa) countries.

Consistent with our approach of caution and gradualism, this country has not rushed to surrender the jurisdiction of the Judicial Committee of the Privy Council but has rather kept the issue under constant review.

It is perhaps fitting as we gear ourselves to celebrate what is essentially our golden anniversary of independence that we take another step in the furtherance of our national sovereignty now giving the Caribbean

"As long as I am president of the Trinidad board I would not entertain anything that would divorce ourselves from the WICB," he said.

"You would have to bear in mind the length of time our players would not be allowed to play Test cricket and for Trinidad to be recognised as a full ICC member. In the past when Antigua had great players, Andy Roberts, Viv Richards, there was talk about going it alone and in the Sixties and Seventies when Barbados had eight or nine players there was talk about them going it alone and they didn't."

The sentiment was echoed by Lyndal Wright, the president of the Jamaica Cricket Association, where there has been particular enmity recently between it and the WICB, with continual nudges and winks about ploughing a lone furrow. The Prime Minister, Simpson Miller, effectively doused that in a considered

speech she delivered to the association, in which she also stoked the ire of the WICB by criticising its handling of the Gayle affair.

Offended, the board issued a condemnatory statement without considering that Simpson Miller had also reinforced the need for unity. Thus nudged, Wright too is now talking of them all being in it together. "It's like an argument in families, they happen but they are made up," he said.

But cricket in Jamaica is in serious trouble, a fact concealed by their recent fifth successive victory in the Caribbean first-class competition. "The game is doing well in schools but at club level we have real problems. They simply do not have the funds," Wright added. It is a microcosm of difficulties throughout the Caribbean. Whatever they do in England, the game is in peril.

Court of Justice jurisdiction as our final Court of Appeal.

At the recently concluded Caricom Heads OF Government Conference in Suriname, this matter was raised in discussion with several CARICOM heads of government.

On that occasion, I gave a commitment to our CARICOM partners that my government will review our approach to this matter on my return to Trinidad and Tobago and to Port of Spain.

Having undertaken such a review, and consistent with our approach of caution and gradualism, I am pleased to announce that the Government will be bringing legislation to this Honourable House to secure the abolition of appeals to Privy Council in all criminal matters so that this jurisdiction would then be ceded to the Caribbean Court of Justice.

As a measure of our growing confidence in the CCJ, and as a mature and leading world democracy, in this year of our 50th independence anniversary, we will table legislation acceding to the criminal appellate jurisdiction of the CCJ, in very much the same way as other countries have similar to Hong Kong prior to the transfer of sovereignty to the Peoples Republic of China in 1979 and Singapore in 1989. There is ample precedent for such a phased withdrawal from the jurisdiction of Her Majesty’s Privy Council.

Mr. Speaker, earlier today I had the honour to advise the substantive Chief Justice the Honourable Justice Ivor Archie, the Acting CJ the Hon.

Justice Wendell Kangaloo; and the President to the Law Association, Ms. Dana Seetahal, and the Criminal Bar Association Ms. Pamela Elder on this new direction my government is embarking upon.

Such a measure will, of course, require a special majority and we look forward to bipartisan support for this historic withdrawal from the criminal jurisdiction of the JCPC. We will continue to monitor the developments taking place in both the JCPC and CCJ including the quality of their decisions in deciding the future course of our judicial system In so doing my Government affirms its commitment to deepening of the regional integration process and the development of a Caribbean jurisprudence and we view this step as a manifestation of that commitment.

Mr. Speaker, by our commitment today, the government of the Peoples Partnership signals a most historic development in the administration of justice in independent Trinidad and Tobago.

These pledges to strengthen our democracy form the core value in the manifesto of the Peoples Partnership.

Today we deliver yet again on a promise to generations to come.

On personal note, Mr. Speaker as a graduate of both the renowned faculty of law of the University of the West Indies and the prestigious Hugh Wooding Law School, it gives me immeasurable pride as Head of Government to usher in this new dawn in the legal history of our great nation, Trinidad and Tobago."

REGISTERED LAND ACT SECTION 34 LOST LAND CERTIFICATE It is notified for general information that the Land Certificate in respect of the following persons has been reported lost:NAME

REG. SECTION/REFERENCE

DATE ISSUED

Frank L. Baldwin II et al

Elberton 07/05/253

Sept. 14, 1989

Unless any objections are received within fourteen (14) days from the date of publication of this notice, replacement certificates will be issued.

Dated this 11th day of May, 2012.

