Appeal Court rules against drug convict’s bid to retain $500m in asset Loop Jamaica

Black Immigrant Daily News

The content originally appeared on: Jamaica News Loop News

A Jamaican man who was convicted of drug charges in the United States has lost his bid to retain J$500 million in assets that have been ordered forfeited by the crown.

The convict, Andrew Hamilton, was dealt a blow in his legal challenge by the Court of Appeal on Friday, with a ruling that his application to appeal a Supreme Court order for the forfeiture of his assets has been refused.

Further, the Appeal Court said his application for a stay of execution of the order has also been refused.

Hamilton, a former policeman locally, had jointly filed the applications with two other persons.

It was reported that he was convicted of narcotics charges in 2014, and was sentenced to four years in prison.

Shortly after his conviction, the US Drug Enforcement Agency (DEA) had made a request to Jamaican law enforcement authorities for a probe into Hamilton’s assets and wealth.

This led to a probe by the Financial Investigations Division (FID), which later discovered the staggering wealth and asset base of the drug convict, which included several lavish houses and apartments in upper St Andrew, along with motor vehicles and a fishing vessel.

In reacting to the latest development in the case, the FID’s Principal Director of Investigations, Keith Darien, said the agency and “its law enforcement partners are quite pleased with the ruling of the Court of Appeal.

“We have a lot of confidence in the justice system and we will contest any challenge (that is) mounted by a defendant who we believe obtained property from unlawful conduct,” said Darien in a statement.

NewsAmericasNow.com

Church groups call on Enterprise residents not to cower in fear

Black Immigrant Daily News

The content originally appeared on: Trinidad and Tobago Newsday

News

Members of various church groups during an anti-crime rally in Enterprise, Chaguanas on Saturday. – Roger Jacob

Church group in Enterprise, Chaguanas used prayers to combat evil and gang violence during a rally on Saturday which was triggered by the murder of a nine-year-old boy on October 15.

The event was hosted by the Church in Action Foundation (CIAF) which began at Esmeralda Sports Ground in Cunupia.

The walk started at around 10 am in Cunupia and ended at the African Recreation Grounds where Jomol Modeste was shot dead where he had gone to play football.

Chairman of the foundation Natalie Paul-Harry said the foundation’s vision “is to establish Enterprise as a modern community.”

She said the idea was to “bombard the atmosphere with prayers and praise.”

The group made up of mostly children and teenagers wearing white stopped at six recreational grounds in the community sharing the word of Christ.

They were accompanied by members of the police service and defence force.

Paul-Harry added, “Our weapons are not physical because we understand that there was spiritual dimension to the pervading issues.”

Deborah Jeffery, a member of the foundation, said aside from the walk, the foundation also offered counselling and ministering to families who were affected by violence in the community.

“Families are hurting, families are definitely hurting, but it’s not just families who were affected directly as the community is hurting. You have been seeing people not going out as they would have normally done. People are feeling a sense of insecurity, so this particular initiative is to bring back a sense of security.”

Jeffery said in her eyes, the reason the group stopped at all of the groups in the area was to give residents a sense of comfort and help them “take back” the nation.

Some of the children who came out to support the anti-crime rally in Enterprise, Chaguanas on Saturday. – Roger Jacob

At the foundation’s last stop, pastor Colin Jack of Proballo Evangelical Ministry echoed Jeffery’s words. He said since members of his congregation live around the area, he noticed how they and their children have been second guessing their outdoor exercise time.

“Obviously anything happening to one child could have happened to any one of them because at the time, it was a simple football match. We’re accustomed to having loads of football matches at this ground (African Recreation Grounds) where we instil a sense of purpose in the young people, so for something like that to happen to Jomol, it would have affected each and every child within the community.”

Though Modeste’s family was not present, Jack said members of the group and the church had reached out to the family to give support.

“We who are the strongest ones at the moment will show up and we will do what we can to ensure there are no other young people that will suffer to the fall of senseless acts.”

He added, “It’s time for us not to sit down or be fearful. It’s for us to ensure that we can live our lives as normal, do what we are accustomed doing and we are stronger together.”

Jack said Enterprise is a great place for people to raise their families and he added that there are other initiatives for the development of the community that people can look out for.

The Christian leaders sentiments were echoed by a Pan Trinbago official, on Friday night, when two Enterprise-based single pan bands opened the preliminaries in this category for Panorama 2023. The bands were Pan Angels of Badase Street and New Age Trendsetters of Francois Street.

Supporters, among them many young people, came out to the panyards to cheer on the bands, prompting Pan Trinbago PRO Whitfield Weekes to declare in a Sunday Newsday interview, “Pan is the answer to crime.”

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‘Ik voel dat het iets kan worden met de viool erin’

Black Immigrant Daily News

The content originally appeared on: De Ware Tijd Online

Tekst Steven Seedo “Ik hou van deze persoonlijkheden. Eenieder heeft zijn eigen unieke verhaal. Dat we samenwerken en iets heel

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Biden cherchera à fixer des lignes rouges lors de son tête-à-tête avec Xi

Black Immigrant Daily News

The content originally appeared on: Martinique FranceAntilles

Le président américain Joe Biden a déclaré dimanche qu’il chercherait à établir des “lignes rouges” dans les relations tendues entre les Etats-Unis et Pékin au cours de sa rencontre à fort…

Le président américain Joe Biden a déclaré dimanche qu’il chercherait à établir des “lignes rouges” dans les relations tendues entre les Etats-Unis et Pékin au cours de sa rencontre à fort enjeu avec son homologue chinois Xi Jinping.

