Black Immigrant Daily News

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Minister of Rural Development and Local Government Faris Al-Rawi – File photo

A legal challenge against the Government’s decision to have proclaimed parts of the recently passed Local Government Reform Act that could allow for local government elections to be delayed by a year will go to trial in January.

The date was set by Justice Jacqueline Wilson during a virtual chamber court hearing on Friday.

The lawsuit was filed earlier this week by attorneys for activist Ravi Balgobin-Maharaj, who says as a voter in the Maracas/Santa Margarita electoral district, he is aggrieved by the decision taken by Cabinet and announced recently by Rural Development and Local Government Minister Faris Al-Rawi.

The bill was passed on June 14 with a simple majority in Parliament. The Opposition UNC has called on President Paula-Mae Weekes not to proclaim the legislation, which will extend the terms of current local government representatives and likely delay the election.

The judge did not give the media permission by to cover Friday’s hearing, but Newsday was told she set dates for the filing of submissions and affidavits by December 28, with the hearing of oral submissions on January 9 and 10 at a virtual hearing.

At Friday’s hearing, attorneys for both sides agreed to have the matter heard as a rolled-up hearing, meaning the judge will hear the judicial review application and the substantive lawsuit as one.

Senior Counsel Douglas Mendes told the judge the State was objecting to leave being granted, but since the matter was an urgent one, the rolled-up hearing would be better.

Attorney Jayanti Lutchmedial, who appears for Balgobin-Maharaj, asked for an early hearing – before December 3 – since, she said, beyond that date, there might be people holding office without lawful authority and being paid out of the public purse.

She said it was hoped that a decision would be given before the end of the local government term on December 3.

However, Mendes said he did not think a catastrophe would take place if, beyond December 3, people continued in office, adding also that the outer limit by when the election could be called – without the change to the law – was March 3.

Mendes urged the judge not to sacrifice accuracy for speed.

After hearing submissions by both attorneys, Wilson set the dates for the hearing of Balgobin-Maharaj’s challenge.

Lutchmedial also raised the issue of the injunction which Balgobin-Maharaj has asked for to restrain all councillors and aldermen from holding office beyond December 3.

However, the judge said she may have to grant leave first before she can grant interim orders and that will change the way the matter will progress.

In his lawsuit, Balgobin-Maharaj wants the court’s permission to have the government’s decision reviewed. His lawsuit contends the decision of the Cabinet was unauthorised, contrary to law and an abuse of power to “retrospectively apply an amendment to the law to increase the terms of councillors which ultimately delays the local government elections.”

The activist also wants declarations to put a stop to the alleged government plan to postpone the local election, saying any attempt to delay it by retrospectively applying the amendments to the Municipal Corporations Act would be a fraud committed on the electorate, in bad faith, and would amount to improper use of the legislation.

Balgobin-Maharaj is also asking to court to quash the declaration that local government elections are now due between December 4, 2023, and March 4, 2024, and the decision to extend the term of office of all councillors and aldermen.

It also said it was “inherently wrong” for the Government to amend the law “under the guise of local government reform, only to attempt to apply those amendments implicitly in a piecemeal and retrospective manner to alter the terms of the council which was elected in 2019 under and by virtue of the law that existed at the material time.”

The lawsuit alleged the action of the minister and Cabinet “has given rise to the understandable perception that the Government is abusing its power to avoid and/or delay the local government elections in light of its poor ratings.”

Balgobin-Maharaj is also represented by Anand Ramlogan, SC, Renuka Rambhajan, Robert Abdool-Mitchell, Natasha Bisram and Vishaal Siewsaran.

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Black Immigrant Daily News

A three-year-old child has been out of school for almost two weeks and is now being forced to relocate. This is after the little girl alleged that she and her friends were beaten by her teacher, resulting in officials at the Ankerville Nursery School refusing to allow her back at the public institution.

The three-year-old has not attended school since last week Monday. The school is situated at Port Mourant, Corentyne, Region Six (East Berbice-Corentyne).

According to the child’s mother, the toddler was at home playing when she suddenly uttered that she does not like her teacher.

This was a bit surprising coming from a child who always had something exciting to say about school and her teacher, the mother said and when she further enquired, she was told that the teacher had reportedly hit the little girl and her friend.

While a bit disturbed, the mother said she tried to ignore the report by her daughter and took her to school the next day but the child did not want to get off the motorbike to go to her class and when her mother insisted, she started to cry. However, the mother managed to take her into the building.

Upon seeing the teacher, the girl ran out of the school crying, saying that it was the same teacher that had hit her. According to the mother, she never hits the child and so she become concerned about reported the matter to the Head Teacher at the school.

But she was told by the Head Teacher, “That particular teacher does not beat.”

According to the parent, she was told that the child’s allegations were untrue.

Not satisfied with the response she received; the mother went to the Department of Education, which is situated in New Amsterdam.

A meeting was subsequently held with the Education Officer with responsibility for nursery schools, the teacher, the Head Teacher and the parent. During that meeting, the child reportedly said that the teacher used a ruler to hit her and her friend.

Moreover, in the absence of the parent, the child reportedly told the same story.