J. Christopher Gerrald Assistant Registrar of Lands

Friday, May 25, 2012

Page g 11

West Indies threat fizzles to an England win LONDON, England -- Two wickets – one apiece to Kemar Roach and Shannon Gabriel – before lunch gave England a scare, but failed to ignite West Indies and they went under by five wickets in the first Test on Monday.

Roach snared overnight batsman Jonathan Trott and Gabriel grabbed the prized scalp of Kevin Pietersen, but the Windies failed

to successfully defend a target of 191, as Alistair Cook with 79 and Ian Bell with an unbeaten 63 saw the hosts over the finish line on the final day at Lord’s.

Roach ended with three wickets for 60 runs from 13 overs and Gabriel finished with one for 26 from five overs before they both limped off, as England, resuming on 10 for two, reached

their target about an hour before tea.

A delivery from Marlon Samuels, bowling his uncomplicated off-spin darts, was swung away to the wide long-on boundary for four by Ian Bell to formalise the victory.

The result meant that the visitors trail 0-1 in the three-match series which continues this com-

ing Friday at Trent Bridge before the final Test starts on June 7 at Edgbaston.

Following a dramatic end to Sunday’s penultimate day, West Indies started positively and Roach got an early breakthrough.

The fast bowler struck in the sixth over of the morning, when he had Jonathan Trott caught at second slip by captain Darren Sammy for 13 to leave England 29 for three.

The Windies continued to hunt wickets, but England talisman Kevin Pietersen threatened briefly, when he pulled a short ball from Gabriel for his only boundary in scoring 13.

Gabriel however, got his revenge, when Pietersen tried another pull to the next delivery and was caught behind from the bottom-edge on the brink of the first hour of play.

The visitors’ charge was blunted however, when Cook and Bell came together to add 132 for the fifth wicket to halt the decline and virtually steer England to a comfortable win.

Your Weather Forecast for Montserrat May 26 – June 1, 2012 For more information and full forecast see the AccuWeather chart at www.themontserratreporter.com

Weekly Horoscope: May 18 - May 24, 2012

by Shelley van Strunckel

As the West Indies threat faded, Cook grew in confidence, gathering the majority of his runs through the off-side from a mixture of drives and cuts, while Bell remained steady and kept the score ticking over by rotating the strike.

A cut off Samuels for the eighth of his 10 boundaries carried him to his 50, as England reached 131 for four at lunch.

After the interval, West Indies gave it one last fling, but Cook and Bell, whose 50 came

from 84 balls when he lofted Marlon Samuels for the third of his five fours, continued their acts of defiance.

West Indies finally got the breakthrough with England need-

ing just two runs to win, when Cook, whose 127-ball innings lasted 3 ¼ hours, was caught at gully off Sammy before Bell brought the curtain down on the match.

Result: England won by five wickets.

Series: England lead threematch series 1-0 Man-of-the-Match: S. Broad (England) Umpires: Aleem Dar (Pakistan), Marais Erasmus (South Africa)

TV umpire: Asad Rauf (Pakistan) Match referee: R. Mahanama (Sri Lanka) Reserve umpire: T. Robinson (England)

New CFU boss cont’d. from page 9 Derrick replaces Trinidad and Tobago’s Austin “Jack” Warner, who resigned from all his football positions in June last year, following his suspension by the world football governing body, FIFA. Derrick got the voters’ nod ahead of Cuba’s Luis Hernandez, Barbados’ Ronald Jones and Trinidad’s Harold Taylor.

The general secretary, who has been employed by the ABFA for over eight years, said he was confident going into the much talked about elections.

Grenada’s Cheney Joseph was elected first vice president and Bermuda’s Larry Mussenden is second vice president while St Lucia’s Lyndon Cooper was chosen as third vice president.

The executive committee includes Sonia Bien-Aime of the Turks & Caicos Islands, Anthony Johnson of St Kitts & Nevis, Hillaren Frederick of the USVI and Maurice Victoire of Martinique.

The CFU was thrown into controversy in June of 2011 when it was rocked by bribery scandals involving then Asian football boss Mohamed bin Hammam.

new CFU boss, Gordon Derrick of Antigua and Barbuda Bin Hammam was banned for life by FIFA after he was found guilty of bribing presidential election voters, just months after he helped secure the 2022 World Cup for his tiny Gulf homeland.

The scandal forced him to abandon his campaign to unseat FIFA President Sepp Blatter and ultimately led to him becoming the most senior official convicted of corruption in the governing body’s 107-year history.

