The document summarizes the Hugh Wooding Law School's performance at the International Competition for Mediation Advocacy in Canada. It discusses how the HWLS team placed second after intensive preparation over many months. It highlights Shermaine Desnoes winning the Founders Award for Most Outstanding Individual Competitor. The summary praises the coaching of Mrs. Yearwood-Welch and thanks all those involved in supporting the team's success.
The document summarizes the Hugh Wooding Law School's performance at the International Competition for Mediation Advocacy in Canada. It discusses how the HWLS team placed second after intensive preparation over many months. It highlights Shermaine Desnoes winning the Founders Award for Most Outstanding Individual Competitor. The summary praises the coaching of Mrs. Yearwood-Welch and thanks all those involved in supporting the team's success.
The document summarizes the Hugh Wooding Law School's performance at the International Competition for Mediation Advocacy in Canada. It discusses how the HWLS team placed second after intensive preparation over many months. It highlights Shermaine Desnoes winning the Founders Award for Most Outstanding Individual Competitor. The summary praises the coaching of Mrs. Yearwood-Welch and thanks all those involved in supporting the team's success.
The document summarizes the Hugh Wooding Law School's performance at the International Competition for Mediation Advocacy in Canada. It discusses how the HWLS team placed second after intensive preparation over many months. It highlights Shermaine Desnoes winning the Founders Award for Most Outstanding Individual Competitor. The summary praises the coaching of Mrs. Yearwood-Welch and thanks all those involved in supporting the team's success.
you, my HWLS familyIll try: or- ganization second to none world- renowned judges/mediators his- torically-beautiful Osgoode Hall 5 competition days 6 fact patterns 24 teams SECOND PLACE! When mediation profes- sionals leave their jobs to attend the competition because they heard about TEAM HWLS, that is the moment in which you appreciate the value of months of preparation: Thursday ADR clinic sessions (which Shermaine and I are not registered for); Saturday 10 am to whenever meetings; 3 am emails; Ode to the HWLS Underdogs I N THI S I SSUE: 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 to Wear 12 Soca Under Lockdown 18
M A R C H 2 0 1 2 V O L U M E 3 , I S S U E 3
THE GAVEL THE 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
Later that evening, we got news that we advanced to the 8 am Quarter Final Round on Wednes- day. Soon after, we advanced to the Semi-Final round to take place that afternoon, that is, four hours to prepare a new fact pattern, new representation plan, new opening statements, new strategy all with VERY LOW ENERGY. But hear what? WE made it to the FI- NALSsitting opposite Osgoode Hall Law School. (Continued on page 3) and that phone call from Fran about an article she printed for us to read as per Mrs. Yearwood- Welchs instruction (Fantastic Coach/Motivator). We arrived prepared for the Preliminary Rounds (3 difficult fact patterns). The final fact pattern in that round on Tuesday afternoon focused on negotiating a soil reme- diation contract. Southwestern Uni- versity was noticeably stunned when we easily displayed our familiarity with soil remediation language. TEAM HWLS (L-R) Mrs. Yearwood-Welch, Kerith Kentish, and Shermaine Desnoes Human Rights Clinic 2012 BY DIANA AUGUISTE
THE EIGHT STUDENTS who made up the Human Rights Clinic were initially a little sur- prised and perhaps a little disenchanted with the manner the course was going to be conducted. We soon learnt that the course would comprise of three components fairly unrelated to what we thought would have been inclusive in the clinic. 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 most challenging for the group. It involved seeking do- nations from individuals and corporate citizens, fund raising, and soliciting the assistance of the community to contribute a used book to the project. Two major fund raising activities under- taken by the group included a cake sale with a difference 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, we learnt a number of valuable lessons and life skills. Team work was an important feature, devotion to a cause, and learning that sometimes you dont always get what you ask for even if its for a good cause. The project was successfully com- pleted with the handing over of the books to the Ministry of Education on the March 8 th , 2012. The writers found the school education project to be a highlight of the clinic and quite rewarding. We were organized in groups of twos and we were to attend at various schools within Trinidad to speak to the students on various human rights issues. Each group had to make a total of four hours presentation. The topics ranged from discrimination to state of emergency and how it infringes on fundamental rights among others. The final component was to write a proposal to the Attorney General of our jurisdic- tions identifying a piece of legislation which in- fringes on the human rights of the citizens and making recommendations for addressing such breaches. Credits THE GAVEL is the official newsletter of the Hugh Wooding Law School situ- ated at Gordon Street, St. Augustine, Trinidad and Tobago. It is published three times a year by a joint committee of staff and stu- dents. Contributions and comments are welcomed from staff, students or any other inter- ested parties. Send all e-mails to hwls.newsletter@gmail. com.
