Gavel Issue - March 2012

8/11/2019 Gavel Issue - March 2012

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BY KERITH KENTISH

PUNCH LINE? HMMMforyou, my HWLS familyIll try: or-ganization second to none world-

renowned judges/mediators his-torically-beautiful Osgoode Hall 5competition days6 fact patterns24 teamsSECOND PLACE!

When mediation profes-sionals leave their jobs to attend thecompetition because they heardabout TEAM HWLS, that is themoment in which you appreciatethe value of months of preparation:Thursday ADR clinic sessions(which Shermaine and I are notregistered for); Saturday 10 am towhenever meetings; 3 am emails;

Ode to the HWLS UnderdogsIN T HIS

I S S U E :

Human Rights

Clinic 2012

2

Mediation -

The Way for

the Future

3

Stetson

International

Environmental

Moot Court

Competition

4

Signpost 7:

The

Unbeatable

HWLS Team

5

Excellence

at Client

Interviewing

Competition

6

The ACLI 7

Island Nights 8

Sports Day 10

What Not toWear

12

Soca UnderLockdown

18

M A R C H 2 0 1 2V O L U M E 3 , I S S U E 3

THE GAVELTHE GAVELA 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

Later that evening, we gnews that we advanced to the 8 aQuarter Final Round on Wedneday. Soon after, we advanced to tSemi-Final round to take place thafternoon, that is, four hours prepare a new fact pattern, nerepresentation plan, new openistatements, new strategy all wiVERYLOW ENERGY. But hewhat? WE made it to the FNALSsitting opposite OsgoodHall Law School.(Continued on page 3)

and that phone call from Franabout an article she printed for usto read as per Mrs. Yearwood-Welchs instruction (FantasticCoach/Motivator).

We arrived prepared forthe Preliminary Rounds (3 difficultfact patterns). The final fact patternin that round on Tuesday afternoonfocused on negotiating a soil reme-diation contract. Southwestern Uni-versity was noticeably stunned whenwe easily displayed our familiaritywith soil remediation language.

TEAM HWLS (L-R) Mrs. Yearwood-WelcKerith Kentish, aShermaine Desno


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Human Rights Clinic 2012BY DIANA AUGUISTE

THE EIGHT STUDENTS who made up theHuman Rights Clinic were initially a little sur-prised and perhaps a little disenchanted with themanner the course was going to be conducted.

We soon learnt that the course wouldcomprise of three components fairly unrelated towhat we thought would have been inclusive in theclinic. The components included:

A humanitarian aspect;

A school education project; and

A personal paper.

The humanitarian aspect involved the group un-dertaking a book drive for the purpose of collect-

ing 1,800 non-curricular books suitable for chil-dren between the ages of eight to twelve years.The objective was to donate these books to un-der resourced schools in Trinidad and Tobago.

This component proved to be the mostchallenging for the group. It involved seeking do-nations from individuals and corporate citizens,fund raising, and soliciting the assistance of thecommunity to contribute a used book to the

project. Two major fund raising activities under-taken by the group included a cake sale with adifference at the Hugh Wooding Law School and

one at the University of the West Indies Campus,St. Augustine.

Notwithstanding the challenges experi-enced by the group in reaching its target, welearnt a number of valuable lessons and life skills.Team work was an important feature, devotionto a cause, and learning that sometimes youdont always get what you ask for even if its for agood cause. The project was successfully com-pleted with the handing over of the books to theMinistry of Education on the March 8 th, 2012.

The writersfound the school educationproject to be a highlight of the clinic and quiterewarding. We were organized in groups of twosand we were to attend at various schools withinTrinidad to speak to the students on varioushuman rights issues. Each group had to make atotal of four hours presentation. The topicsranged from discrimination to state of emergencyand how it infringes on fundamental rights amongothers.

The final component was to write aproposal to the Attorney General of our jurisdic-tions identifying a piece of legislation which in-fringes on the human rights of the citizens andmaking recommendations for addressing suchbreaches.

CreditsTHE GAVEL is the officialnewsletter of the HughWooding Law School situ-ated at Gordon Street, St.Augustine, Trinidad andTobago. It is publishedthree times a year by a jointcommittee of staff and stu-dents.

Contributions andcomments are welcomed fromstaff, students or any other inter-ested parties.

Send all e-mails [email protected].

Editorial Committee:Nisha Mathura-Allahar(Staff)

Rudranath Maharaj

(Staff)Lila Rodriguez-Roberts(Student)

A y o d e l e M u r r a y(Student)

Vaasha A. Parag(Student)

Tamar Grant (Student)

Nikeh M. C. Smithen(Student)

Editor:Lila Rodriguez-Roberts

Design and Layout:Vaasha A. ParagNikeh M. C. Smithen

Photography:Jonathan Bhagan

THANK YOU

THE GAVEL NEWS

Team would like toacknowledge ourappreciation of thosemembers of theadministrative staff who helpus to publish every issue.Specifically we wish to thankMichael Rampersadsingh,Shevkumar Singh, MarleneHerriera, James Allen, DianeWilliams, and Roger A.Ramgoolam. Many handsmake the work light .

P A G E 2

HWLS STUDENTS of the Human Rights Clinicpack the final book donations


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Safraz Hussain, Yoshodra Rampersad, RussellKing, Lesah Denny, Joel Roper and the entire

ADR Clinic, Fran Campbell, and Selwyn Pie-ters.LastlyDO NOT BE FOOLED

BY MRS. YEARWOOD-WELCHSSMILE! CONSIDER YOURSELFWARNED! That smile appropriately shapeditself to that of a drill sergeant when it wastime to prepare for battle. I suppose that ifyou see Shermaine around, and if you asknicely, maybe shell act it out fuh yuh! She hade ting dung to a T! Fun talk aside, we arestill unsure whether a thank you to Mrs.Yearwood-Welch is even enough. Its a start.Suffice it to say, she is now more than a tu-torshe is now an eternal friend and motiva-

tor. We trust that shed take a bow.As second place finishers, the regis-

tration fee for next year has been waived.We have set the benchmark which you must

(Continued from page 1)As Co-Founder, Cliff Hendler said, I saw

HWLS grow every round. We didnt win thecompetitionwe won individual and pro-fessional growth.

