Congratulations to the

HWLS team and their coach Mrs.

Giselle Yearwood-Welch.

BY AYODELE MURRAY

THE MEDIATION DEBATE

hosted by the Mediation Board of Trinidad and Tobago (MBTT) was

held on November 8th, 2011 at the Hugh Wooding Law School (HWLS)

as part of MBTTs Mediation Week. The program started with

opening remarks by the Honourable Madame Justice Betsy-Ann Lambert-

Peterson and a message from the Honourable Mr. Justice V. Kokaram.

Following an explanation of the debating ground rules, the two

teams from the University of the West Indies (UWI) and the HWLS

fiercely debated the motion: Be it resolved that Mediation is the Best

Approach to Conflict Resolution before the panel of judges which

consisted of Her Honour Sandra Paul, Rev. Adrian Sieunarine and Mr.

Dale Enoch, the moderator being Mr. Andrew Johnson.

Heather Richards (UWI), arguing for the motion, energetically

and confidently delivered her intro-duction, making the point that it

was her teams goal to demonstrate and not debate its position. The HWLS team, which was against the

motion, followed with a passionate introduction by Kerith Kentish who

argued that because conflicts them-selves are so different that no one

method of ADR is the best. Ryan Moren (UWI) gave the rebuttal but

seemed to have been thrown off by the points advanced by the HWLS

team. Shermaine Desnoes (HWLS) spoke eloquently and handled her-

self with grace and charm. Overall the rebuttals and closing arguments

of both teams were full of analogies and vigour, providing the enthusias-

tic and attentive audience in the packed Lecture Hall with infor-

mation and laughter.

The judges declared the HWLS team the winners and com-

mented that the teams arguments were well-structured, engaging and

showed that they had mastered the subject.

UWI vs. HWLS: Mediation Debate

I N TH I S

I SSU E :

The Public Pros-

ecutor is not the

Victims Prose-

cutor

2

Free At Last,

Free At Last

3

Public Speaking

Showdown

6

And Justice for

All?: An ACLI

Experience

7

Mandatory or

Discretionary:

Steps to

Abolition?

8

Why

International

Human Rights

Matter in the

Caribbean

9

Flashbacks of

Term I: SRC

Highlights

10

From Trinidad

to Barbados to

Brooklyn and

Back

12

A First Years Perspective

13

Cultural/Island

Nights

14

The Life of Mrs.

Lya De Freitas

18

D E C E M B E R 2 0 1 1 V O L U M E 3 , I S S U E 2

THE GAVELTHE GAVEL A P U B L I C A T I O N O F

T H E H U G H W O O D I N G L A W S C H O O L

DEBATING CHAMPIONS Kerith Kentish (left) and Shermaine Desnoes (right)

posing with the winners trophy of the Mediation Debate hosted by the Mediation Board of the HWLS, 2011

The Public Prosecutor is not the Victims Prosecutor; allegiance to Justice is on both sides

BY CANDACE SUBERO

MONDAY SEPTEMBER 26TH, 2011 was

a memorable day indeed for all who where privileged to attend a lecture hosted by the

Hugh Wooding Law School (HWLS), delivered by Mr. Kerr Starmer QC, Director of Public

Prosecutions (DPP) of England and Wales. Those present included the HWLS Principal

Ms. Miriam Samaru; the Course Director of Criminal Practice and Procedure, Mr.

Ramgoolam; as well as over 200 first-year HWLS students.

The DPPs presentation was wide-ranging and covered a variety of issues, many

of which were relevant to issues touching and concerning the Office of the DPP in the vari-

ous Caribbean territories. The presentation started off with a discussion of the role and

function of the DPP, which included his essen-tial duty to protect the public while at the same time protecting the accused persons fundamental rights. The DPP further stressed the im-

portance of discretion, and the need for the Office of the DPP to always maintain both

objectivity and independence. The ultimate goal of the DPP, Mr. Starmer QC declared,

was to maintain allegiance to the idea of justice

not just for

the victim, but for both sides.

The DPP further elaborated on the duties of the DPP as including a special duty to

avoid, during the course of investigations, exploitation of children, foreigners, persons with learning disabilities, and even intoxicated persons. He also carefully emphasised the ne-

cessity for all citizens to understand their im-portant role in the judicial process, for exam-

ple their role as jurors and their need to be co-operative as witnesses.

Mr. Starmer QC concluded his presentation by skilfully fielding questions posed by a number of enthusiastic students,

which seemed to be primarily centred on the subject of police practices in Trinidad and To-

bago. Mr. Ramgoolam then delivered the Vote of Thanks to Mr. Starmer QC for a lecture,

which in the opinion of all of the students polled, proved to be a most insightful and

thought-provoking experience. The student body certainly hopes

that more persons of the DPPs stature will find the time to visit the HWLS in order to

impart the benefit of their experience and knowledge to all their lecturers. We again

thank the Principal and Mr. Starmer QC for making this lecture possible.

T H E G A V E L

Credits THE GAVEL is the official

newsletter of the Hugh

Wooding Law School

situated at Gordan Street,

St. Augustine, Trinidad

and Tobago. It is pub-

lished three times a year

by a joint committee of

staff and students.

Contributions and

comments are welcomed

from staff, students or any

other interested parties.

Send all e-mails to hwls.newsletter@gmail.

com.

Editorial Committee:

Ni sh a Ma t h u r a -Allahar (Staff) Rudranath Maharaj (Staff) L i l a R od r i g u e z -Roberts (Student) Ayode le Murra y (Student)

V a a s h a P a r a g (Student)

T a m a r G r a n t (Student) Nikeh M. C. Smithen (Student)

Editor:

Lila Rodriguez-Roberts

Design and Layout:

Vaasha A. Parag

Nikeh M. C. Smithen

THANK YOU

THE GAVEL NEWS

Team would like to acknowledge our

appreciation of those

members of the administrative staff

who help us to publish every issue.

Specifically we wish to thank Michael

Rampersad Singh, Shevkumar Singh,

Marlene Herriera, James Allen, Diane

Williams, and Roger A. Ramgoolam.

Director

of Public Prosecu-

tions of England

and Wales,

Mr. Keir Starmer QC

(left)

P A G E 2

We shall overcome, someday. But today, brothers and sisters, though the road was

by no means an easy one, we can join those now departed saints and proudly declare:

Free at last, free at last. Thank God al-mighty, we are free at last. Now that we have attained our liberty, however, a mantle falls upon our

shoulders. Will we as men and women heed the advice of the Honourable Justice

Byron and make the most of the opportuni-ty that now presents itself? Or will we

shirk from the challenge and cuddle in the warm embrace of mediocrity? Opportune moments to achieve

greatness have been noted in the lives of many of the worlds most prominent histor-ical figures: Nelson Mandela and his trium-phant stance against apartheid; Martin Lu-

ther King Jr. and his leadership in the Amer-ican Civil Rights Movement; and Our Lord

Jesus Christ during His sojourn here on earth.

I suggest to you, graduates, that we stand at a similar juncture between time

and eternity. The intersection where op-portunity and destiny collide, but with no

personal injuries. If we as graduates are going to join the ranks of great men and

women of valour who have gone before us, I respectfully submit that there are three

important dynamics which we must consid-er.