M. Biden a estimé qu’il abordait la rencontre de lundi, en marge du sommet du G20 en Indonésie, “renforcé” après le succès inattendu du parti démocrate aux élections de mi-mandat.

Les deux hommes ne manquent pas de sujets à débattre, Washington et Pékin étant à couteaux tirés sur des questions allant du commerce aux droits de l’Homme dans la région chinoise du Xinjiang, en passant par le statut de Taïwan.

“Je connais Xi Jinping, il me connaît”, a-t-il ajouté, affirmant qu’ils ont toujours eu des “discussions franches”.

Les deux hommes ont une relation qui remonte à plus d’une décennie, à l’époque où Joe Biden était vice-président, mais lundi, ils se rencontreront en face à face pour la première fois dans leurs rôles actuels. 

“Nous avons très peu de malentendus. Nous devons juste déterminer quelles sont les lignes rouges”, a avancé le président américain.

Selon la Maison Banche, il pressera Pékin de jouer de son influence pour maîtriser la Corée du Nord qui vient de procéder à une série record de tirs de missiles, semblant se préparer à conduire le 7e essai nucléaire de son histoire.

Le parti de M. Biden a conservé le contrôle du Sénat américain grâce à la réélection de la candidate démocrate du Nevada, Catherine Cortez Masto, annoncé samedi par les médias américains.

“Je sais que j’arrive renforcé”, a-t-il déclaré à propos de l’impact de ce succès sur ses entretiens avec M. Xi.

Le président américain rencontre dans l’après-midi le Premier ministre japonais Fumio Kishida et le président sud-coréen Yoon Suk-yeol, que la crise avec Pyongyang a rapprochés, malgré des différends historiques entre leurs pays.

Trilatérale avec Japon et Corée du Sud

La Chine est le principal allié de Pyongyang et les responsables américains affirment que, si M. Biden ne posera pas d’exigences, il préviendra M. Xi que la poursuite du programme de missiles et du nucléaire signifierait que les Etats-Unis renforceront leur présence militaire dans la région, ce à quoi Pékin s’oppose farouchement.

“La Corée du Nord représente une menace non seulement pour les Etats-Unis, non seulement pour (la Corée du Sud) et le Japon, mais aussi pour la paix et la stabilité dans toute la région”, a insisté la Maison Blanche.

Pyongyang a justifié son action en réaction aux plus grandes manoeuvres aériennes jamais réalisées par les Etats-Unis et la Corée du Sud.

Les essais comprenaient un missile balistique intercontinental et un autre projectile de plus courte portée qui ont de facto franchi la frontière maritime et plongé près des eaux territoriales du Sud pour la première fois depuis 1953.

M. Biden s’est entretenu dimanche avec le Premier ministre australien Anthony Albanese, un allié régional clé et membre du groupe de sécurité Quad. Pékin considére ce groupe diplomatique qui comprend l’Australie, les États-Unis, le Japon et l’Inde, comme une tentative de l’isoler en Asie.

Poutine grand absent

M. Biden s’est rendu à Phnom Penh après la conférence sur le climat COP27 dans le cadre des efforts déployés par les Etats-Unis pour renforcer leur influence en Asie du Sud-Est afin de contrer la Chine. 

Ces dernières années, la Chine a montré les muscles par le biais du commerce, de la diplomatie et de la puissance militaire, dans une région qu’elle considère comme son arrière-cour stratégique.

M. Biden a déclaré dimanche devant les participants du sommet de l’Asie de l’Est, dont le Premier ministre chinois Li Keqiang, que les États-Unis dénonceraient les violations des droits humains commises par Pékin, selon un communiqué de presse de la Maison Blanche.

Washington critique depuis longtemps les efforts déployés par Pékin pour saper les normes internationales dans des domaines aussi variés que la propriété intellectuelle, les droits humains ou le droit maritime.

Joe Biden et Li Keqiang, le Premier ministre chinois, étaient séparés samedi à la table du dîner de gala par l’hôte de la cérémonie, le Premier ministre cambodgien Hun Sen.

MM. Biden et Xi abordent le G20 portés par de récents succès chez eux: les résultats électoraux des démocrates pour le premier, et l’obtention d’un troisième mandat historique à la tête du pays pour le second.