Speaking of co-founders...OURvery own Shermaine Desnoes copped theICMA Founders Award for Most Out-standing Individual Competitor!!!!!!!! Inone Round, very early on in the competition,a judge told her, most sincerely: ...of the two

years that Ive been judging this competition, Ihave never seen someone use the power of themediator as effectively as you did.

After every round we had the op-portunity to interact with the judges(mediation professionals).

It would be remiss of us not tothank the persons that have made this experi-ence the success that it was: Justice Char-maine Pemberton, Ms. Natasha Seecharan,

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

Ode to the HWLS Underdogs (contd)

BY SHERMAINE DESNOES

ITS IRONIC THAT my media-

tion journey started with the Medi-ation Board of Trinidad and Toba-gos inaugural debate last yearwhere I vigorously argued againstmediation being the best approachto conflict resolution. I still stick tomy arguments represented thenBUT only by reason of syntax andthe unfeasible demand to declareone approach the best. Little did I

know that I would become one ofits biggest fans and go on ahead toparticipate at the InternationalCompetition for Mediation Advoca-cy in Canada.

The first thing I would say aboutthe experience is that learning MediationAdvocacy has undisputedly been the best partof my almost 5 years of law studies. Forsome, the skill may be unclear because ourcurrent ADR programme (through the Nego-tiation/Mediation Workshop) gives you asnapshot into the role of the lawyer in medi-ation, with more focus on how to be media-tors.

Contrary to what might be thought,lawyers play a significant role in the processand the level of preparation is equally or even

greater than that of trial. There is so much toit, you wouldnt believe. The reality is a lot of

legal work never actually reaches the courtroom. Many clients go to lawyers to deter-mine ways to settle all sorts of issues and tocome up with multiple solutions. How canyou best help your client? Knowing what isyour clients Best Alternative to a Negotiat-

Mediation - The Way for the Futureed Agreement (BATNA) is some-thing that can be mathematicallycalculated and is absolutely helpful at

a negotiation table. Using a formulathat writer Hal Abramson calls adecision tree analysis helps to de-termine that BATNA. So for exam-ple, a client may have a claim for $3million and his chances are 70:30, ifafter doing the formula it is learntthat he would ultimately get for him-self $1 million, then at the negotia-tion table you would know that anoffer along those lines should beacceptable. Again, this is just a smallpart of mediation advocacy, a skillthat is becoming increasingly im-

portant especially in light of our Civil Proce-

dure Rules and as a solution to the backlog ofcases in our courts.

As it is, our advocacy programmedoes not provide for negotiation theory orpractice so how will we learn these specificskills? My advice is, take part in any opportu-nities such as the ICMA or the ADR Clinicand read the materials which are available inthe library on the subject area. By doing soyou will develop your problem solving skillsand become a well rounded attorney. I haveseen the light and I wish the same for you.See you across the table.

MEDIATIONHAS CHANGED MY LIFE

(L-R) Mrs. Yearwood-Welch,Kerith Kentish, and Shermaine Desnoes

sit on with much discomfort, that is, the dis-comfort of hard work, dedication, discipline

and diligence.

International Competition for Media-tion Advocacy (ICMA) 2012 RANKING

1. Osgoode Hall;2.Hugh Wooding Law School;3. Maryland (Carey);4. Fordham;5. Stetson;6. Texas Wesleyan;7. Ottawa;8. Georgetown;9. Victoria;

10. Saskatchewan.


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P A G E 4

BY MAWENA BRATHWAITE

THE AMERICAN UNIVERSITY, Washington Collegeof Law (WCL), hosted the North American AtlanticRound of the 16th Annual Stetson International Environ-mental Moot Court Competition from February 3 rd5 th,2012 in Washington, DC. The competition was organizedby the WCL Program on International and ComparativeEnvironmental Law by David Hunter and Erika Lennon.

The WCL hosted seven (7) teamsfrom the United States as well as the Hugh Wooding LawSchool (HWLS) and the Eugene Dupuch Law School. TheHWLS was represented by the 3-member team compris-ing Kyle Prescod, Nikeh Smithen and Mawena Brathwaiteand was ably coached by Lecturer, Mr. Roger Ramgoolam.

The competition problem was both timely andinformative, dealing with the legal issues of Nuclear Acci-

dent and Sovereign Debt. The first issue was whether ornot a Requesting State was liable to reimburse the Re-

quested State under the Convention on Assistance in theCase of a Nuclear Accident outside of its territory and thesecond was whether a State was liable to compensate aState for the Unlawful Expropriation and Default on Sov-ereign Bonds.

The team performed very well with our veryown Nikeh Smithen taking the spot of Best Oralist in theFirst Round of the Competition while the team mootedagainst The John Marshall Law School from Chicago, Illi-nois, USA. Kyle Prescod was also highly praised for hisuse of emotive language.

The competition was overall a wonderful andvery educational experience where all three (3) teammembers learnt the importance of having a more conver-sational styled approach in arguments.

T H E G A V E L

ATLANTICREGIONAL

PARTICI-PANTS

(right)from LawSchools in the

Eastern UnitedStates and the

Caribbean enjoythe Welcome

Reception withWCL students,

WCL alumni,WCL profes-sors, and envi-

ronmentallawyers

Stetson International EnvironmentalMoot Court Competition 2012

HWLS PARTICIPANTS(left)at the RegionalQualifying Roundsof the Stetson InternationalEnvironmental MootCourt Competition 2012prepare for their First Round(L-R) Kyle Prescod,Mawena Brathwaite, andNikeh Smithen


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BY WESLEY GEORGE

HAVING BEEN ASKED to write an articleexpressing the experience of participating inthe annual Margaret Forte Mooting Competi-tion I sat in quiet solace wondering where topossibly begin.

The training is one I'm sure we willnever forget. It is quite difficult to express ina single word how it felt to be addressed bydistinguished legal minds such a Justice Holdip,

Justice Moosai, Justice Mendoca, Justcie Pem-

berton, Justice Brown Antoine, the Directorof Public Prosecutions Roger Gaspard SCand experienced judicial support staff allgathered to listen to an opening speech forthe first time as a training exercise.