(The following is an excerpt taken from the Response presented by Raphael Saul

on behalf of the graduates at the Hugh Wooding Law School graduation held on

the 1st October 2011 at the Hyatt Re-gency Hotel, Port of Spain, Trinidad and

Tobago.)

IT IS WITH humility that I stand before this august company to deliver the Re-

sponse to the Presentation Address on behalf of the Graduating Class of 2011.

Upon contemplation of an appro-priate means by which I could raise the curtain on this address, I concluded that a

brief but jovial anecdote would be sufficient consideration.

The Professor of a Conveyancing law class asked one of his better students,

"If you were to give someone an orange, how would you go about it?" The student

replied, "Here's an orange." The Professor was outraged. "No! No! Think like a law-

yer!" The student then replied, "Okay. I'd tell him `I hereby give and convey to you all

and singular, my estate and interests, rights, claim, title, claim and advantages of and in,

said orange, together with all its rind, juice, pulp, and seeds. We began this journey in August 2009, our lips shod with the preparation of

a gospel sung by the advocates in the Amer-ican Civil Rights Movement of the 1960s:

P A G E 3 V O L U M E 3 , I S S U E 2 T H E G A V E L

Free At Last, Free At Last! We must recognise these mo-

ments, overcome obstacles which present themselves along our path and maximise

our opportune time. What good is an opportunity if it

is not grasped? But in order for us to grasp that opportunity we must first recognise

that it exists. It calls for us to be sensitive to the unseen reality around us. It calls on

us to be aware that certain chasms open in time, providing those with willing hearts

with an avenue through which greatness can be achieved. It is only then, that we can

position ourselves under the faucet of desti-ny, and allow its waters to flow into our

prepared vessels. We must recognise the time and the season in which we now stand.

Secondly, we must be able to overcome the obstacles which stand in the way of full

realisation of our potential. We, graduates, are not unfamiliar with obstacles. However,

in the event that your immediate powers of recollection have gone into dormancy in the

wake of completed examinations, let me make an application to refresh your

memory. Who could forget Legal Drafting

Assignment 1? And the months spent wad-ing in the waters of uncertainty and doubt,

without even a life vest to save ourselves. Or, who could forget Conveyancing Assign-

ments 1, 2 and 3? Finally, we must set ourselves on

a course to maximizing the crucial moments in our lives. Ensuring that with alacrity and

zeal, we press towards the mark of our high calling. Laying aside every weight; knowing

that our help comes from God. I admonish us all, therefore, to

make the most of our opportunities to touch lives, make a difference and change our world.

We have entered into a profes-sion which was created for service. There-

fore, dont underestimate the importance of the contribution you can make to

someones life, to your community and to your world. I encourage us to serve and

serve valiantly. I leave you with a quotation at-

tributed to Mark Twain:

Twenty years from now you will be more dis-appointed by the things you didn't do than by

the ones you did. So throw off the bowlines, sail away from the safe harbour. Catch the

trade winds in your sai ls. Ex-plore. Dream. Discover.

God Bless you and I thank you!

Respectfully Submitted Raphael Saul Esq.

An

Emancipated Raphael Saul (left)

P A G E 4

A Momentous Occasion

T H E G A V E L

Principals Roll of Honour. One Hun-dred and thirty-two graduates were awarded the Legal Education Certifi-

cate at the ceremony. Awards and prizes were also presented to several

of the graduates for their outstanding academic performance during their

course of study.

Apart from awards for

academic performance, there was The Student Representative Council [SRC] and Human Rights Committee Humanitarian Service Award pre-sented in recognition of a graduates service to the student community. It

was and is the first of its kind not only from the HWLS, but also from the SRC. It was also the only non-

academic award presented at the graduation ceremony. The well-

deserving recipient was Stephanie Sobrian in light of

the care and devotion she demonstrated to her friend

and colleague, Veera Bhajan, who was born without arms

and also presented as a grad-uate at the ceremony.

Other notab le highlights of the evening was

the musical interlude by the HWLS Choir, and the

Presentation Address by The Right Honourable Sir Charles

Michael Dennis Byron, President of

the Caribbean Court of Justice (CCJ). Sir Byron in his address, while extend-

ing congratulations to the newest graduates of the HWLS, brought the

occasion into context. He stated that [t]he idea of contributing to the de-velopment of a Caribbean Jurispru-dence must burn deeply in the spirits

of every one of [them]. He especially encouraged them to apply themselves

to the vocational service of their re-gion and to consider the value of an

international work experience, wheth-er at the CCJ or another international

court. In conclusion, he challenged the graduates to uphold ethical principles

vigorously in their own behaviour and among their peers. Raphael Saul presented the graduates Response and from begin-ning to end he enraptured the audi-ence with his spirited address, punctu-

ated intermittently with his fondest memories of the HWLS.

The ceremony came to an end at the direction of Ms. Samuels-

Brown QC, and much to the delight of many grumbling stomachs graduates

and guests retreated to the reception area to enjoy the tasty delicacies being

served. Laughter and chatter now defined the evening and many ap-

peared unrushed to go anywhere soon. Indeed, the evening was an un-

forgettable one; it was a momentous occasion.

BY NIKEH M. C. SMITHEN

SET IN ARGUABLY one of the

most breathtakingly beautiful hotels in the Caribbean defined by its mark

for intricate design and detail, and graced with stunning views of the

west coast shoreline, the Hugh

Wooding Law School (HWLS) hosted

its graduation ceremony at the Hyatt Regency Hotel, Port of Spain on Oc-

tober 1, 2011. From the procession of the graduates to the recessional,

the ceremony was a momentous one. With dimmed lights, the

national anthem of the Republic of Trinidad and Tobago was played fol-lowed by a warm welcome by the

Chairman of the Council of Legal Education (CLE), Ms. Jacqueline Sam-

uels-Brown QC. Continuing in the vein of elegance now established, Ms.

Miriam Samaru, Principal of the HWLS, presented the Principals Address, highlighting significant achievements of the Law School over

the academic year, 2010-2011, and the CLEs 40th anniversary did not go unnoticed. Then came the highlight of

the evening: the presentation of the graduates. Six graduates were award-

ed the Certificate of Merit, and thirty-one graduates were placed on the

The Right Hon. Sir C. M. D. Byron (second from right)

together with 2011 HWLS graduates (L-R) Gavern Mitchell, Shelly Bend, (Sir Byron), and Roger Cummins

ALL SMILES HWLS Graduates 2011(L-R)

Shelly-Ann Gajadhar, Richel Bowen, and Sade Jemmott

P A G E 5 V O L U M E 3 , I S S U E 2

T H E G A V E L

THESE ARE THE awards and prizes

which were distributed at the ceremony:

Most Outstanding Student over Two Years

Duana Peterson (Bdos)

Most Outstanding Year II Student Duana Peterson (Bdos)

Most Outstanding Student in Legal Aid Clinic Melissa Clarke (Bdos)

Most Outstanding Year I Student Lesley-Ann Marsang (TT)

The Keith S. Sobion Memorial Prize Raphael Saul (Bdos)

Chairmans Prize (Evidence, Law of Reme-dies, Civil Procedure and Practice II) Duana Peterson (Bdos); and Rajiv Chaitoo

(TT)

The Book Specialists Prize (Best Overall

Performance) Duana Peterson (Bdos)