A FIFA ethics panel ruled after a two-day hearing that the executive committee member conspired to pay Caribbean officials $40,000 cash bribes in May 2011 for their support in the election.

Page 12

Friday, May 25, 2012

GOM ISSUES EVER CABINET

For several years now, the Government of Montserrat (GoM) has said that it would publish Executive Council, now called ‘Cabinet’ decisions. For as many years the media has asked for and when the promise would be fulfilled, and there has never been any substantive reason that this had not yet taken place.

On Friday, May 18, 2012, Director of Information & Communications out of the Cabinet Secretariat issued a brief release announcing two reports from the Cabinet Secretariat of their activities covering from January 1 to March 30, 2012; and the month of April, 2012.

The reports cover Nine Bills that were approved (by Cabinet) for submission to the Legislative Assembly. and one Bill had been put on hold pending further adjustments during the first quarter of this year.

Some of these Bills

were tabled in the Legislative Assembly this week Wednesday, May 16. Second and Third Readings of the Bill – ‘Tax Compliance Certificate Bill 2012’; and the ‘Probation of Offenders (Amendment) Bill 2012’; The Introduction and First Reading of the Bill – ‘Immigration (Amendment) Bill 2012’; ‘Magistrate’s Court (Amendment) Bill 2012’; and, the‘Physical Planning (Amendment) Bill 2012’.

During that first quarter, under Policy Matters, the report showed: “The following decisions are noteworthy: Cabinet endorsed the agreement to equalize the visa entry requirements for Montserrat to be the same as the United Kingdom.

Cabinet also authorized the introduction of online visa system, whereby persons wanting to visit Montserrat who require a visa can apply directly to the GoM rather that to the nearest British High Commission. The visa

requirements for persons who would normally require a visa, but who are already in possession of a valid UK, USA or EEA visa, will also be waived, subject to the normal security checks.

Under the Fiscal Incentives GoM cabinet gave a Concession To Family FM Limited to re-authorize the operation of a free Air Radio Service.

Board Members were approved for the Labour Tribunal, Juvenile Assessors and the Social Security Board.

Some decisions relative to Procurement saw a Waiver of the normal procurement rules to allow MCWL to purchase crushed stones/ aggregate from Phoenix.

- Approval of the use of selective tendering for the procurement of ducts under the roads project. And, an increase in the ceiling value for consideration of tenders at the Department level to $100,000.00 instead

ITS FIRST DECISIONS

of $50,000 as currently set out in the Regulations.

In the April 30 report it gave a ‘synopsis’ of the Cabinet Decisions among which showed an “Extension of the waiver of the $2.00 per ton from the royalty charge for sand and aggregate exported from Montserrat to 30th June, 2012.”

During that month, GoM made now known important decisions connected to the Premier’s claim to ownership of the proposals in the MOU and reforms that he signed on May 1. “Cabinet agreed to the Strategic Growth and Development (SGDP) MoU commitments and Reform matrix.” (See story on Growth Package) A decision was made on ending long outstanding stalemate on the Girl Guides building on the Davy Hill ridge. The GoM agreed to an exchange of land in Davy Hill 14/4 parcel 226 in St. Johns to Land in Look Out – block 14/27/72 for

Montserrat Girl Guides Association.

A procurement board was agreed to be set up comprising six members.

Tax Compliance Certificate Act 2012 The Tax Compliance Certificate Bill 2012, which received its second and third reading last week Wednesday, passed the Legislative Assembly, and is considered to be the most significant bill for the sitting.

Premier Meade who had threatened to collect all outstanding taxes, the detriment of his political career not withstanding, explained that Clause three of the Act sets out the requirement for a Tax Compliance Certificate, where a person intends to submit a tender for a government business contract or seeks a concession. “It also requires a person to submit a Certificate with his application for citizenship, residency or the extension of a work permit.“

A Clause 3. “A person who— (a) submits— (i) a tender for a government business contract; or (ii) an application for a concession; or (b) applies for— (i) citizenship; (ii) residency; or (iii) the extension of a work permit, is required to submit a Tax Compliance Certificate, along with his or her tender submission or concession application in paragraph (a) or his or her application in paragraph (b).

The Act also sets out the application process for a Certificate; the circumstances under which the Comptroller may issue a Certificate; and a provision that a Certificate be valid for one year.

A person may be refused a Tax Compliance Certificate, while Clause 8 grants a right of appeal to the Minister, by a person who is refused a Tax Compliance Certificate.