The events of that day set thestandard for training: To become works ofart. The artist, her Honourable Madam

Justice Weekes', meticulous attention todetail, speech pattern, vocabulary and dic-tion were chisels which turned student at-torneys into highly capable advocates.

The moot finals, reserved in acourtroom of The Bahamas Hall of Justicetingled with the excitement of onlookers

positioned in the public gallery, jury com-prised of University Students and finally actu-al judicial support staff who dutifully playedtheir role.

If one were to assume that Amandaand Benjamin were nervous in the fulfillmentof their roles, the jury and the judges wouldnever have noticed. Amandas openingspeech was delivered flawlessly to the jury,Benjamins closing was considered excellentin the opinion of the judges.Participating in the Margaret Forte Mootingcompetition is a rare opportunity and wetake with us several important lessons:

Be preparedBe confident

Be bold

And most importantly, Be ethical

I am greatly appreciative for theopportunity given to not just represent anesteemed institution but also to experiencethough not to fullest extent what it is like tobe a criminal prosecutor.

Gratitude is extended to MadamJustice Weekes for her time, patience and forimparting to us her vast and diverse legalexperience. It was a truly an honor to haveworked with Amanda Riley and Benjamin

Drakes.On a whole the experience is one

that will never be forgotten and has nowjoined other momentous occasions to beconsidered a signpost on the path to the endof my final academic journey.

The precious remains.

SIGNPOST 7: The Unbeatable HWLS Team

THE HWLS TRUMPS AT FINALS -AGAIN!2012 HWLS Team (L-R) Wesley George, Amanda Riley, and Benjamin Drakes

A Scene from Margaret-Forte Semi-Finalsheld at the HWLS,

Trinidad and Tobago (below)


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7/20


BY JONATHAN BHAGAN

ITS MARCH 9TH, 2012 around 9 am andIm running down the fire escape of the

Ministry of Justice building, the AttorneyGeneral of Jamaica (AG) in front of me, mycolleagues from the Hugh Wooding LawSchool and the University of the West Indies(Cave Hill Campus) at my side, and numer-ous professors and judges from Florida,

Jamaica and the wider Caribbean at my back.I asked if anyone knew how strong

the tremor was-the small quake that wasmaking us evacuate the building. Nobodyknew for sure. The AG got a call to evacu-ate right after the first oral presentation byMiss Fleming and here we are now.

The American Caribbean LawInitiative Clinic held in Jamaica was anamazing experience. It has developed ouradvocacy skills, both written and oral, andtaught us so much more. We had to collab-orate with law students from Florida, Jamai-ca, The Bahamas and the wider Caribbean towork on real issues given by the AGs officein Jamaica.

Aside from some things being lostin translation, the commonalities betweenour legal systems made it possible to worktogether without much difficulty. We allcame from states with written constitutionsand influence from the British common law

(except one participant from Colombia Ibelieve), this allowed us a lot of commonground.

It is to be said that the Hugh

Wooding Law School delegation, consistingof J-Lany Williams, Aisha De Four, AyannahFleming and Jonathan Bhagan were all strongforces in their respective groups. We allmade oral presentations before the AG andhis colleagues and at the practice moot oneof us was named the best presenter out ofall the participants.

After the work was done on Fri-day, we had the opportunity to enjoy Jamai-

ca. A trip to Dunns River Falls was arrangedand this allowed us to form closer bondswith our colleagues from the Law Schools ofEugene Dupuch in The Bahamas, Florida

Coastal and FIU, and of course NormanManley in Jamaica.

Overall, the clinic can be callednothing less than a resounding success forthe Hugh Wooding Law School. Specialthanks to our tutor Mr. Akhail Khan andlecturer Mr. Emerson John-Charles whoaccompanied us on the trip and assisted usin the clinic.

The American Caribbean Law Initiative Clinic (ACLI)

Represent!HWLSDelegation(L-R)J-LanyWilliams,Aisha De Four,AyannahFlemming,and

JonathanBhagan

GO ICC Team Go!THE ANNUAL INTERNATIONAL Crimi-nal Court (ICC) Moot Court Competition(Regional Round for the Americas and Caribbe-an) was held from February 10 th - 12 th, 2012 atPace University School of Law, New York. TheHugh Wooding Law School (HWLS) was repre-sented by a four-member team consisting of

Johanan Lafeuillee-Doughlin, Mansergh Griffith,Kevin Webster, and Russell Warner.

The HWLS team successfully compet-ed at the Regional Round and will go on to rep-resent the School at the Finals which will be heldat The Hague, the Netherlands on April 27 th,2012 in an ICC Court Room and will be adjudi-cated by ICC judges.

The HWLS congratulates the ICCteam on its success thus far and wishes themexcellence at the Finals. GO HWLS team go!

(Look out for more news in our next issue.)HWLS-ICC TEAM (above)(L-R) Kevin Webster, Russell Warner,

Johanan Lafeuillee-Doughlin, and Mansergh Griffitho


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P A G E 8

Vere; Mango Ti, which told the story of

the evolution of the steel pan in Trinidadand Tobago and celebrated the 100 thanniversary of the first recording of a folksong in the twin island state. The pro-gram featured drama, song and dance bystudents and guests, the most notableperformance being that of the 1999 RoadMarch Champion Marvin Lewis renderingsome of his popular hits. This showcasewas followed by culinary offerings ofsome of the most delicious local cuisine,including green fig salad, baked chicken,corn soup and doubles. Guests eagerlyconsumed these delicacies in anticipation

of the Cooler fete which was promisedto follow. It was the general consensusthat this culminating segment lived up toits expectation as the scintillating melo-dies of soca and dancehall music met thetalented gyrations of guests in attendancefor a terrific time under the umbrella ofthe stars and moonlight. When the clockstruck 2.30am and it was time to depart,guests left well-satisfied and looking for-ward to both some much-needed restand Trinbago Night 2013.