The RBC Ltd. Prize (Probate Practice and Procedure) Ambay Ramkellawan (TT)

The Justice Jessel Hannays Memorial Prize (Law of Remedies) Michelle Davidson (Grenada)

Fitzwilliam, Stone, Furness-Smith & Morgan Prize (Civil Procedure and Practice II) Dan-iel Francis (SLU); and Kendy Jean (SLU)

The Pelham Sloane-Seale Memorial Prize

(Conveyancing and Registration of Title) Hannifah Jordan (Guy)

The Peterson, Lambert-Peterson & Co Prize (Evidence) Lesley-Ann Marsang (TT)

The Phelps & Co Prize (Civil Procedure and Practice I)

Kalana Prince-Wilson (TT), and Jer-maine Rudd (A&B)

The H. Aubrey Fraser Memorial Prize (Ethics, Rights and Obligations of the Legal

Profession) Shashi Seecharan (TT)

The M. H. Shah Memorial Prize (Legal

Drafting and Interpretation) Michelle Davidson (Grenada)

The Kisoon Family Law Prize (Legal Draft-ing and Interpretation) Michelle Da-vidson (Grenada)

The Trinity Chambers Prize (Criminal Prac-tice and Procedure) Maritha Halley (Guy)

The Oswald J Wilson Memorial

Prize (Landlord and Tenant) Benjamin Drakes (Bdos)

The Robert Mathieu Sellier Me-morial Prize (Trial Advocacy) Raphael Saul (Bdos); Keisal Peters (SVG); and Shelly-Ann

Gajadhar (TT)

The Principals Award for Advocacy Raphael Saul (Bdos); Keisal Pe-

ters (SVG); and Shelly-Ann Gajadhar (TT)

Lex Caribbean Client Interviewing

Competition Vonetta Adams (TT); Dexter Todd (Guy); and Jacy Archibald (Guy)

Book Specialist Prizes were awarded to:

Lesley-Ann Marsang (TT) as the First Outstanding Year 1 Student;

Thandiwe Benn (Guy) as the Second

Outstanding Year I Student;

Duana Peterson (Bdos) as the First Oustanding Year II Student; and

Jerome Rajcoomar (TT) as the Se-cond Oustanding Year II Student.

The Cameron & Shepherd Prize (Best per-

formance in Civil Procedure and Practice by a Guyanese student) Rodrick Edinboro

The TT Law Association Prize (for the stu-dent who showed the most dedication to the

Legal Aid Clinic) Medford Waldron (TT)

The Guyana Government Prize (Best perfor-

mance by a Guyanese student) Rodrick

Awards and Prizes

Edinboro

The Barbados Law Association Prize (Best

performance by a student from Barbados) Duana Peterson

The Grenada Bar Association Prize (Best Performance by a student from Grenada) -

Thandiwe Lyle

The Sandra Paul Alternative Dispute Res-

olution Prize (Alternative Dispute Settle-ment) Roger Cummins (Bdos)

The Justice Anthony Lucky & Gillian Lucky Prize (Evidence and Forensic Medicine and

Criminal Practice and Procedure) - Les-ley-Ann Marsang (TT)

The Student Representative Council and Human Rights Committee Humanitarian

Service Award (In recognition of service to the student community) - Stephanie

Sobrian (TT)

Lex Caribbean Client Interviewing

Competition Awardees

(L-R) Dexter Todd,

Mrs. Yearwood-Welch (Tutor);

Jacy Archibald; and Vonetta Adams

Friends for life!

(L-R) Taisha Corbin, Jared

Richards, Kaila Headley,

and Michelle Brathwaite,

P A G E 6

Public Speaking Showdown FIRST YEAR STUDENTS

at the Hugh Wooding Law School (HWLS) participated in

the first ever Public Speaking Competition. The Competition

was held during the week of November 21-25, 2011 with the

Final Rounds being held on Wednesday, November 30,

2011. The topics were wide-

ranging and did not only pertain to legal questions or matters.

For example, the topics includ-ed, Poverty is a state of mind, Its good to keep scars of the journey but not the wounds, and Intelligence rules the world but ignorance carries the bur-

den. The Final Rounds

were judged by Principal Miriam Samaru, Mr. Roger A.

Ramgoolam, and Mrs. Martha Des Vignes.

Cat isha Wil l iams placed third speaking on the

topic, Politicians are morally impotent. Sian Lange came in second covering the topic, Real wealth is never measured in money or possessions. Stephen Roberts emerged as the winner speaking on the topic, The world is insensitive to persons with disabilities. The finalists were eloquent and entertaining in their delivery and we look

forward to this Competition

next year.

T H E G A V E L

Congratulations! Winners of the HWLS Public Speaking Competition

(Above, L-R) Catisha Williams (3rd Place); Stephen Roberts (1st Place); and

Sian Lange (2nd Place)

The Finalists of the

Public Speaking Competition 2011

P A G E 7

And Justice For All?: An ACLI Experience

BY MANSERGH K. GRIFFITH

THE CARIBBEAN LAW Clinic was held at the Shepard Broad Law Centre, Fort

Lauderdale on the 10th and 11th of Novem-ber. At the Clinic, the Hugh Wooding Law

School participants joined students from other Caribbean and American Law Schools

to discuss contentious issues of law with which the United States Courts are cur-rently grappling. In the United States, Federal

Courts of Appeal are divided into 12 Cir-cuits. These Circuits are bound only by

their own decisions and decisions of the United States Supreme Court. There are

several issues, not pronounced on by the Supreme Court, which Circuits are sharply

divided on. We worked on four of these issues in fictitious appeals to the Supreme

Court and had to make representations as to how the Court should decide.

The group sessions were intense. This was particularly so because we werent provided with any side to argue; we had to first decide as a group what the

answer was. By the end of the morning

session, those in my group were as divided as the Courts on what was the right ap-

proach. We then had a practice round in which we presented to the tutors. For that

presentation we did what we knew best: split the team, present the two sides as

irreconcilable and advocate why one side is better than the other. The feedback we

received was that we needed to present as one team; we were too divided and our

presentation therefore lacked cohesiveness. We left that session a little perplexed as to

how we could be cohesive when there were two absolutely irreconcilable sides that needed to be aired. After that, we regrouped to dis-

cuss what points we needed to focus on for the official hearing and how we could frame the facts within a larger context that would assist the court in arriving at a legally

sound and just conclusion. That afternoon we did a much deeper analysis of the issues,

grappling with more fundamental questions of fairness and justice that were involved.

This brought the team into a different zone. Although there were still views that contra-

dicted each other we started to see how

they related and began to unpack the

value judgments that were inherently involved.

My group had to consider how far the presumption of inno-

cence should extend, whether it should benefit a defendant who has

been convicted but dies before the hearing of their appeal and whether

the apparent right of a defendant to an appeal should be absolute or

subject to limitations. Those ques-tions had to be considered in light of

an emerging statutory norm of vic-tims rights in criminal proceedings and the issue of whether those rights should be frustrated by a de-

fendants death or protected by limiting the scope of some funda-

mental principles of criminal justice. The richest part of the

experience was the process of working through questions of law

with other students with a non-adversarial mindset. Looking at the

question holistically brought to light that when we engage in the purport-

edly objective process of legal rea-soning, there are layers of en-

trenched and unquestioned subjec-tive assumptions and value judg-ments that (perhaps unduly, perhaps

inevitably) influence an assessment of what is fair and just. While advancing our legal

arguments in the group sessions, we each had the experience of having to stop at

some point and realize that what were arguing may be right in law but not fair and

that what is fair is not absolute or unchang-ing but depends on certain assumptions we

make about the parties and their positions from the outset.