Le chef de la diplomatie russe Sergueï Lavrov sera également présent. L’invasion russe de l’Ukraine risque de revenir sur la table de la séquence chargée qui arrive, entre G20 à Bali et le Forum de l’Asie-Pacifique (Apec) à Bangkok, où il continuera de représenter le président Vladimir Poutine.

bur-ah/juf/del/ybl/ia

Images d’archives des présidents américain Joe Biden (g) et chinois Xi Jinping
• MANDEL NGAN

Le leader nord-coréen Kim Jong Un apparaît sur un écran de télévision dans une rue de Tokyo, le 3 novembre 2022
• Richard A. Brooks

NewsAmericasNow.com

Biden cherchera à fixer des lignes rouges lors de son tête-à-tête avec Xi

Black Immigrant Daily News

The content originally appeared on: Guadeloupe FranceAntilles

Le président américain Joe Biden a déclaré dimanche qu’il chercherait à établir des “lignes rouges” dans les relations tendues entre les Etats-Unis et Pékin au cours de sa rencontre à fort…

Le président américain Joe Biden a déclaré dimanche qu’il chercherait à établir des “lignes rouges” dans les relations tendues entre les Etats-Unis et Pékin au cours de sa rencontre à fort enjeu avec son homologue chinois Xi Jinping.

M. Biden a estimé qu’il abordait la rencontre de lundi, en marge du sommet du G20 en Indonésie, “renforcé” après le succès inattendu du parti démocrate aux élections de mi-mandat.

Les deux hommes ne manquent pas de sujets à débattre, Washington et Pékin étant à couteaux tirés sur des questions allant du commerce aux droits de l’Homme dans la région chinoise du Xinjiang, en passant par le statut de Taïwan.

“Je connais Xi Jinping, il me connaît”, a-t-il ajouté, affirmant qu’ils ont toujours eu des “discussions franches”.

Les deux hommes ont une relation qui remonte à plus d’une décennie, à l’époque où Joe Biden était vice-président, mais lundi, ils se rencontreront en face à face pour la première fois dans leurs rôles actuels. 

“Nous avons très peu de malentendus. Nous devons juste déterminer quelles sont les lignes rouges”, a avancé le président américain.

Selon la Maison Banche, il pressera Pékin de jouer de son influence pour maîtriser la Corée du Nord qui vient de procéder à une série record de tirs de missiles, semblant se préparer à conduire le 7e essai nucléaire de son histoire.

Le parti de M. Biden a conservé le contrôle du Sénat américain grâce à la réélection de la candidate démocrate du Nevada, Catherine Cortez Masto, annoncé samedi par les médias américains.

“Je sais que j’arrive renforcé”, a-t-il déclaré à propos de l’impact de ce succès sur ses entretiens avec M. Xi.

Le président américain rencontre dans l’après-midi le Premier ministre japonais Fumio Kishida et le président sud-coréen Yoon Suk-yeol, que la crise avec Pyongyang a rapprochés, malgré des différends historiques entre leurs pays.

Trilatérale avec Japon et Corée du Sud

La Chine est le principal allié de Pyongyang et les responsables américains affirment que, si M. Biden ne posera pas d’exigences, il préviendra M. Xi que la poursuite du programme de missiles et du nucléaire signifierait que les Etats-Unis renforceront leur présence militaire dans la région, ce à quoi Pékin s’oppose farouchement.

“La Corée du Nord représente une menace non seulement pour les Etats-Unis, non seulement pour (la Corée du Sud) et le Japon, mais aussi pour la paix et la stabilité dans toute la région”, a insisté la Maison Blanche.

Pyongyang a justifié son action en réaction aux plus grandes manoeuvres aériennes jamais réalisées par les Etats-Unis et la Corée du Sud.

Les essais comprenaient un missile balistique intercontinental et un autre projectile de plus courte portée qui ont de facto franchi la frontière maritime et plongé près des eaux territoriales du Sud pour la première fois depuis 1953.

M. Biden s’est entretenu dimanche avec le Premier ministre australien Anthony Albanese, un allié régional clé et membre du groupe de sécurité Quad. Pékin considére ce groupe diplomatique qui comprend l’Australie, les États-Unis, le Japon et l’Inde, comme une tentative de l’isoler en Asie.

Poutine grand absent

M. Biden s’est rendu à Phnom Penh après la conférence sur le climat COP27 dans le cadre des efforts déployés par les Etats-Unis pour renforcer leur influence en Asie du Sud-Est afin de contrer la Chine. 

Ces dernières années, la Chine a montré les muscles par le biais du commerce, de la diplomatie et de la puissance militaire, dans une région qu’elle considère comme son arrière-cour stratégique.

M. Biden a déclaré dimanche devant les participants du sommet de l’Asie de l’Est, dont le Premier ministre chinois Li Keqiang, que les États-Unis dénonceraient les violations des droits humains commises par Pékin, selon un communiqué de presse de la Maison Blanche.

Washington critique depuis longtemps les efforts déployés par Pékin pour saper les normes internationales dans des domaines aussi variés que la propriété intellectuelle, les droits humains ou le droit maritime.

Joe Biden et Li Keqiang, le Premier ministre chinois, étaient séparés samedi à la table du dîner de gala par l’hôte de la cérémonie, le Premier ministre cambodgien Hun Sen.

MM. Biden et Xi abordent le G20 portés par de récents succès chez eux: les résultats électoraux des démocrates pour le premier, et l’obtention d’un troisième mandat historique à la tête du pays pour le second.