T H E G A V E L

Displayingthe

Indo-Trini

culturethrough

dance!(right)

Carlonbelting

out atune on

the steelpan

(right)

TRINBAGO

NIGHTBY RENE JOSEPH

AWASH IN A sea of red, white and black,the Hugh Wooding Law School welcomed thearrival of Trinbago Night on January 29th, 2012themed The True Meaning of Sun, Sea andSand. The Night commenced with the custom-ary cultural presentation captioned, Mango

Experience the Melody!(above)

Afro Trini Roots


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

BY THANDIWE BENN

AFTER MANY HOURS of hard work,sacrifice and great anticipation, Guyana Night2012 was hosted at the Hugh Wooding LawSchool. The date was March 10th, 2012. Thetheme was My Guyana El Dorado. The first

line of this national song reads, My GuyanaEl Dorado, best of all the world to me and

the Guyanese students successfully presentedan extravagant display of the best of every-thing Guyanese.

The cultural presentation was heldunder the theme Guyanas Got Talent. Theindividual talent pieces introduced by ourlocal Ryan Seacrest aimed at displaying thevarious aspects of our culture. The singing offolk songs; the ethnic dances displaying oursix races; the energetic contemporary dances;the dramatic presentation of the Ole Higue(and we assure you, the Ole Higue sufferedno personal injury that evening); and even the

questions asked by the host were designed to

inform the audience about some fact aboutGuyana. The comedic and sometimes harshcomments of our panelist of judges certainlyadded to the delight of those in attendance.

No Guyana Night would be com-plete without a vast array of delicious Guya-nese cuisine. To display the dishes of ourraces, the students prepared Pepperpot, anAmerindian dish; Cook-up rice of Africanorigin; Roti and Potato Curry of Indian origin;Chowmein, a Chinese dish; and meats andsalads of European and Portuguese persua-sion. The Lecture Hall in which the dinnerwas hosted was decorated in gold and black

to further highlight our theme of My Guy-

ana El Dorado.The evening concluded with a

stress relieving and highly enjoyable afterparty featuring the musical styling of theHugh Wooding Law Schools own Selecta J.It was certainly an evening well spent!

The Guyanese students of theHugh Wooding Law School wish to sincerelythank all those who assisted us in hosting yetanother successful Guyana Night and it wasour pleasure to show you what makes Guy-ana, best of all the world to us!

T H E G A V E L

Guyanesemen ofHWLS

represent!(right)

Chasingthe OleHigue(soucouyant)(left)

A livelyDancefrom theGeorgetown!(left)

Displayingthe 6 rac-es of Guy-

anathrough

superbdance(right)

Guyanain all her Glory


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P A G E 1 0

Sports

T H E G A V E L

Usain Bolt has competition from the HWLS females! (above)

HWLS Staff gettingready for the MarchPast. To the joy of thestudents, the staff didnot retain their title tothe March Past eventthis year! (below)

March Past teamsgather for the showdown!


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Day!P A G E 1 1V O L U M E 3 , I S S U E 3

Going forGoldThe men getheated in playfor the basket-ball pre-sportsday events(left)

T H E G A V E L

Let me at em!Henri gears up for

a table tennisbattle in the pre-

sports daycompetitions

(above)

Orangeteam taketheir marchpast routinedown low(left)

Racingcenti-pedestyle!(above)

WINNING TEAM!!


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P A G E 1 2

What not to WearBY TAMAR GRANT

THE SOMBER COLOURscheme of this learned profes-sion can be stifling to the most sparkling of personalities. Butthe legal fraternity is steeped in tradition and norms which

are not likely to change overnight. Therefore my fashion for-ward colleagues and I are presented with the challenge ofinjecting life into a morbidly appropriate wardrobe withoutwaking the dead, so to speak.

T H E G A V E L

In light of the traditions of this long established profession, thedress code at the HWLS sets out the general standard expected of allstudents. However it is by no means exhaustive and thus requires thatwe exercise a measure of discretion when determining what is appropri-ate. To paraphrase the Honourable Madam Justice Weekes, no one hasforced you to choose the legal profession thus you must have a care andregard for the traditions and norms of the legal fraternity.

In this photo Nikitademonstrates how to sen-sibly add personal style.She is wearing a nauticalinspired jacket paired downwith a black skirt and con-ventional court shoes. Onetasteful statement piecemay be added to a tradi-tional outfit to give that

touch ofindividual style withoutbeing irreverent.Model: Nikita Vaughn(left)

Nothing beats a nicelytailored suit which flatters

the body.However ladies, fitted

clothing is not the samething as figure hugging. Flip

flops are also not suited.

Model: Laurissa Hosein(right)

A colourful shirt is another way

to add a punch of personality toyour outfit. But bright colourssuch as the red shown to theleftis definitely not sober.Dark maroons or pastel pinks,worn demurely on the inside ofa jacket are more appropriate.Model: Laurissa Hosein(left)

Sometimes the tra-

ditional three piecesuit may feel like astraight jacket. Jer-maine demonstratesan alternative whichmay be more agree-able, a vest suit.Model: Jermaine

Jervis (above left)

Another option for

guys can be a cardi-gan or even a polo

shirt. But theseshould be dressed upwith formal pants and

shoes to maintainsome level of sophis-

tication as demon-strated by Keon.

Model: Keon Gon-zales (above right)

Henris ensemble highlights many of

the infractions which can becommitted by guys but havenot been seen at the HWLS.

Firstly, wearing a regularT-shirt instead of dress shirt.

Secondly, a pair of jeans instead ofwearing a dress pants, which would

only pass for office wear on aconstruction site.

Finally, gentlemen, suits and soft-shoesdo not make appropriate office wear. If

you do not like cockroach mashersmay I suggest a nice pair of loafers.

Model: Henri Mangal (right)

Reynold modelsthe traditional

attire for males, athree piece suit.

Note the use of aproper satchel

and not haversackas seen below.

Model:Reynold Price(above centre)


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

Barristers and Robes...ever wondered WHY?

Article sourced from the Western Australian Bar Association Review 29Issue 1, June 2005

Counsel


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P A G E 1 4

Veera Bhajan Extraordinaire

BY NIKEH M. C. SMITHEN

(Veera Bhajan is a 2011 graduate ofthe Hugh Wooding Law School. Tomost she is known as the girl who wasborn without arms, but not many real-ise what a dynamic and resilient younglady she is. Read more.)

The Gavel:Now that you havecompleted your programme atthe Hugh Wooding Law Schoolfor your Certificate of LegalEducation what is next on theagenda for Veera Bhajan?Veera Bhajan: I wish to build asuccessful career in the legal field and

T H E G A V E L

gain as muchexposure as Ipossibly can inthe legal profes-sion.