Overall the ACLI was a rewarding learning experience for all. My fellow partic-

ipants, Samantha Campbell, Tanya Carter, Stephen Wilson and I thank the Hugh

Wooding Law School for the opportunity and our Tutor, Ms. Susan Charles-Sylvester,

for facilitating our participation. The ACLI really is a fantastic initiative (led in part by

the late Keith Sobion of the Norman Man-ley Law School) to create space for legal

minds to have the experience of coming together not to compete, but to consider

questions of law and reform as if were all on the same side. We really are; despite the

fact of how easy it is to lose sight of it in these cold and competitive classrooms and

courtrooms.

V O L U M E 3 , I S S U E 2 T H E G A V E L

HWLS ACLI Team (L-R) Mansergh K. Griffith,

Tanya Carter, Samantha Campbell, and Stephen Wilson

P A G E 8

Mandatory or Discretionary: Steps to Abolition? BY JOHANAN

LAFEUILLEE-DOUGHLIN THE RECENT EXECU-

TION of Troy Anthony Davis brought the capital punishment

debate into sharp focus of the lenses of the world. Even

though nine out of eleven wit-nesses recanted their testimony,

Davis was convicted of murder-ing a police officer

nearly two decades ago.

The debate travelled to many

rooms of the Hugh Wooding Law School (HWLS); student at-

torneys were aston-ished that Davis was

executed by the State of Georgia despite

overwhelming doubt as to his guilt and in the 21st Century! It was in that milieu of

affairs that the debate in honour of the

World Day Against the Death Penalty hosted by the HWLS in October was antici-

pated. Speaking to

a packed audience, Florence Seemungal,

one of the panellists noted that the death

penalty was initially intended for the worst cases but, in relation

to the Trinbago experience, that penalty does not always capture

the worst cases. Studies con-ducted by Oxford University in

collaboration with the Universi-ty of the West Indies (UWI)

show that those most likely to receive the death penalty were

involved in domestic type inci-dents. Perpetrators of the gang

and drug related crimes went unpunished for the most part.

Panellist Dr. Arif Bulkan agreed with the above

finding of the study. However,

he noted that both parliament and the judiciary within most

Caribbean states have been responsive to the international

debate surrounding the manda-tory nature of the death penalty.

Although Caribbean states such as Trinidad and Tobago still

maintain a mandatory death penalty for the conviction of

murder; the Eastern Caribbean,

Belize, Jamaica, The Bahamas and Guyana have dispensed with

it in favour of a discretionary death penalty.

Dr. Bulkan noted fur-ther that despite the general

argument that the mandatory death penalty is unconstitution-

al, the constitutional savings clauses in Caribbean territories

cannot be separately consid-ered. Trinidad and Tobago, for

example, has general savings clauses which say that any law existing at the time of independ-

ence is immune from challenge

under the Bill of Rights. Other Caribbean territories have spe-

cial clauses relating to cruel and unusual punishment and others

have both special and general savings clauses.

Over the last decade, this mandatory aspect has been

dismantled by most Caribbean territories. Where there were

no savings clauses, Belize, for example, did away

with it in 2001. Other territories like Jamaica

and Guyana changed the law and it therefore lost

its protection under the savings clauses. In OECS

territories with special savings clauses, the judi-

ciary got around the mandatory nature of the

penalty by reasoning that that the special clause

only saved punishment that was authorised and

because the death penal-ty was mandated, it could

not be saved under the special clause. The only countries in the Com-

monwealth Caribbean region with mandatory

death penalties are Bar-bados and Trinidad and

Tobago. According to

Amnesty International, over half the countries in the

world have abolished the death penalty, either de jure or de

facto; however, many authors predict that they do not foresee

abolition in the Commonwealth Caribbean in the near future.

This, they note, is especially as a result of a general retentionist

public opinion. Time alone will tell whether steps taken by

Caribbean states to do away with the mandatory death pen-

alty will eventually lead to the abolition of the death penalty.

T H E G A V E L

[M]any

authors

predict

that they

do not

foresee

abolition

in the

Common-

wealth

Caribbean

in the

near

future.

- Johanan

Lafeuillee-

Doughlin

P A G E 9 V O L U M E 3 , I S S U E 2 T H E G A V E L

BY ROGER A. RAMGOOLAM

COMMONWEALTH CARIBBEAN

GOVERNMENTS by and large, hold the view that they respect the human rights of

their citizens. In support of this contention, they rely on their written constitutions with

their entrenched Bills of Rights and they also point to the high degree of Caribbean ratifi-

cation of human rights treaties such as the International Covenant on Civil and Political

Rights (the ICCPR) (75%), the International Covenant on Economic Social and Cultural

Rights (the ICESCR) (75%) and the Conven-tion on the Elimination of Racial Discrimina-

tion (the CERD) (83%). On the flip side however, Caribbe-an territories have generally not seen it fit to

actually implement the relevant treaty provi-sions into domestic law. It would follow that

breaches of any treaty provisions would not be enforceable by the courts on the domes-

tic plane; small comfort indeed to the citizen who has to suffer the consequences of the

breach, without possibility of redress. Caribbean territories have offered

several reasons for non-incorporation. The-se include the fact that the treaty rights are

mirrored in their constitutions; lack of hu-man resources to draft and review the nec-

essary implementing legislation; and with

regards to the ICESCR, a belief that eco-

nomic and social rights are only realisable in the long run, and in any event given a chron-

ic lack of economic resources, these rights may even possibly be never realised!

Some Caribbean governments also suffer from a perception that International

Human Rights enforcement bodies such as the Inter-American Court of Human Rights

(the IACHR) the Inter-American Commis-sion of Human Rights and the Human Rights

Committee (the HRC), are biased against the state and are thus likely to favour a citi-

zens claim that the state has breached their human rights.

This was illustrated when Trinidad and Tobago denounced its ratification of the American Convention on Human Rights (the

ACHR) in 1999 following decisions by the IACHR on the death penalty which went

against the state. Trinidad and Tobago, sub-sequent to the decision in Kennedy v. Trini-

dad and Tobago which also went against the state, also withdrew its ratification of the