Le chef de la diplomatie russe Sergueï Lavrov sera également présent. L’invasion russe de l’Ukraine risque de revenir sur la table de la séquence chargée qui arrive, entre G20 à Bali et le Forum de l’Asie-Pacifique (Apec) à Bangkok, où il continuera de représenter le président Vladimir Poutine.

bur-ah/juf/del/ybl/ia

Images d’archives des présidents américain Joe Biden (g) et chinois Xi Jinping
• MANDEL NGAN

Le leader nord-coréen Kim Jong Un apparaît sur un écran de télévision dans une rue de Tokyo, le 3 novembre 2022
• Richard A. Brooks

NewsAmericasNow.com

Fear factor cripples economy, says experts

Black Immigrant Daily News

The content originally appeared on: Trinidad and Tobago Newsday

News

Investigators at the scene where brothers Elvis Hernandez and Nirmal Rambaran were shot dead at the Tunapuna public cemetery on October 29. – ROGER JACOB

Experts say the current murder and crime rates have made the general population feel they could become victims at any time, causing fear and threatening the stability of the country.

Up to Saturday afternoon, the murder toll was 529 equalling TT’s record in 2008. The figure up to November, 2021 was 322.

Speaking with Sunday Newsday, criminologist Daurius Figueira said if the number of murders in November and December were on par with October, TT would cross 600 murders this year. However, he said the current “murder spree” really began in 2017.

“The reason for it is the same reason for the increased murder rates in 2017, 2018 and 2019, so it’s a continuation. It took a break in 2020 because of the pandemic, but in 2021 it started back and then exploded in 2022. That reason is a war between two different models of trans-national organised crime that is going on in TT.”

He said Colombians traditionally dominated the drug trade in TT, but Mexicans “moved in and knocked them over.” He believed it was the retaliation by the Colombian-controlled group that caused the war.

Police officers visit the area where Jomol Modest lived in Enterprise, Chaguanas on October 16. The nine-year-old got shot and killed when gunmen fired at residents, including at children playing on African Grounds on October 15. – AYANNA KINSALE

He said the Mexican affiliates in TT were all from “gang lands” or areas controlled by gangs. These areas were not necessarily “hot spots” as some of the areas, spread all over TT, were “quiet.” Most of those connected to the Colombians were also affiliated with gangs, but some were not.

Nevertheless, most “top-tier” gangs were local operatives of the cartels, and the foot soldiers were generally the ones being killed.

Figueira said what made the war especially bloody was the importation of assault rifles, which were being bought from the US as the price of automatic weapons in South America was much higher. One of the more popular assault rifles was the AR15s, which made multiple homicides possible in one attack.

“The next thing that has sent the murder rate escalating, is the way in which this war is being fought, where you have those who don’t care who they kill in order to get at a target.

“Then, you have people going around killing people who have no connection to the war. What they are doing is destabilising the society with gun violence.”

He said, in the latter instance, the gangs were choosing situations and occasions to open fire on people. He said it was an old Colombian technique to spread fear amongst the population and promote their political agenda.

“If only one type of people, say gangsters, were getting killed, no one would be raving for a solution. But when you start to shoot little children, shoot up football fields with people, and others who have nothing to do with gangs, wouldn’t that create pure fear and unrest? It is to impact politics.”

He claimed Venezuelans were not directly involved with the gangs but some were associated with the Colombians and therefore were contributors to the war.

“Who you think brings them here illegally and smuggling them over on the boats? The Colombians own them. That’s why they don’t give up any criminals amongst themselves. They aren’t all victims.”

He said it was the duty of politicians to fix agencies of the State that were not functioning well. Since the illegal gun trade in TT was driving the violence, and the guns were passing through legal ports, the politicians were failing to do their job, allowing a “tidal wave” of illegal automatic weapons in the country.

“The police have no power to stop the guns from coming through the legal ports. That is Customs and Excise (Division)’s work. The politicians have to fix Customs and Excise because not enough is being done to stop the gun pipeline from America bringing in these AR15s.

“It is totally illogical to expect the police to seize guns, clean up all the guns, when the port is a free-for-all.”

“As the illegal firepower in TT evolved into the assault rifle bracket, so too the gun violence evolved into a torrent of murder. If you want to reduce the murder rate, you have to plug the hole the guns are coming through.”

The funeral for murder victims Korey Clarke and Samantha Patrick took place at Mt St Jude Spiritual Baptist Church, St James on Wednesday. The couple were shot dead at their home on October 27 and three men have been charged for the killings. – AYANNA KINSALE

He said from the time a human got their hands on a gun, they felt “like superman.” “If they wanted to kill and they could easily get the means to do so, there was nothing to stop them from doing it.”

Prof Derek Chadee, co-ordinator of the UWI Psychology Unit, agreed TT was in “a serious situation.”

Comparing TT to Canada, he mentioned there were 30.5 murders per 100,000 people in TT in 2015, while in Canada, there were about 1.7 murders per 100,000. When murders crossed 500 last Saturday, the statistics were about 38 per 100,000 in TT, and about two murders per 100,000 in Canada.

Those high numbers, he said, had a psychological impact on citizens. This week the US State Department issued an advisory to Americans to reconsider travel to TT.

With crime in general, those directly impacted could become depressed, or feel a sense of shame and embarrassment. Those with indirect experience, who learn about it through word of mouth, or through social or traditional media, could feel a sense of helplessness. While all could feel fear and anxiety.