TG: Whatinspired youto study lawin the firstplace?VB: There isntany particularreason why Ichose to studylaw but as timepassed I haverealized that

law is where mypassion trulylies.

TG: Youwere the2004 recipi-ent of theH u m m i n gBird Medal( S l i v e r )Award, the2009 recipi-ent of theExpress Indi-

vidual of theYear Award,and in May2011 youwere hon-oured by theCongress ofthe People.

How do you mark theseachievements in your life?VB: Receiving these awards weredefining moments in my life and I amtruly grateful. Express individual of theYear Award is particularly special tome, the main reason being I was votednumber one by the people of Trinidadand Tobago.

TG: What role do you seeyourself playing in the future ofTrinidad and Tobago, whetheron a micro or macro scale?VB: I wish to use my story as an inspi-ration to others and as such I wouldhope that my story would have a posi-

tive impact in the lives of others. I wishto become a motivational speaker andalso have a foundation someday.

TG:I would imagine that thereare certain persons who wouldhave helped propel you towhere you are today. Whowould you like to acknowledge?

VB:My parents and sister have beenthe biggest influence in my life, andtheir enduring love and commitmenthave allowed me to achieve my best.

My friends and teachers also had agreat impact in my life as they havealways given me the encouragementand support I needed throughout myschool life and private life.

TG:Apart from these personsdo you have any other rolemodels?VB:My mother is my role model. Shepossesses enormous strength andcompassion and is a wonderful exam-ple to all women, especially mothers.

My mother is my greatest blessing, Ibelieve she has done much more forme than I could have done for myselfwith two arms.

TG: What is one thing thatpeople generally do not know

about you?VB: I am very emotional and alsoquite impatient at times.

TG: Who is your favouriteWest Indies cricket player andwhy?VB: I admire Dwayne Bravo for hisenthusiasm and spirit on the field. Iadmire his passion for the game.

TG:What words of inspirationand encouragement would youlike to leave with us?VB: Despite the numerous challenges

you are faced with, always stay focusedand never lose sight of your goals. If

you fall, pick yourself up and try again.Choose to complain less and give more.Be thankful each day for your countlessblessings and always give your best atwhatever you do. Have a clear sense ofpurpose and always remember withself-belief and confidence nothing isimpossible.

Veera Bhajan,Attorney-at-Law(above)


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Whats Happening Thats

Quality

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

PREPARING FOR ACTTRE-REGISTRATION

The Council of Legal Education (HughWooding Law School) was registered bythe Accreditation Council of Trinidad andTobago (ACTT) on June 10th, 2009 inaccordance with Act No. 16 of 2004. Reg-

istration is valid for three years afterwhich an institution ceases to legally oper-ate. Re-registration is done on the basis ofan institutions compliance with sevencriteria: i) legal, policy and regulatory re-quirements; ii) governance and administra-tion; iii) quality management; iv) resourcemanagement; v) teaching-learning process;vi) review; and vii) continuous improve-ment. The Hugh Wooding Law School isagain preparing for re-registration with theACTT and shall have a site visit by evalua-tors from the ACTT in the comingmonths to enable the School to be re-registered by its legal deadline.

PRINCIPAL LAUNCHESPROJECT I.M.P.A.C.T.

The Principals Project I.M.P.A.C.T andCompetition was launched on Friday, Feb-ruary 3rd, 2012 and runs until April. TheProject which is managed by the Office forQuality Assurance, Research and Effective-ness provides students with the oppor-tunity to respond to the improvementdemands of the Law School by implement-ing small scale solutions. Further infor-mation could be obtained from the Stu-

dent Ambassadors.

MEET THE QUALITYAMBASSADORS

The Office recently appointed a delegationfrom among the finalists of the 2011 Prin-cipals Public Speaking Competition asStudent Ambassadors. The first year stu-dents who have graciously agreed to vol-unteer their services for the next year are:Deborah Carrington, Cara Shillingford,Nikeisha Thompson and Stephen Roberts.

The students are led by Johanan Lafeuillee-Doughlin, Head of Student AmbassadorsCorps, and last years Project I.M.P.A.C.T.

winner.

TUTORS LEARN HOW TO DESIGNBLENDED COURSES

The Law School has a number of incubatorprojects designed to improve teaching andlearning across the organization. In Decem-ber last year, the Office hosted a Tutorworkshop on blended learning design. Blend-ed learning enables courses to be designedusing traditional face-to-face and non-traditional teaching methods, including useof computer-based and online learning. Thefacilitator for the workshop was Dr. JohnGedeon, a locally-based American educa-tional technologist, who has many yearsinternational experience in education andtraining. In May, Tutors will be exposed to

2 workshops on skills for teaching adultstudents and methods for the assessment ofstudent learning outcomes facilitated by Dr.Eduardo Ali and Dr. Charmaine Bissessar, aneducational consultant.

QUALITY OFFICE GOES CROSSBORDER

The Office has been providing technical andadvisory support for the establishment andmaintenance of quality systems at the Eu-gene Dupuch and Norman Manley LawSchools. In order to offer this cross border

support the Office is designing and shallsoon establish a virtual knowledge and learn-ing exchange for the sharing of best practic-es and ways to improve administration,teaching, learning and services across allthree Law Schools. Additionally, the Officehas launched the first ever Annual Inter-LawSchools Teaching Effectiveness (LSTE) Con-ference to be held in Nassau, Bahamas inMarch this year. Tutors across all three LawSchools will share and benchmark their in-novative teaching practices and new areas of

curriculum research with their peers.

T H E G A V E L

BY ALANNA LALL

LOVE IS PATIENT, love is kind,It knows not face or age,

For love is blindIt is something that is hard to find,

It is a word that is difficult to define.

Falling in love is awfully simple,But falling out is simply awful

It is a constant source of pleasure and pain,

Surely love is a thing that can make you go in-saneIt is like a fire,

Whether it will burn your heart or warm it,You can never tell

Only love can break and mend a heart- This iswhat is often said!

And though love is love without saying I love

you,It takes two souls dwelling in one to say I do

It is like playing a piano,First you must play by the rules,

Then you must forget the rules and play fromyour heart,

Cause it is something that cannot be taught.