First Optional Protocol of the ICCPR, a decision which effectively denied its citizens

access to the HRC. For similar reasons as Trinidad and Tobago, Jamaica also withdrew

its ratification of the First Optional Protocol. Barbados is one rare Caribbean

territory which still falls under the jurisdic-

tion of the IACHR, even though in the case

of Joseph and Boyce v. The Attorney General of Barbados the court had ruled in

favour of the applicants and against the state in holding that the mandatory death penalty

was unlawful since it was in breach of the ACHR provisions on the right to life, and

the prohibition on cruel and inhuman treat-ment or punishment. Barbadoss decision, in electing to continue to subject itself to the courts jurisdiction is all the more remarka-ble in light of the fact that the Privy Council had earlier decided in relation to the appli-

cants that the mandatory death sentence in Barbados was lawful since it was saved un-

der certain constitutional provisions. Arguments have also been ad-

vanced to the effect that International Hu-man Rights bodies even constitute a threat

to a states sovereignty as well as to the concept of constitutional supremacy. In an

editorial in The Barbados Advocate dated October 13, 2011, it was reported

that the Barbados Attorney General had asserted that there was a perception that

the IACHR saw itself as being above the Barbados constitution and the Caribbean

Court of Justice. In the opinion of this writer the

crucial issue is really the adequate protec-tion of a persons human rights and free-doms and the existence of effective mecha-nisms to provide both protection and a suit-

able remedy in the case of proven breaches. To assert otherwise, it is respectfully sug-

gested is to entirely miss the point. To this end, the existence of alter-

native sources of justice for prospective litigants such as the IACHR is a desirable

thing. This would also, as an added benefit, contribute to a further development of hu-man rights Jurisprudence in the Caribbean

region, and help our developing societies move towards a truly international standard

of human rights observance and protection. Alternative systems of protecting human

rights would also give primacy to the grow-ing international acknowledgement that the

state is the servant of the people and not vice versa, a concept attributed to no less an

individual than former United Nations Secre-

tary General, Kofi Annan.

Why International Human Rights Matter in the Caribbean

P A G E 1 0 V O L U M E 3 , I S S U E 2 T H E G A V E L

FLASHBACKS FROM TERM I:

P A G E 1 1 V O L U M E 3 , I S S U E 2 T H E G A V E L

SRC HIGHLIGHTS

P A G E 1 2

think

outside

the box

and

consider

opportunities

outside

[your]

jurisdiction

and the

norm...

- Derriann Charles

From Trinidad to Barbados to Brooklyn and Back

BY DERRIANN CHARLES

HAVING BEEN INFORMED

of the ability to complete my in-service in a foreign jurisdiction, I

quickly began to send applica-tions to firms and chambers

whose practice centred around my areas of interest corporate and commercial law, offshore law, conveyancing and intellectu-

al property. With Gods help, I was directed to Emeth Chambers in Hastings, Barbados. The Head of

Chambers, Mrs. Suzanne Barker-Small has a reputation for annu-

ally hosting the Inspire Aspiring Lawyers mentorship Programme

in Barbados, aimed at providing prospective lawyers with practi-

cal introductions to the everyday administration of the law. I was attached to this Programme during the month of

July where I was exposed to the operation of law in such institu-

tions as the Barbados Port Inc.

(Port of Barbados), the Central Bank, Chancery Chambers (one of

Barbados leading attorneys Dr. Trevor Carmichael) and a public

speaking session with well known TV-announcer, Dr. Sharon Mar-

shall. I also visited Her Majestys Prison Dodds, where I was able to converse with a man I had only read about in my law books, Mr.

Jeffrey Joseph from the renowned case of Joseph and Boyce v. The

Attorney General of Barbados. Visits continued to the U.S. Embas-

sy in Barbados; the Land Registry; Ministry of International Business;

Dining Etiquette sessions; the World Health Organization; the

Ministry of Foreign Affairs and Foreign Trade; the Immigration

Department; and the Forensic Science Centre.

In addition, on July 10th, my boss took us to Brooklyn for a

week to tour the lower courts and observe the Justice system there. I

visited places such as the Butzel

Long Law Firm; the 79th Precinct Brooklyn Police Station; the Office

of the Queens District Attorney; the Criminal Supreme Court; the

New York Law School; the Barba-dos Consulate; the Civil Court,

Manhattan, Court of Claims, NY; the United Nations; the Office of

the Chief Medical Examiner of New York; and an interview with Mr.

Randy Brathwaite (a Barbadian lawyer on Wall Street).

All in all, I was given the opportunity of a lifetime to see law

from a transnational perspective, for which I am eternally grateful. I

wish to encourage the current year ones and my fellow colleagues at

large, to think outside the box and consider opportunities outside

their jurisdiction and the norm, for they often materialise into uniquely

splendid opportunities for personal and professional growth.

T H E G A V E L

A uniquely transnational in-service experience (L-R) Derriann Charles (HWLS second-year student);

Justice Deborah Dowling; Head of Chambers, Mrs. Suzanne Barker-Small; and Erica Griffith (intern) at the Kings County Supreme Criminal Court, Brooklyn, NY

A First-Years Perspective P A G E 1 3 V O L U M E 3 , I S S U E 2

BY VAASHA A. PARAG

WE, FIRST YEARS, are the proud new budding lawyers of the Hugh Wooding Law

School (HWLS). For many of us, the HWLS is a more firm step into making our dreams a

reality...the hot shot lawyers as seen on Suits, to the avid human rights defenders. Having spoken to our year two friends, the main theme was: Enjoy Cave Hill guys. That was easy! We were bracing for the flood of work and demands that we ex-

pected of the stringent HWLS. Surprisingly, on the first day of orientation, the Principals address struck me as strange! She told us to relax and enjoy the experience, do not focus

too much on academics only. I was not sure if she was joking. HWLS was presented as this

rigorous system of an overwhelming workload and overlapping tedious assignments.

The first month teased us with the light workload. Students were sleeping at

nights, liming on weekends, keeping up-to-

date generally. Next was October and the time flew to November and almost now to

December. I am lacking sleep, reading materi-als while eating meals, pulling out a case to

read at traffic lights, free time at school is being spent in the library and the gym is strug-

gling to see me. We are trying to balance assignments every two weeks with tutorials,

where some tutors forget they were once here. We also now have lectures the size of

LL.B. worksheets. If we really had this many worksheets at Cave Hill to study for exams,

we would never have seen the beach. However, the courses are practical.

We are being taught what 90% of attorneys do every day, for example, opinions, bail appli-

cations, and adjournments. We are also forced to effectively manage our time. In

short, the HWLS is preparing us for the harsh real world of law.

This is the HWLSs introduction to the legal arena! Enjoy it folks!

I am

lacking sleep,

reading

materials

while eating

meals...

- Vaasha A. Parag

T H E G A V E L

Lighter Days First year HWLS students taking time to relax at the Cocktail Reception

hosted by the Students Representative Council during Orientation week 2011 (L-R) J-Lany Williams, Nyvalla Loutan, Kristy Mohammed,

Vaasha A. Parag, and Mudassar Karamath

P A G E 1 4

My Experience as President of the HWLS Hindu Student Society BY SHIVA BOODOO

AT ABOUT 12:30 p.m., Octo-ber 24, 2011, with the sky com-pletely overcast, rain falling bucket ah drop, I stood in the back car park looking on with amazement at

how quickly the waters were rising. I could not help but think, What if the school floods again? Just then I saw a handful of students emerging,

keys in hand, frantically looking for where they were parked, trying to

assess how to get into their cars. As I waited for the rain to

ease up, I remembered one evening walking in the sub-moot area, about

three weeks before Divali, when Stacy walked up to me and asked,

What are you doing for the

Divali celebra-tion at school? Before I could reply, she con-

tinued, Well, there is Terita

who said she would do a

dance and there is a boy who wants to mod-

el, and there I was, in shock

because until that moment I

had no idea about any pro-

gramme or my involvement in

it! She then said, Get onto Re-nueka, and gave me a number.