“The psychological impact of that really is that people feel a sense of a loss of control. There is anger towards those who are in authority, and the feeling that much more is needed.”

Although, to be fair, he said a lot could be happening behind-the scenes that the police and Ministry of National Security could not reveal for reasons of security or not tipping off criminals.

Factors that influence fear of crime or “risk of victimisation” include rumours, the severity of the crime itself, location and the media. With location, it could be that some in rural areas may feel isolated and vulnerable, or their distance from the scene of an individual’s direct experience with crime.

The media could contribute if crime was presented in a graphic way.

“The media has a responsibility and the public needs to know what’s happening. But also, the way it’s reported could heighten the fear of crime within communities that may be disturbed or are not well-organised.

“Fear has implications. It could prevent us from engaging with our community, keeping us from the kind of solidarity we may need to form bonds within the community to have that cohesiveness.”

Another response to fear was the use of protective and defensive measures such as security cameras, walking in groups, installing burglar proof, getting legal firearms, and even denial.

“Denial is a defensive mechanism people utilise to reduce their fear levels when they focus on more positive things around them.”

Chadee added that fear could empower the “agents of fear” and they had greater power when they used as weapons in their activities.

“The fearful are motivated to withdraw from interacting with potentially dangerous situations, and discourage relatives and friends from doing similarly.

“In so doing, it leads to a sense of control for those who create the fear. They become emboldened. That creates a sense of efficacy among the criminals, using the psychology of fear to enter a particular place or area.”

Factors important in accessing murders, he said, included circumstances surrounding the murder, geographical concentration, the intended and unintended victims, the relationships of the victims to the perpetrators, and more. While those factors did not diminish the dread of the crime but it helped people to understand, so they could make interventions.

He believed TT needed “a sense of humanity” which should be instilled at an early age through the family system but especially in schools. At school, morals or civics could be taught systematically using simple activities that allowed children to connect to people and the environment, rather than just smart devices and technology.

“That sense of interaction and social engagement are so important for human living, respect and appreciation of each other. That needs to be built in a very systematic way along with consideration for the needs of the Gen Z, which is also a digital engagement.”

Prof Ramesh Deosaran, professor emeritus of criminology and social psychology at UWI and a former independent senator, said the increase in the murder rate and the number of home invasions, which seemed random, made people expect to be a victim any time and anywhere.

He said crime was a public health issue as it could cause people to be dispirited, demoralised, afraid to leave their homes, turning TT into an introverted society, which was a “dangerous” psychological state to be in today and for the future.

“That has social, economic and psychological implications. People feeling it could be them at any point creates a very unhealthy system for a democratic society.

“If it continues to be so, we would end up with a frightened society, very introverted. There would be less opening of businesses, likely less shopping, and eventually everybody would be looking to leave for North America.”

He said the Commissioner of Police inherited a police service that urgently needed to be restructured in terms of equipment, technology, and human resources. He believed the entry qualifications were outdated and no longer worked to produce an efficient, effective and professional police force.

“It might be like putting new wine in old bottles when you provide sophisticated technology without having the human resource capacity to utilise these effectively.

“And the politics of the country today is not very friendly to improving both the police service and the policies required to ease public fear and help control and manage crime. We need to inspire better collaboration of all the parties involved in Parliament and in the public domain – be it business, labour, church – because without that national collaboration, we would only reach halfway without finishing it.”

He said the increase in the murder rate should create a sense of urgency in all relevant parties but they should not expect an overnight solution to crime since it “crept up” on the country over decades.

Deosaran agreed that the assault rifles coming into the country was one of the main contributors to the murder rate. He said when the police seized the guns, they looked old and well-used, and were most likely discarded by the US after they were used in wars.

He said the Strategic Services Agency repeatedly told the government that guns were coming into TT through both legal and illegal points of entry, and he and others had been pressing the authorities to control and monitor the country’s borders since 1977.

“Without plugging all those leakages, we will not get the results we want. The murder rate will remain as steady or even climb much higher in the coming years.”

NewsAmericasNow.com

Parliament to make it harder to convict MPs for abuse of public office Loop Cayman Islands

Black Immigrant Daily News

The content originally appeared on: Cayman Compass

According to a new Bill seeking to amend the Anti-Corruption Act (the “Act”), it is proposed that it become more difficult to prove that a person is guilty of abuse of public office. This is according to a Legislative Gazette published on November 7, 2022.

The specific provision, section 17 of the Act, currently states that:

A public officer or a member of the Legislative Assembly who does or directs to be done, in abuse of the authority of his office, any arbitrary act prejudicial to the rights of another commits an offence and is liable on summary conviction to imprisonment for a term of two years.

The proposal being made by Parliament, although unseen by many people, will change this wording to require proof that a member of Parliament intentionally abused his or her authority of office in directing a thing to be done.

By having to prove an MP’s intent, the job of the Anti-Corruption Commission may now be harder.

It may be more difficult because the proof of “intent” could be an incredibly complex exercise, possibly requiring one to prove what was the relevant MP’s state of mind at the time, including whether he or she could foresee a particular consequence as being a natural consequence of his or her actions.