It is bestowed as a gift - freely and willingly,It is seeing an imperfect person perfectly

It means staying under the umbrella even afterthe storm has passed,

Cause truly, it is something thats meant to last

It has no remedy or cure,It is the melody of the heart,

Something thats true and pureIt clouds the heart with emotion and mind with

devotion,It runs even deeper than the ocean

This is only known until the hour of separation.

Love is easy,It is like making art,

All you need to do is follow your heart...For love knows no boundaries,

It keeps no records of a beginning or ending,Of right or wrong,

It creates priceless memories and endless mys-teries,

For lovers, a moment can be eternity,

But eternity might just be the tick of a clock!

FROM THE DESK OF: DR. EDUARDO ALI

MANAGER- OFFICE FOR QUALITY ASSURANCE, RESEARCHAND EFFECTIVENESS


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P A G E 1 6

T H E G A V E L

IVCF BIBLEWEEK 2012BY CANDACE SUBERO

THE HUGH WOODING Law School Chapterof the Inter-Varsity Christian Fellowship (IVCF)

celebrated Bible Week from February 6

th

10

th

,2012 at the Law Schools compound. The sched-uled activities got started with the weekly meetingthat was held in the Lecture Theatre on Tuesday,February 7th. The room was flooded with theexcitement and anticipation of those who attend-ed as they eagerly sought to fellowship, grow andworship God with their fellow colleagues. This

meeting was one with a difference since biblicalknowledge was tested and imparted by the use of aQuiz and a game of charades. Persons who an-swered correctly were the beneficiaries of give-aways and prizes.

On February 8th, a Panel discussion enti-tled, Friends with benefits, was conducted in the

Lecture Hall. Persons in attendance were privilegedto have Reverend Austin of the Tunapuna OpenBible Church and Dr. Dianne Douglas, Clinical Psy-chologist, as facilitators of this discussion. The Panel-ists shared their knowledge, experience and profi-cient advice as it relates to professional conduct andpractices which should be applied in achieving andmaintaining propriety in our working relationshipswith others. One of the concepts which the Panelistsstressed was that we are sexual beings and sinceGod birthed this desire in us to express our sexuali-ty, only a true appreciation of the covenant of mar-

riage would facilitate the proper expression of thatdesire. The session was very informative and culmi-nated in a question and answer segment followed byhearty refreshments.

On the final day of this amazing week,Thursday, February 9th, the IVCF hosted an after-noon Praise Concert in the Lecture Theatre. Thisevent was well patronized. It commenced with alively worship segment and was followed by a scintil-lating instrumental piece by musician extraordinaireReynold Price on the clarinet. Sandia HaroldRamnarine who followed was equally entertaining.She performed a highly energised, but yet graceful,worship dance and did not struggle to captivate theaudience with her every impassioned movement.This Praise Concert signified an enthralling end to aweek of activities for the IVCFs Bible Week whichwas well received and appreciated by persons whoattended. Although the celebration was short, it

certainly served to enrich and bless the lives of thestudents who were present.

Bible Week has served as a reminder thateven in the middle of hectic schedules and work thatmay seem never-ending if we just take time to focuson God, His peace will sustain us. It has helped toremind us that Bible Week is not just a time setaside to revel in things not usually enjoyed yearround but it is an opportunity to foster and harness acloser relationship with God by finding fun and crea-tive ways of enjoying His presence and basking in His

divine glory.

A fun, en-lightening,

blissful andHeavenly

experience.

- Candace Su-bero

CONGRATULATIONS TRANSITIONAL STUDENTS!


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HWLS Hindu Society TourP A G E 1 7V O L U M E 3 , I S S U E 3

BY TAMAR GRANT

ON SUNDAY, FEBRUARY 19th, 2011,while some of my colleagues slept in after a

night of carnival activities, a small group ofus gathered at the Hugh Wooding LawSchool to embark on a tour of landmarks inCarapichaima in west-central Trinidad. Theexperience was my first real opportunity forsight-seeing and was made memorable bythe colourful and impressive structures visit-ed, the impromptu side tours, wonderfulcompany, and in light of the season, appro-priate sound tracks.

Our first stop was one of thoseimpromptu side tours. We visited DivaliNagar, located in Chaguanas, which is a ma-

jor site during Divali celebrations held inOctober. Although the lights and other dec-orations had long since been removed, wewere taken by the striking view of a cobaltcoloured edifice of Lord Shiva, sitting in acarefully maintained lush garden, against theclear azure sky. The variations of blue huesand green pigments were a welcome respitefrom the sober colours of the law school.

Upon the suggestion of Shiva Boo-

doo, President of the HWLS Hindu Society,we visited the primary attractions in reverseorder. It would be a fortuitous decision forwe arrived at the Siewdass Sadhu Shiv Man-

dir or Temple in the Sea just as prayers

had finished and the temple was beingclosed. Ill advised, we lingered on the shoremarvelling at the illusion of a white temple

floating on the water before crossing the300 feet footpath leading to the temple.Fortunately, we were granted a few mo-ments to enter the temple bare-footed andexamine the brightly coloured marble stat-ues that filled the octagonal structure. Wewove our way around the back of the tem-ple, noting the various prayer flags and offer-ings dotting the shoreline, before retreating.As we left, we paused by the commemora-tive statue of Siewdass Sadhu, the man whosingle handedly built the structure.

Backtracking along Orange FieldRoad and turning onto Waterloo Road wemade our way to the Maha Sabha Indian

Caribbean Museum. It is theonly museum of its kind,dedicated to the preserva-tion of the material historyof East Indian and SouthAsian descendants in theCaribbean. On the museumsgrounds was an example of ahut lived in by indentured

servants and we could notresist the opportunity togoof around and take pho-tos. We also examined thevarious artefacts. Of particu-

lar interest were the displays ofmusical instruments, art work,

jewellery and traditional garbsincluding a pair of wooden

shoes which generated much interest. Wealso browsed a collection of books and arti-cles held by the library. As a former historystudent, I found the visit to the museum

particularly intriguing and lamented the factthat this type of material was not readilyavailable when I studied history at secondaryand tertiary level. After signing the visitorslog and saying our goodbyes, we made ourway to the last location.