A f t e r ta lking with

Renueka the next day, I asked

God for strength and decided to

take the bull by the horns in

making the nec-essary arrange-

ments. I learnt that there was fund-

ing available which had not been accessed in two years and I had no

way of gaining access to this fund which I presumed had money.

Not being deterred from getting started, I had discussions

with Veera Bhajan (President 2010) who directed me to speak with Mr.

Maharaj (Probate lecturer). I in-formed the Students Representa-tive Council President Rene Jo-seph of our proposals, applying for permission to have the event. She

was in full support. Anurani assisted in draft-

ing the application which we deliv-ered to the main office. The next

thing I knew I was sitting in the Principals office who informed me that we would have approval by the next day and who wished me luck.

With the requisite per-mission, a committee was formed

comprising some truly dedicated second year students, Giselle as

Secretary; Roshni and Dimple as Modeling Co-coordinators; Rishma

spearheading food; and Khelsy as accountant. Things started to look

very promising. By our second meeting

there were about 20 first and se-cond year students attending which

was very encouraging to me; not only were more persons involved

but from inception I could pass on

all the information to the first years.

At our first fund-raiser, within an hour everything was sold

out. We promised those who did not get a chance to have any of our

offerings that there would be an-other one soon. That too was a

success, and I would like to openly thank everyone who supported and

helped the Hindu Student Society in its quest to present a meaningful 2011 Divali programme.

The Sunday before Divali came in the blink of an eye and we

met at school to decorate the Lec-ture Theatre and get the bamboo

works out front. Hours later, after much toiling, by about six that

evening everything was finally done! As luck would have it,

the rains slowed to a drizzle, then stopped completely. Once again

the water that seemed to threaten the schools equilibrium receded and I exhaled in relief. I went in to prepare for our grand Divali cele-

bration which would be hosted that evening. The programme was

beautiful! The evening was marked by song, dance, fashion, music and

tassa, in an explosion of colour and grandeur that by all accounts left

attendees absolutely wowed.

T H E G A V E L

Dimple

Singh (left)

performing one of the

dances showcased

at Divali Night

PRESIDENT

OF HWLS HINDU

STUDENT SOCIETY,

Shiva Boodoo (below)

OECS Night P A G E 1 5 V O L U M E 3 , I S S U E 2

BY CEREPHA HARPER

THE OECS STUDENTS on the 29th of

November 2011 gave the audience at the Hugh Wooding Law School a trip through

the islands filled with laughs, reflections, and talents. It was nothing short of an awesome

night. The introductory dance was one with a difference and by the time that was fin-

ished it was easily predicted that the remain-der of the show was going to be a novelty.

After the well-orchestrated dance, everyone forgot about the late start and

eagerly awaited the rest of the show. They were not to be disappointed. The two MCs carried along the show magnificently. One would think they were at a comedy fest

because of the number of jokes that were thrown at the audience. From where I was, I

could hear the roars of laughter. It was ap-parent that no one regretted putting aside

their school work and busy schedule in sup-port of the OECS students.

It was clear in the patois song from the St. Lucian duo, the cultural dance

by the Dominicans, and the Grenadian Shortknee, that the students loved and em-

braced their culture and were proud of their respective countries. This was evident in the

Vincentian piece where the audience was told about the different festivities that take place in this country. The last performer to

leave the stage declared his love for country at the top of his lungs.

After the cultural presentations it was time to devour the different indigenous

delicacies from the six Eastern Caribbean countries represented at the Hugh Wooding

Campus. Many joined the line to savour the oil down from Grenada, the callaloo soup

from St. Vincent, the fish chowder from St. Kitts and Nevis, the coconut dumplings,

saltfish souse and all the other decadent surprises that the OECS students prepared

specially for OECS Night. While waiting to be served they

were offered the tasty saltfish balls which whet their appetites and had many patrons

asking if there were any more hidden in the back. The dessert of ice-cream topped with

mango chunks and syrup was a hit and the Anguillan conkies made for a pleasant sur-

prise. At the end of the night my heart

was filled with pride and I was satiated. Though tired, I relished in the success of the

night and the hard work and dedication that made it possible. The students of the OECS

again pulled off a fabulous night. The support

we received from our donors and well wishers was a major

ingredient in making the night possible and we cannot thank

them enough. However, as I close I offer a big OECS thank

you to everyone who supported and attended our trip through

the islands.

T H E G A V E L

The Grenadian Shortknee

(above)

Serious Footwork,

the Dominican

Cultural Dance (right) being performed by

Diana Auguiste (r) and Neville St. Hilliare (l)

The St. Lucian duet (above) Sheena Racai (l) and Henri-Jacques Mangal (r)

rendering their patois piece

Grannies can go

down too! (below) Vincentians Cerepaha Harper (l)

and Shamora Scott (r) performing one of the acts

P A G E 1 6

Iz Buhbados Uh Come From: Celebrating 45 years of Independence BY SAFIYA MOORE

BAJAN NIGHT GOT off to a

patriotic start with an amazing rendi-tion of the national anthem by Ms.

Fawn Phillips. The lecture theatre

was packed to capacity with staff, students and invited guests alike as

we were warmly welcomed by Ms. Amanda Riley.

Our two main and very color-

ful characters for the night Shirley and Mil-

dred throughout the night brought us

through the years from independence to

present day in true Bajan parlance. They

discussed everything from the father of

Independence to the youths Bashment Culture, from we gyal Rhi Rhi all the way to Jackie Opal. Dance pieces were done

to ol time Baja favourites such as Bridgetown Market, as well as cur-

rent hits such as the popular Go Down. The Baja choir as well as the musical talents of Fawn Phillips and Reynold Price enthralled the audi-

ence. Mr. Price performed two oth-

er instrumental pieces which no doubt erupted a feeling of Baja Pride

towards this young man because he

is wanna we. Indisputably many will

remember the giveaways of the night. In the 1st giveaway apparently

the allure of free Mount Gay rum

created such a frenzy that the even-tual winner took a spectacular tum-

ble as he ensured he was the win-ner. For the second giveaway Mr.

Kerith Kentish Jonesed and Wukked up his way to a lovely prize. In the final performance

for the night the cast and crew all

joined on stage and rendered Im a Baja showcasing their national pride. As the show came to a close the Bajans thanked everyone for

their outpouring of support. The audience was then invited to taste

the flavours of various Barbadian delicacies. The night ended with

students, visitors and staff alike dancing the night away.

T H E G A V E L

Camille

Nurse (left) in one of the

featured dances

Pour it on baby!

Davida Maynard

(below)

Kerith Kentish,

winner of the second

prize (far right)

The

Choir (left)

Shirley and

Mildred (L-R, above) Reynold Price

(above)

Mother Sally (left) in full swing

acted by Tamara Simmons

What I Do P A G E 1 7 V O L U M E 3 , I S S U E 2

BY NIKITA VAUGHN

IN A LAND UNSURE,

Falsely priding in mistakes Taken to reflect truth, I meditate

On what its for.

As I sit on the bench of reason, And, like the sun sets on the endless horizon,

All forced dreams set too.

And I seek redress,

Claused by the cloak of ambiguity In the Constitution of Life,

Fighting to find a policy.

But the rhythm of my heart is in rubato

time, Not as strict as a judge giving me a sign.