It may be the case that when members of the public learn of this proposed change, they may want to speak with their MP about the rationale for the change as the current wording appears to make an MP or public officer strictly liable for abuse of the power of their office, without having to decipher what was or what was not the MP’s intent.

For members of the public who wish to see this and other proposed changes to the Act, they may visit the below link:

http://gazettes.gov.ky/portal/pls/portal/docs/1/13216559.PDF

NewsAmericasNow.com

Fines for selling “numbers” to increase to $2,500 or imprisonment Loop Cayman Islands

Black Immigrant Daily News

The content originally appeared on: Cayman Compass

If you are betting or gambling on a cruise ship while it is in international waters or you are participating in a raffles staged by a church, service organization or voluntary associations to raise funds for their programmes, then Cayman’s Gambling Act does not apply to you. You may therefore not be charged with any gambling offences.

However, if you are found betting in a local bar or throwing dice for stakes on the roadside or trying your chances at a common gaming house, you may be guilty of an offence under the Gambling Act and subject to higher fines and/or imprisonment under the proposed changes to the Gambling Act. The application and enforcement of the Gambling Act and amendments (if passed), however, may prove to be problematic because of misunderstandings as to what is a “common gaming house” and the fact that you only have to be present in one for the police to presume you committed an offence.

Common gaming house

To illustrate how wide net caught by the definition of “common gaming house” is, the Gambling Act defines it as follows:

‘common gaming house’ includes any place kept or used for gambling, to which the public, or any class of the public, has or may have access, and any place kept for habitual gambling, whether the public, or any class of the public, has or may have access thereto or not, and any place kept or used for the purpose of a public lottery.

By this definition, any place that the public has access to might be deemed to be a common gaming house depending on what police suspect is going on there or who frequents the establishment.

If convicted of playing a game for stakes in a local bar, barber shop or clothing store and that place is said to be a common gaming house, you should note that the proposed amendments to the Gambling Act state that the current fine of ten dollars will be raised to two thousand five hundred dollars or to imprisonment for a term of six months, or to both.

The Gambling Act goes further to imply that, even if you are not playing a game of stakes but you are found in a common gaming house, or found escaping therefrom, you shall be presumed to have been playing therein. In other words, if you decided to check out a new bar or get your hair cut at a barber shop considered to be a common gaming house, you may find yourself in trouble on your way out the door if the venue is raided by the police one night for gambling. This may happen because the Gambling Act presumes that you were gambling at the location unless you can prove otherwise.

In addition, if you are the owner of one of these establishments, the new amendments to the Gambling Act mean that, if convicted of an offence of permitting the relevant place to be used as a common gaming house, the fine will increase from a mere four hundred dollars to ten thousand dollars or to imprisonment for a term of four years, or to both if the proposed amendments are passed in Parliament.

Unintended effects

Once the above changes to the Gambling Act are implemented, it is suspected that the police will ramp up their enforcement of the provisions of the Gambling Act, resulting in more raids, fines and arrests.

However, since some mom-and-pop shops and other small local businesses are said to be common locations for lottery sales (sometimes without the knowledge or consent of the owners), any overzealous enforcement by the police may have the unintended effect of disproportionately targeting small Caymanian business owners.

This may happen because law enforcement may conclude that certain types of small businesses mentioned above “fit the profile” for a common gaming house, leading some owners to be wrongfully accused of allowing their place to be used as a common gaming house. With Cayman being such a place, such wrongful accusations could lead to the destruction of reputations and loss of income, which are undesired outcomes for an innocent business owner who may already be struggling financially.

Public education necessary before changes made

For the foregoing reasons, including the room for confusion about which places might be deemed to be common gaming houses, policy makers are encouraged to hold public meetings as soon as possible to explain to members of the public the consequences of illegal gambling or playing a game for stakes in a common gaming house or simply being present in one at the time of a police raid.

Doing this may deter persons from using other people’s establishments as common gaming houses without the owners’ knowledge and may deter illegal gambling in general.

As an alternative to the proposed changes to the Gambling Act, policy makers should also consider whether lottery activities should be legalised and become regulated rather than remaining as offences.

Such regulation could include requirements for periodic inspection, subjecting relevant establishments to anti-money laundering rules and forcing them to have a minimum number of security personnel on staff and on the site at all times (to prevent crime and keep patrons safe).

Under a regulatory licence infrastructure, if the government charges gambling licence fees to vendors, this may also add much needed revenue to government coffers. This could be allocated to education, the environment or other area where funding is lacking.

Notwithstanding these suggestions, Cayman must ultimately get to the root of the problem i.e., the real reason that illegal activity is occurring in the first place. Without dealing with this important point, some form of illegal activity will always occur.

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PM promises $ for farmers hit by floods

Black Immigrant Daily News

The content originally appeared on: Trinidad and Tobago Newsday

News

A farmer’s field in Penal remains under water on Friday after recent flooding. –

Financial assistance to farmers who qualify will be given to them as soon as possible so they could begin replanting after the destruction of crops by recent flooding, the Prime Minister has assured.

Dr Rowley made the statement on Friday in response to the PM’s questions in Parliament about the expected increase in food prices due to crop losses, saying he expected the prices in the markets to be reasonable.