The Hanuman Murti located atThe Dattatreya Yoga Centre in Orange Field

Road makes for an impressive sight. Tower-ing over 85 feet tall, it is intricately carvedand brightly decorated revealing an incredi-ble amount of creativity and ingenuity. Thegroup was so enthralled, that the prospectof walking across sun-baked tiles barefootedto get a full 360 degree view did not deterthem. The temple complex also boasts twoelephant statues which were alluring in theirown right and considerably easier to photo-graph. Unfortunately we were unable toenter the temple but we did wander aroundthe compound appreciating its structure anddesign. One particularly nifty sight is set intothe dome roof of the entrance. There you

would see several brightly coloured, playfulstatues, tightly packed into a crevice staringdown at you.

As we proceeded to leave theCarapichaima area, Shiva took us on one lastdetour to Brick Field. This is an area knownfor bird watching where tours are conduct-ed by boat. We did not venture out butsome of us took the opportunity to sit along

the river bank and watch it slowly meanderits way. The serene and tranquil atmospheregave me an opportunity for quiet reflection,to think on things other than my civil assign-ment and Trial Advocacy I presentation.

I would like to thank Dimple Singhand Shiva Boodoo who organised the eventand served as our effective tour guides. Iwould echo the sentiments of other groupmembers in requesting another tour, possi-bly to the bird sanctuary, in the not toodistant future.

T H E G A V E L

HWLS studentsgather at the Lord Shiva Murti,Divali Nagar (above)

Temple in the Sea


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P A G E 1 8

T H E G A V E L

SOCA UNDER LOCKDOWNBY RICHIE MAITLAND

ON FEBRUARY 2ND, 2012, I had the pleasure ofaccompanying Mrs. Dianne Marshall-Holdip as her

guest at the 12th Annual Inmates Calypso Competi-tion at the Maximum Security Prison in which she was

judging.On entering, I felt the eerie feeling, which

though not quite that, was reminiscent of a mixture offear and repulsion, a sort of deep primal aversion thatI always get in institutions like prisons and mentalinstitutions. It didnt help in the least that I had beento this very institution before on the Prison trip orga-nized by the Hugh Wooding Law School last year.

The distaste was compounded by the factthat my Kindle, no more than an electronic book, wasconfiscated for reasons I can only conclude are arbi-trary. I nonetheless resolved to enjoy the experienceas wholesomely as I could, without my appreciation ofthe event being tainted by the vestiges of ill feelings Ihad acquired on entering the prison.

I was assistedin this regard by the factthat we were escortedto the area where thecompetition was beinghosted and immediatelywas overwhelmed by thecollective hue of excite-ment and anticipationemanating like a vapourfrom the mass of prison-ers. These hardened

men, with hardened per-sonalities, in blue shortpants suits under whitetents, sweltering in thesun, grinning, talking,picking their faces andstaring at us; their pin-point, untrusting eyesmaking me feel like a spectacle. Their zealousness incamaraderie and the way their smiles burst easilyfrom their hardened masks spoke of their eagernessto exhale. I was transported back to the days of beinga primary school boy when we were awaiting thearrival of some entertainment personage. The atmos-phere had that same texture.

The disparity in the inmates racial repre-sentation viewing the competition was apparent. Iapproximated that an overwhelming 85% of the in-mates were of African descent, 10% of East Indiandescent and the other 5% were a mixture of Spanishand White descent; this in a context where personsof African descent constitute approximately 45% ofthe population of Trinidad and Tobago. I thought thenthat some serious social work needed to be done toaddress the fact that persons of African descent dis-

proportionately commit crimes; to address what Iunderstand to be the cultural factors which manifestultimately in the prisons demography. Later that day,

Madame Holdip told me of the Calypso Who in de

Zoo by calypsonian Contender. When asked by themedia about the fact that during the state of emer-gency, predominantly black persons were beingrounded up and carted to prison, Commissioner ofPolice Dwayne Gibbs commented that he didntknow who was in the zoo. Contender tells the Com-missioner in his calypso, that its only African lions inthe zoo, I might see a Bengal tiger or two, I neversee a polar bear mind you, only African lions in thezoo. The calypso struck a chord with my earlierrealization for obvious reasons.

The competition began and despite thegratingly bad quality of the sound system and theobvious lack of a musical ear or voice training for thevast majority of the inmates, I was simply awed bythe creativity of the performers. The constraintsallow me to talk only of some of the more memora-

ble performances and songs.The first performance Not

in the Mood was one ofthese.

Performed by theduet Typical Trini the songis a creative piece about thefact that while it was thecarnival season, and theother prison inmates wereovercome with a carnivalsentiment, they were not in

the mood owing to thedeprivations of prison life.They sang about the fetesthey were missing, the infi-delity anxieties they had toendure as part of prison lifeand that they drank onlymauby, with a bitter taste,

cyan get beer, is water by the case. The enthusiastic

crowd response showed that the sentiments wereappreciated by the other inmates.

Where is the love by Glenroy Francis,sobriquet De Lasky was a lyrical social commentary

on the lack of prosecution for financial crimes. Heopens by saying that the maximum sentence for

white collar crime in Trinidad and Tobago is 2 years;I cant say whether this is true. He then sings of in-stances of white collar corruption that goes into achorus saying Calder Hart say he sorry, but he livingit up in Miami. Well what John Public wants to know,is what he sorry for? Duprey say he sorry, Clico lookunhappy. Well what John Public wants to know, iswhat they sorry for?

(Continued on page 19)

...overwhelmed by the

collective hue of excite-ment and anticipation

emanating like a vapour

from the mass of pris-oners.

- Richie Maitland

fertility

of

creativity

in

adverse

circum-

stances

- Richie

Maitland


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

SOCA UNDER LOCKDOWN (Contd)(Continued from page 18)

Bangladesh Baron, a very skinny Indian man with an over-sized full maroon suit, was very memorable in his performance be-cause of his lyrical prowess, but more so because as his name sug-gests, he sounds like an exact replica of the famed calypsonianBaron; that saccharine tone that cuts you like a nylon string on abamboo kite.