The Education Officer made a decision to have the child placed into another class, which was done.

Child put out of school

However, the following morning when the mother went to drop off her daughter, she was greeted at the door by the Head Teacher, who allegedly told her that the teachers had a meeting and decided that they no longer want the child to attend the school and as such the mother would be given a transfer letter for her to relocate the child.

Armed with this new development, the mother revisited the Department of Education where she was told that this new claim will have to be investigated. She has been waiting until now as the three-year-old remains at home.

There have been an increasing number of reports of violence against children perpetrated by teachers reaching this publication coming out of Region Six.

Only recently one parent told this publication that a teacher attached to Friends Primary on the East Bank of Berbice hit his daughter, causing injuries to the child’s hand.

The child did not say anything about the incident when she got home until she was questioned about the marks and swelling to the forearm.

When one of the child’s parents called the Head Teacher, they were told that they had to go to the school and make a report so that the Head Teacher can make an entry in the complaints book.

Not satisfied with that response, the parent contacted a regional official who made contact with the Department of Education. A meeting was arranged between the child, Education Officer, parent, teacher and Head Teacher where the teacher initially denied hitting the child. However, after other evidence was put forward, the teacher admitted to hitting the child and reportedly promised not to repeat her action.

With an increase in violence by students on students, the Regional Education Committee has not addressed the issue to come up with recommendations.

Additionally, according to sources close to the Department, they have not implemented any programme to deal with the issue of violence against students by teachers.

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Akeem Noel –

RELATIVES of Akeem Noel, the man who was killed by police after he allegedly tried to take a gun from an officer said they will spend their last cent seeking justice.

Police reported that at about 12.30 am, a police sergeant assigned to the Arima Police Station was at Bailey’s Bar, Eastern Main Road, Arima when a man and a woman approached him. He and the man started talking, but the officer eventually walked away.

Police said Noel then entered the bar and approached the officer and grabbed him by his clothing. The officer shoved him off and the man advanced again, this time saying it was a robbery.

The officer reportedly warned Noel he was a police officer and Noel began reaching for his gun before he was shot. He was taken to the Arima Health Facility and was declared dead at 12.50 am.

Noel’s uncle, regiment sergeant Allan Lee gave a different version of the shooting.

Lee said he was the person who was the aggressor against the police officer stemming from an old incident and he was supposed to be the one shot, not his nephew.

He said the officer was with a group of officers who ticketed him years ago for failing a breathalyser and arrested him. While in police custody Lee said his wife was allegedly assaulted by the officer and she reported the matter but nothing came out of it.

“I was in the bar with my wife and my two nephews. When my wife saw him she approached him and she started to get on. I pulled she away and then I told him that the last face he would see before he dead would be mine.”

Lee said Noel began pulling him away when a gun shot was heard and Noel held his chest and ran out the bar. Lee followed and placed Noel in his cousin’s car and they went to the Arima Hospital where Noel died.

“Bailey’s Bar is my wife’s uncle bar. Why would he try to rob somebody at his uncle’s bar? That making sense to you?” Lee asked.

Lee said he will not allow his nephew’s name to be dragged through the mud. He said he gave a statement to police and is waiting on an officer of the Homicide Bureau to contact him as promised.

“I was the aggressor. I want justice and for my nephew’s name to be cleared. Remember the Moses law! My family will not grieve without getting justice.”

Noel’s mother Lisa Noel said her son was always a peacemaker. She said he rented an apartment on the Eastern Main Road, D’Abadie and would frequent his uncle’s bar.

The last of her three children and her only son, Noel said he was an ambitious young man who did deliveries for a bottled water company and would often help her out on her farm.

“I worked in police stations doing maintainance and police never had to come to my door for my son or had to tell me they looking for him for anything. My son would work and spend his money on his friends.”

Lee said he called his nephew out of his bed on Thursday night to assist him with final preparation for the opening of his bar on Friday evening, in time for the world cup. He added that the family has already made contact with an attorney and will be seeking every available avenue for justice.

In an unrelated police involved shooting, a man killed by police during a home invasion was identified.

Zion Roberts –

The man was identified as Zion Jomol Roberts, 22 of Prizgar Lands Laventille. According to police they were on patrol at around 2.56 am on Monday when they received a report of a robbery at Seventh Avenue, Barataria.

The officers went and saw several men standing near a window and called out to them. The men jumped over a wall and ran. While running from police two of the men reportedly pointed guns at them.

Police shot at the men killing Roberts and injuring another. Three others were held.

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Black Immigrant Daily News

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he Eastern Caribbean Central Bank (ECCB) is aware of the recent increase in the activities of Bitcoin Cash in the Eastern Caribbean Currency Union (ECCU) and advises the public that the ECCB does not regulate Bitcoin Cash.

The public is hereby advised to be mindful of the risks associated with utilising Bitcoin Cash or any cryptocurrency as a payment or investment instrument.

The ECCB reminds the public that the Eastern Caribbean (EC) Dollar, together with its digital form, DCash, remains the sole currency which bears the status of legal tender in the ECCU.

SOURCE: Eastern Caribbean Central Bank

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