“What we anticipate is that we will take every step possible to restart the agricultural production after, and we expect those who have not been flooded out will not take the opportunity to price gouge as the shortage occurs in the situation where some farmers have lost their crops.”

Asked if those affected by recent heavy rainfall would be compensated for their losses with the US$5.84 million or TT$39.42 million the government received from the Caribbean Catastrophe Risk Insurance Facility, he said the money would be placed in the Consolidated Fund.

“The money is not targeted to give individuals because the government spends money, whether or not it comes from this insurance source. And therefore, the insurance money will come back into the consolidated fund as the government continues to spend, without limit…

“So whatever relief is to be provided to citizens will be provided from the consolidated fund through the various ministries. This insurance is simply a matter of the government getting back some money for what it would have spent in this instance.”

He said the government had been providing targeted support as the country’s economic circumstances allow.

Multiple agencies including the Defence Force, the disaster management units of the 14 municipal corps, SWMCOL and various ministries such as Works and Transport, Public Utilities, and Agriculture Land and Fisheries were instructed by the PM to provide relevant relief to citizens.

Citizens were also assisted by temporary food relief, disaster assistance grants when they qualify, and advisories on the state of water courses.

He said the government had also taken steps to minimise the impact of rising food prices by VAT removal on many items in 2021 including salted and canned fish, cheddar cheese, frozen french fries, refined sugar, corned beef, soy beans, and cooking oils.

Agricultural Society of TT president Daryl Rampersad and member Suren Ramkissoon gather crates of seedlings for distribution to farmers affected by recent floods. – Photo courtesy Agricultural Society

“There has also been a suspension of the common external tariff, the CET, and the government has pursued this matter and a list of over 20 basic food items. These items were approved on the level of Caricom in accordance with Article 83(3) of the revised Treaty of Chaguaramas and implemented at the national level for the period January 1, 2021 to December 21, 2022.”

Asked if the government intended to remove VAT on the 7,000 food items the People’s Partnership government marked as zero-rated during its tenure, Rowley gave an emphatic no.

“The government does not intend to do that because in that 7,000 were a large number of what is considered unessential luxury items which were benefiting from a reduction in VAT.

“We see no benefit on the country reducing VAT to increase the import of luxury, unessential items. That is the action of a populace irresponsible government and that government is not in office today.”

He added that government had ensured the EximBank is well-funded so no excessive costs would be applied to manufacturers because of an unavailability of foreign exchange. He said US$1.2 billion was available to manufacturers and importers of essential goods to facilitate the financing of food.

“And of course we have taken steps to increase local fresh food production and encourage the consumption of such local fresh foods.”

National Agricultural Marketing and Development Corporation (Namdevco) CEO Nirmalla Debysingh told Sunday Newsday she could not comment on any estimated losses, prices increases, or shortages at this time because the company was in the process of reviewing data.

However, she said, “The government has offered a lot of incentive programmes and grants for farmers to utilise production systems that could mitigate against adverse weather patterns. In addition, there are many external stakeholder companies who are teaching farmers about climate change and introducing them to new practices.”

Namdevco and the Ministry of Health were also encouraging farmers not to eat or sell crops after flooding to reduce the chances of contracting leptospirosis, which is contracted from the urine of infected rats and cattle, or contaminated water. The bacteria can not be “washed off” and could survive in soil, water or food for weeks.

“It is a food waste but it can be made into compost, the seeds could be used for replanting, or something that could be otherwise utilised,” Debysingh said.

“Farmers are advised to get rid of those crops because the last thing you want is a sick population that can not eat. And you don’t want to have people becoming sick because they ate your food. Chances are they would not want to buy from you again.”

Symptoms could include fever, headache, muscle ache, jaundice, vomiting, diarrhea and skin rash. More serious symptoms could include chest pain as well as swollen arms and legs.

She said there may be signs of stress on the produce but it was very difficult to tell if crops had been in flood water.

In the meanwhile, over the next four weeks, the Agricultural Society of TT and the Ministry of Agriculture will give away over 30,000 seedlings to 100 farmers devastated by floods, Giant African snails and locusts. Farmers from across the country would also receive hampers with insecticides, fungicides and fertilisers.

The seedlings included sweet pepper, tomato, cucumber, ochro, lettuce, patchoi and hot peppers. And the farmers identified as most in need were from Wallerfield and Cumuto, Macoya, Bon Air, Sangre Grande, Matura, Kernahan, Mayaro and Moruga.

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EMA moves to cast wider net to protect Caroni Swamp

Black Immigrant Daily News

The content originally appeared on: Trinidad and Tobago Newsday

News

Flat-bottom boats used by tour operators for bird watchers in the Caroni Swamp. – JEFF K MAYERS

Overfishing, poaching, squatting, chemical, plastic and other pollutants, rising sea levels all threaten the biodiversity in the Caroni Swamp – the largest mangrove wetland in TT and home to one of the national birds, the scarlet ibis.

As part of a US$30 million pilot project funded by the Global Environment Facility (GEF) through the Food and Agriculture Organization of the United Nations (FAO), the Environmental Management Authority (EMA) has begun phase one to designate over 3,200 hectares an environmentally sensitive area (ESA).