The two most memorable performances though were byJohn Kallicharan and Dion Briggs; Kallicharan, sobriquet Phone Card,

performed Open Remorse, a plea in mitigation addressed to theparole committee. His voice had a grating texture, as if there wasgravel in his throat, which for all its roughness had a nice quality to it.You felt the sincerity in his very well crafted song; so much so thatpersons, including the judge sitting in front of me, were moved toserious tears. The performance left no doubt that he is indeed re-morseful for his crime.

Equally as memorable, though in a very different mood wasthe performance of Dion Briggs, sobriquet Bumper who performedCarnival Madness, a song about his wining prowess and his ability toattract foreign and other women with it. His song was indeed com-plemented by a demonstration of his ability to the great amusementof the majority of onlookers including myself, and the slight chagrin of

BY MELISSA PAPOONSINGH

AYE MAN, WHENI dress,It must to be impress!

Doesnt matter if its red, pink, greenor blue

Fashion was made for me and you

Buh what happens when you enterde court

You should ask is my skirt too short

Dis tie, is it too bold and brightIs my shirt dazzling in d light

My fellow colleagues I must sayDat there are unwritten rules we

must obeyFor as an Attorney who is quite

juniorBlack or very dark clothing should

be your colourHowever outside d court, theserules should not extend to theeAs red and pink may match your

personalityOrange and yellow, may just make

you happyAnd as such colours does not reflect

if yuh is a good Attorney.

Sometimes you may want to wear d

national colourRed in Trinidad, or green in JamaicaTo support yuh cricket team, on 20

20 dayFor outside the profession, colourshould be your personal choice all

the way..Colour is our Caribbean flavor.

PINK&RED..EH?

others. His performance won him awards for Road March, Most Hu-

morous and Peoples Choice Calypso.The competition was won ultimately by Vernon Trotman

with his song True Rehabilitation which called on government toplace more emphasis on rehabilitating convicts for reintegration. It iseasy to see why he won with his combination of lyrics and stage pres-ence.

Also worthy of mention, was Master of Ceremony LimpingLarry, so called because of his limp. An ex-inmate of ten years, nowemployed at Petrotrin, he had the crowd literally rolling in laughterwith his impromptu wit and anecdotes. I for one got an abdominalworkout.

All in all, this day was one of the best Ive had in my exist-ence. Between the actual performances and the conversations withMadame Holdip as to the cultural/historical importance of Carnivaland Calypso music, and whether it was easier to overcome classismand the social glass ceilings in Grenada than Trinidad and Tobago, myspirit was rejuvenated. I had the benefit of seeing the fertility of crea-tivity in adverse circumstances and some quite outrageous but hilari-ous theatrical elements the prisoners used to complement their per-formances.

Madame Holdip, thank you for a day very well spent. It trulywas one of my best ever.


20/20

see each other's perspectives and yes, it pro-vides me with a rich appreciation of ADR vis-a-vis trial.

TG: What is the general perspectiveamong Judges in respect of ADR?Pemberton J: I think that most Judges in the

jurisdictions that I have served to date and withwhom I interact are united in their appreciationof ADR as opposed to settlement by trial. Imust say that most Judges are well trained andequipped to deal with these issues. Pre-Action

protocols are within the province of the Attor-ney-at-law. They only come into focus beforethe judge when dealing with the issue of costs.

TG: Can a Judge choose to disregardthe issue of settlement and proceeddirectly to litigation in furthering theoverriding objective of the CPR, not

just to deal with cases efficiently andspeedily but also justly?Pemberton J: Once a matter reaches thecourt, the Judge makes a judgment call as tothe most appropriate form of dispute settle-ment to be employed. If there is any issue of a

BY MUDASSAR KARAMATH

(The Hon. Madam Justice Pemberton is aJudge of the High Court of Justice of the Re-public of Trinidad and Tobago. Justice Pem-berton kindly consented to answer a few ques-tions for The Gavel on civil reform.)

The Gavel: Do you think any of theprovisions of the Civil ProcedureRules 2008 of Trinidad and Tobago(as amended) (CPR) should be gen-der specific?Pemberton J: The CPR comprises a body ofsubsidiary legislation. The primary legislation isthe SUPREME COURT OF JUDICATURE

ACT of the various territories. The lead mustcome from that legislation. I do not think that

gender specific issues can be addressed instatutes of general application of that nature.

TG: Do you think a strict or liberal

approach should be adopted withregard to the CPR?Pemberton J: One of the planks of theunderlying philosophy of the CPR is flexibility,but flexibility within a context of general ob-servance of the strictures of impartiality, com-petence, effectiveness and efficiency. The liber-al approach that you speak of I take to meanthe liberal approach to the interpretation ofthe Rules. As you are aware, the words usedin any statute, rule, order or for that matter,any piece of writing must first be given theirordinary and literal meaning. That is the ap-proach to interpretation of the CPR. Compli-ance is another issue. Compliance is mandat-ed, but the Rules allow the courts to modifytime limits on a case by case basis if goodreasons are given for the requested departure.

TG: How has your exposure to ADR,especially mediation, altered yourapproach as a High Court Judge inadjudicating matters?Pemberton J:My training in Mediation allowsme to examine matters from a number ofperspectives, not only my own. It helps me inmy role as a Case Manager and Early NeutralEvaluator. It allows me to encourage parties to

power imbalance and the trial is the most ap-propriate form of dispute settlement, then sobe it. Trial it is. Remember not every mattercan benefit from forms of settlement that donot involve a trial.

TG: Would you agree that a fullycomputerized civil litigation systemwould only assist in furthering theobjectives of the CPR?Pemberton J: The use of technology is pro-vided for in the CPR. In Trinidad and Tobagoand in the Eastern Caribbean where I served,

the use of technology was appreciated andencouraged by the court system. All of thecourtrooms in Trinidad and Tobago and thenewer courtrooms in the EC are outfitted withcomputer friendly seating. I cannot see a Judgeobjecting to the use of a computer in the court-room either in Trinidad and Tobago or in theEastern Caribbean or for that matter anywherein the Caribbean. The Chief Justices, at leastsince 1998, have all recognized the valueof technological advances and I do not see areturn to the pre-techno days.

THE GAVELTHE GAVELA 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 3 M A R C H 2 0 1 2

The Face of Civil ReformTheHon. Mad-am JusticePemberton,

Judge of

High Courtof Justice(left)

Documents

Gavel Issue - March 2012