To the coda al fine but, I take DC al Segno And DC again, and,

Conductor of the system is blue Vex, miserable, cross, screw.. it.

Should be in a suit with you guys right? Cuz they say thats where the money is.

Suit what..? no, for you!

The suit.. what?? Suits you Who cares. Wear... it!

So I go, This is my solo. 4 crotchet beats in a bar, play it out, be mellow. But wait try this. No I have the right to play- It is established principle- Are you serious?

As a judge.. - ORDER in the court!

System orchestrated to box me

Infringed, with no relief Objection!

So I tickle the ivory But I dont laugh And I caress the ebony But alas!

The freedom of expression is contravened by the bombardment of western civilization,

And democracy? Democracy is motivated by the perpetrators

of freedom. And, you, me, were, Contributing to the administration of a de-mon.

A demon fundamentally protected, Given a right

Free democratic society Is a prison.

Yet we happy fussy, Cuz were the most intelligent kind

Regurgitating whats given Robbing the freedom of thought

Getting rich in confusion

Stifling growth Preying on the ignorant

More savage than a lion But want me to believe its a family? Enforc-ing a law Used for slavery,

To oppress us. Yet we follow it to a T

Glorified in self-identity But not yet knowing who we be.

But that is your right, I guess, amended. Impliedly?

Justifiable, Reasonably required,

Constitutional. All these principles:

Articulate, challenging excellence Determining versatility in this evolution.

Case: Piper v Galloway It is an exaggeration, says Adam J, to say

that the freedom of expression could be used to govern

because the culture is now western, the beating of drums in this state.

He was speaking about Dominica, In 1994,

Now listen to the wise words of the late Professor Rex Nettleford

In 2001, still regarding this, freedom of expression.

Rooted in our long history to institutional

and psychological marginalisation of the mass

of the population is A conscious resistance.

Resistance to oppression is Our keen form of expression.

Is it just me or? These two vastly different approaches to the

same concept are Richly riddled with hypocrisy.

Oh, do forgive me. Versatility! But please,

This is what I do.

The chambers of my mind fight against the Rhythm of my heart, striking a Harmony of dissonance In the courtyard of my intelligence.

Imprisoned by no bars yet Free because of a bar, Its amazing to see Of it all the irony.

This is my life

Living the ultimate paradox. Musician, free, just being me or

Law student with lox.

Book in hand

Music in head Ink in pen And I write (and I write)

Lyrics?? Or judgment?? Dont make it an issue

This .. is what.. I .. do!!!!

(The foregoing is a poem written by Ni-kita Vaughn who is a first year Barbadian

Law Student at the Hugh Wooding Law School.)

T H E G A V E L

Ms. Gavells Advice Column

Do you have a burning question for which you want a legal response? May-

be your question concerns a relation-ship or a transaction? Perhaps you

simply want general advice on a mat-ter and do not want to formally seek

out the services of a professional.

Write a letter to Ms. Gavell and drop it off in the box provided in the

HWLSs Law Library. Then look out for Ms. Gavells response in the next issue of The Gavel. All questions will be treated with the strictest of confi-

dence.

P A G E 1 8

The HWLS, Orchids, and Social Work: The Life of Mrs. Lya De Freitas (In anticipation of Mrs. Lya De

Freitas retirement from the Hugh Wooding Law School, which took

effect on October 31st, 2011, and in view of her invaluable contribution

to the Law School, Nikeh M. C. Smithen sat down in a live interview

with Mrs. De Freitas for a glimpse at her life. The following is an extract

from that interview.)

Nikeh Smithen: How long have you been working at the HWLS?

Lya De Freitas: Nineteen years; however, two out of those I was on no

pay leave.

NS: What different hats have you worn while working at the Law School?

LDF: To be honest with you, I came into the General Office. At that time it

was just two persons in [the] General Office. As you see the General Office

has grown to four secretaries. When I came here it was two. One person left

and I was alone there. I have had the privilege to work with several depart-

ments. I have worked in the Senior Tutors Office. I have worked in the Principals Office. I have worked in the Registrars Office. So, I have circulated. I had a very, very short stint in the Legal Aid Clinic, but that wasnt too long.

NS: In light of the different portfolios

you have held what ideas do you have for the Law School in terms of its

improvements? LDF: As far as improvements are

concerned, academically that would take care of itself. But, as far as the

actual student relates to a secretary I see people, in particular, secretaries,

being helpful and being courteous but at the same time not spoiling the

student; not giving everything a student has asked for because I

believe that we are the training ground not only academically, but

as far as the students personality is concerned and what they can

ask for and what they cannot get. I believe secretaries must be in

unison one with the other. So that when a no is reflected it does not reflect a person; it re-flects a policy.

NS: Last year, Mrs. Kathleen Roch-

ford became seriously ill. LDF: We were all devastated.

NS: You would have worked

closely with her at some point? LDF: I worked with her for the last four years.

NS: How would you describe her?

LDF: Mrs. Rochford. I would describe her as a very compassionate person.

She approached every situation as though it was that one situation that

came to her. She was extremely knowledgeable. She is what we call an

institutional memory of the Law School. I dont think anybody else at this time had that. She knew a lot of things. She was the secretary to the

Council [of Legal Education] and she was very, very, and still is, very knowl-

edgeable as far as the Council is con-cerned. But, with students she had a

very open-door policy. Any student could have approached her and I, my-

self, was able to approach her on any-thing. She is a very understanding

person, but just very firm. When Mrs. Rochford told you a no, it was a no.

NS: How do you feel as you transi-

tion from working at the HWLS into retirement?

LDF: How I feel about it is that I look back and say, Well, I have done my best. I have made mistakes. I have made errors. We all do. If we never

made errors or mistakes we would be angels. But, I have done my best and

that is what is the gratifying part of it - that I have done my best.

NS: Who is Lya De Freitas apart from

the HWLS? LDF: I am a mother of four children,

one, a specially challenged child, who has taught me immensely about pa-

tience. I enjoy gardening. I love gar-dening, particularly orchids.

NS: What is on the table for you

now? LDF: A good rest - a good long rest.

[Laughs]

LDF: Relaxing.

NS: Any new projects?

LDF: No. I did a programme on social work at the University [of the West Indies]. I love social work. I love being

able to help people and particularly people because my daughter went to a

special school, the Memisa Centre. I was involved in the Parent Teacher

Association [there] and I really do have a heart for parents of specially

challenged children because the bur-den lies a lot with these parents and

people are not fully aware of the bur-den they carry. It is a big burden be-

cause of the nature of the illness of the child. I think maybe I will probably

go back there and see if I could do a little bit of help. I do like fighting a

case like that.

NS: Mrs. De Freitas, thank you for

giving me your time. I really appreciate it.

LDF: Youre welcome.

T H E G A V E L

Mrs. Lya

De Freitas in true form

sharing a laugh with

James Allen, a HWLS

Staff member, at her

Retirement Function held

on October 30, 2011 at

the HWLS

P A G E 1 9 V O L U M E 3 , I S S U E 2

(Continued from page 20)

What advice would you give to a young

attorney-at-law now embarking on his/her career?

Attend court even if you do not have a mat-ter there, observe senior Attorneys at work,

discuss legal matters with established practi-tioners and when you enter into practice

never be unprepared. The last word is that your word to the court must be so truthful

that the court can accept it in preference to that of the Archbishop.