Recently, the EMA issued request for proposals for consultancy services for the re-assessment and delineation of the boundaries of the Caroni Swamp in keeping with its mandate.

The EMA says the designation and management of the Caroni Swamp as an ESA is in accordance with the ESA Rules, 2001 and will mitigate against “irreversible damage to the protected area’s resources and values.”

By being designated an ESA, the EMA will continue the work done through the Improving Forest and Protected Areas Management (IFPAM) project and also provide an additional measure of legal protection, which will include:

(1) Conservation of natural resources and protection of the environment

(2) Sustainable economic and human development

(3) Logistic support such as environmental education and information sharing

The Caroni Swamp, Nariva Swamp and coastal zone, Matura Forest and coastal zone, Trinity Hills and eastern extension, Main Ridge Forest Reserve and North-East Tobago Marine Protected Area, have been identified as areas which should be declared environmentally sensitive areas in 2018 during the IFPAM project.

The EMA describes the Caroni Swamp as a nesting and breeding site for the scarlet ibis and a breeding ground and nursery for several fish and crustacean species which contribute to the fish stocks in the Gulf of Paria.

The mangrove habitat is home to mangrove oysters, mussels, clams and conch, all of which are harvested for commercial sale.

The swamp is home to over 190 reported bird species including the scarlet ibis, 24 species of fin fish, the silky anteater, the crab-eating racoon, mangrove crab, hairy crab, the caiman and the tree boa.

Operators also depend on the swamp to carry out the sustained eco-tourism business, through tours and bird watching.

In an e-mailed response, to a query as to what changes such a designation would bring to those who use the swamp for eco-tourism, the EMA said “stakeholder consultations will be conducted to ensure conservation of natural resources and protection of the environment, as well as sustainable economic and human development. The re-assessment of the boundaries will start these discussions with key stakeholders, including boat tour operators and other users of the swamp.”

The EMA said changes to the existing boundaries have not yet been fully determined but during the designation process significant threats and impacts will be identified.

The EMA said the swamp serves as a breeding habitat and nursery area for several marine fish and crustacean species of commercial value, which eventually contribute to fish stocks in the Gulf of Paria.

“Although the Caroni Swamp was declared a prohibited area under the Forests Act, Chapter 66:01, in various portions over the period 1954-1966, a game sanctuary under the Conservation of Wild Life Act, Chapter 67:01 and a wetland of international importance (Ramsar site) in 2005, the swamp is under threat as a result of over exploitation of biological resources, poaching of sensitive species, squatting, illegal landfilling and settlement, high levels of pollution, alteration of drainage system and fresh/salt water balance leading to die back of mangrove species. In addition, access to the area is unregulated and current management initiatives are inadequate,” the EMA said.

It said the management plan for the Caroni Swamp protected area that was developed under the IFPAM project examines some of these threats.

Those threats include illegal hunting of birds (including the scarlet ibis), and over-harvesting of fish, shellfish and other wildlife within the swamp.

According to data posted on the Ministry of Agriculture, Land and Maine Affairs, current levels and methods of resource exploitation are perceived to be not sustainable, particularly for oysters and crabs as there is no consistent monitoring programme or data collected on wildlife species found in the swamp.

Changes in freshwater inputs to the swamp, land reclamation for agriculture, widening of existing rivers and channels all affect the salinity of this ecosystem and in turn harm the fish and mangrove.

In addition, harmful chemical runoff from agricultural activities, industrial wastewater and sewage, also affects the water chemistry of the swamp, with knock-on effects on the biodiversity.

Deputy Conservator of Forests Ameer Roopnarinesingh said the designation of the Caroni Swamp as an ESA “will strengthen the existing network and law enforcement for management of the site.”

He said it will also “strategically” improve protection for the flora and fauna already covered under the Conservator of Wildlife Act and environmentally sensitive species (ESS) rules such as the scarlet ibis.

Roopnarinesingh said such as status also enhances the expansion of the legal framework for protected area management through the “legally appointed management advisory committee.”

He said the Forestry Division has the responsibility to manage the swamp’s forest reserve, prohibited areas and its wildlife sanctuary. In addition, its officers collect data, are in charge of maintenance and operation of the Caroni Bird Sanctuary Visitor Centre and visitor protection.

Research by the Institute of Marine Affairs identified climate change, including rising sea-level, can increase the landward migration of mangroves, and exacerbate the loss of the freshwater marshes associated with this system

Another threat identified was forest fires during the dry season that destroys the natural freshwater marshes near the Uriah Butler Highway.

According to the Ministry of Agriculture, the proposed Caroni Swamp pilot protected area is approximately 3,258 hectares and includes all the lands formerly designated as the Caroni Swamp Forest Reserve and also encompasses the areas set aside as the Caroni Swamp Wildlife Sanctuary.

The pilot protected area is bounded on the west by the Gulf of Paria, on the south by the Madame Espagnole River, from the Gulf of Paria to the main north-south drain, eastward by the main north-south drain, from the Madame Espagnole River to the Caroni River and on the north by the Caroni River, from the main north-south drain westward, then northward and westward to the Sea Lots area.

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