What has been the most defining mo-

ment for you at the Industrial Court? It is difficult to say. Perhaps being appointed

to act as Vice-President of the Court shortly after becoming a Member was certainly the

most unexpected and humbling of my expe-riences here.

Is it true that the Court tends to favour

the employee rather than the employer? Absolute rubbish! Ninety-nine percent of

the disputes referred to the Court are re-

ferred by Unions on behalf of workers. That means that the persons who consider them-

selves sinned against are predominantly workers, not employers. There are those

who count the number of decisions for and against and conclude that if more judgments

go in favour of one side or the other, the Court is influenced by bias. We are guided

by the Industrial Relations Act. Those who express such views should first read the Act.

After the Industrial Court, what are your

plans? If any institution of legal learning thinks that I

can be of assistance to its students I will gladly assist.

If you were asked to recommend one

textbook that all young practitioners should read, what would it be and why?

It would be unfair to recommend one text-book since different young practitioners

have different interests. However, since

Meet the President of the Industrial Court (contd)

T H E G A V E L

evidence straddles most areas of practice, I

would suggest a good text on Evidence one with which you feel comfortable.

What about family and leisure? Do you

have children who may follow in your footsteps?

I have a son who studied law at Leeds and International Relations at the School of Ori-

ental and African Studies (SOAS), London University. He is a Barrister of Lincolns Inn and I hope that he will enter legal practice in some form.

What does the President do for fun or is

it all work and no play? Work and fun are one.

Finally, what would be your best advice

to a young practitioner? Study, study, study. In law, there is no end

to your studies. It is hard work but there is, with absolute honesty, abundant satisfaction.

Good luck.

BY LEAH THOMPSON

GOOD PEOPLE, GOOD vibes and good

conversation. HEARTICAL, an exciting new roots reggae band, emerged organically from

many late night conversations at the Univer-sity of the West Indies (UWI)s St. Johns Hall. The band's core members are Richie Maitland, a second year HWLS stu-

dent, the band's drummer and vocalist; Ka-rim Grifith, also a second-year student, the

bands guitarist and vocalist; Massai Haile Lessey, a fourth year veterinary student, the

bands guitarist and vocalist; and Jessil Moore, the bands keyboardist. But the band is open to anybody with positive energy and musical ability. Over the past year, Danish

guitarist Jonas Domarus and Canadian medi-cal student Kyle Everdeen have also played

with the band. A few weeks ago I sat with Richie

to talk about the band. As the name sug-gests, HEARTICAL makes music from the

heart. In his measured tone and thick Grena-dian accent, Richie explained that the band

wants to create an authentic vibe for itself first and for its listeners second. This band

of part-time students and part-time reggae musicians does not see its primary purpose

as providing entertainment;

The Band

instead, the members set out to share something real with their audi-

ence. Their mantra is to make music that the band enjoys and hope that other people

enjoy it too. Bob Marley, the band Midnight

and Protege are a few artistes that have

impacted the band members. But Massai's chanting, Karim's singing, Richies drumming and Jessils playing all combine to create an eclectic, jazzy, rootsy sound that is uniquely

HEARTICAL. The bands next performance is at UWISPEAK at UWIs St. Augustine campus.

Band Members Richie Maitland (left) and Massai Haile Lessey (right)

went on to become Solicitor General of St.

Lucia and Principal of the Hugh Wooding Law School. Others, like Deborah Peake SC

have gone on to become leading practition-ers.

I was, of course, in the Army for about 25 years both in Jamaica and in Trini-

dad and Tobago. I enlisted in the West India Regiment (the Army of the West Indies

Federation) in January 1959 having worked in the Grenada Government Service for

some three years after leaving school. School, the Army and the Civil Service and

the corporate world all contributed to my development.

Was your army training helpful in pre-paring you to become an attorney-at-

law? An Attorney-at-law needs a sort of self-

discipline not unlike that of an Army officer.

BY MIRIAM SAMARU

The Industrial Court was established on March 20, 1965 by section 5(1) of the Indus-trial Stabilisation Act. The Act was repealed

and replaced by the Industrial Relations Act of 1972. The Court is a superior court of record

and as such, has the status equivalent to the High Court of Justice. It is a specialized court

responsible for dispensing social justice. www.industrialcourt.org.

THE PRESIDENT OF the Court is His Honour Mr. Cecil Bernard. He kindly con-

sented to answer a few questions.

How long have you been President of the Industrial Court?

I am about to complete my sixth year as President of the Industrial Court, having

assumed office on December 12, 2005.

Prior to joining the Court, what did you do?

Immediately before joining the Court in December 1994, I was Corporate Secre-

tary and General Counsel of Trinidad and Tobago (BWIA International) Airlines Lim-

ited, the predecessor of Caribbean Airlines. Prior to that, I spent some six years at the

Solicitor Generals Department, Office of the Attorney General (some of these years

on loan from the Army). That was a very enjoyable and interesting assignment, with

some very bright young attorneys from the Hugh Wooding Law School providing an

intellectual environment second to none. We handled some of the most challenging

constitutional cases ourselves without a battery of English silk as is the custom now.

I hesitate to mention names but at risk of missing some, let me say that two Solici-

tors General became Justices of Appeal: Permanand JA and Jones JA. A number became judges: Archie CJ, Bereaux JA,

Dean-Armorer J, Mohammed J, Rajkumar J, Rajnauth-Lee J, and Master Patricia Sobion.

Some like Sharon Christopher and Jacquel-ine Quamina went into distinguished ca-

reers in banking. Another, Miriam Samaru,

Both have to set objectives which they

must achieve. Both demand a full measure of patient preparation. Both are sleep-

depriving careers and both are generally misunderstood by laymen. Life in one is

excellent preparation for life in the other.

What was the most memorable case you did while at the Solicitor Generals Department? To me, the case of Wayne Whiteman v.

The Attorney General was the most in-teresting. Ms. Sobion worked with me on

it and we won before Deyalsingh J. That judgment was overruled by the Court of

Appeal and the judgment of the Court of Appeal was upheld by the Privy Council.

Whiteman had been detained at the Arima Police Station on suspicion of lar-

ceny. He was released, without charge, after a number of hours at the station. He

claimed deprivation of the right to counsel and the right not to be deprived thereof.

We argued that without any charge being preferred against him there could be no

violation of the right claimed. I think that case is a good advertisement for the Carib-

bean Court of Justices relevance.

Have you seen any changes, good or bad, to the legal profession since you became an attorney-at-law?

I have been an Attorney for almost 40 years and clearly things have changed. We

showed more deference to the Court. No Attorney would appear before a judge for

the first time without first being intro-duced to the judge in Chambers by a sen-

ior, the rule against advertising was not circumvented as it is now; there was a

level of civility among Attorneys each of whom knew each other. That seems to

have gone. On the positive side, I think the Hugh Wooding Law School graduates,

if they absorb their training well, are better prepared for entering practice than those

of us trained in England.

(Continued on page 19)

THE GAVELTHE GAVEL A P U B L I C A T I O N O F

T H E H U G H W O O D I N G L A W S C H O O L

V O L U M E 3 , I S S U E 2 D E C E M B E R 2 0 1 1

Meet the President of the Industrial Court

His Honour Mr. Cecil Bernard