Editorial Committee: Nisha Mathura-Allahar (Staff) Rudranath Maharaj (Staff) Lila Rodriguez-Roberts (Student) Ay o d e l e Mu 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. Parag Nikeh M. C. Smithen
Photography: Jonathan Bhagan 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 Rampersadsingh, Shevkumar Singh, Marlene Herriera, James Allen, Diane Williams, and Roger A. Ramgoolam. Many hands make the work light .
P A G E 2
HWLS STUDENTS of the Human Rights Clinic pack the final book donations Safraz Hussain, Yoshodra Rampersad, Russell King, Lesah Denny, Joel Roper and the entire ADR Clinic, Fran Campbell, and Selwyn Pie- ters. LastlyDO NOT BE FOOLED BY MRS. YEARWOOD-WELCHS SMI LE! CONSI DER YOURSELF WARNED! That smile appropriately shaped itself to that of a drill sergeant when it was time to prepare for battle. I suppose that if you see Shermaine around, and if you ask nicely, maybe shell act it out fuh yuh! She ha de ting dung to a T! Fun talk aside, we are still 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 the competitionwe won individual and pro- fessional growth. Speaking of co-founders...OUR very own Shermaine Desnoes copped the ICMA Founders Award for Most Out- standing Individual Competitor!!!!!!!! In one Round, very early on in the competition, a judge told her, most sincerely: ...of the two years that Ive been judging this competition, I have never seen someone use the power of the mediator 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 to thank the persons that have made this experi- ence the success that it was: Justice Char- maine Pemberton, Ms. Natasha Seecharan, P A G E 3 V O L U M E 3 , I S S U E 3 T 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 year where I vigorously argued against mediation being the best approach to conflict resolution. I still stick to my arguments represented then BUT only by reason of syntax and the unfeasible demand to declare one approach the best. Little did I know that I would become one of its biggest fans and go on ahead to participate at the International Competition for Mediation Advoca- cy in Canada. The first thing I would say about the experience is that learning Mediation Advocacy has undisputedly been the best part of my almost 5 years of law studies. For some, the skill may be unclear because our current ADR programme (through the Nego- tiation/Mediation Workshop) gives you a snapshot 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 process and the level of preparation is equally or even greater than that of trial. There is so much to it, you wouldnt believe. The reality is a lot of legal work never actually reaches the court room. Many clients go to lawyers to deter- mine ways to settle all sorts of issues and to come up with multiple solutions. How can you best help your client? Knowing what is your clients Best Alternative to a Negotiat- Mediation - The Way for the Future ed Agreement (BATNA) is some- thing that can be mathematically calculated and is absolutely helpful at a negotiation table. Using a formula that writer Hal Abramson calls a decision tree analysis helps to de- termine that BATNA. So for exam- ple, a client may have a claim for $3 million and his chances are 70:30, if after doing the formula it is learnt that he would ultimately get for him- self $1 million, then at the negotia- tion table you would know that an offer along those lines should be acceptable. Again, this is just a small part of mediation advocacy, a skill that is becoming increasingly im- portant especially in light of our Civil Proce- dure Rules and as a solution to the backlog of cases in our courts. As it is, our advocacy programme does not provide for negotiation theory or practice so how will we learn these specific skills? My advice is, take part in any opportu- nities such as the ICMA or the ADR Clinic and read the materials which are available in the library on the subject area. By doing so you will develop your problem solving skills and become a well rounded attorney. I have seen the light and I wish the same for you. See you across the table.
MEDIATION HAS 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. P A G E 4 BY MAWENA BRATHWAITE
THE AMERICAN UNIVERSITY, Washington College of Law (WCL), hosted the North American Atlantic Round of the 16 th Annual Stetson International Environ- mental Moot Court Competition from February 3 rd 5 th , 2012 in Washington, DC. The competition was organized by the WCL Program on International and Comparative Environmental Law by David Hunter and Erika Lennon. The WCL hosted seven (7) teams from the United States as well as the Hugh Wooding Law School (HWLS) and the Eugene Dupuch Law School. The HWLS was represented by the 3-member team compris- ing Kyle Prescod, Nikeh Smithen and Mawena Brathwaite and was ably coached by Lecturer, Mr. Roger Ramgoolam. The competition problem was both timely and informative, dealing with the legal issues of Nuclear Acci- dent and Sovereign Debt. The first issue was whether or not a Requesting State was liable to reimburse the Re- quested State under the Convention on Assistance in the Case of a Nuclear Accident outside of its territory and the second was whether a State was liable to compensate a State for the Unlawful Expropriation and Default on Sov- ereign Bonds. The team performed very well with our very own Nikeh Smithen taking the spot of Best Oralist in the First Round of the Competition while the team mooted against The John Marshall Law School from Chicago, Illi- nois, USA. Kyle Prescod was also highly praised for his use of emotive language. The competition was overall a wonderful and very educational experience where all three (3) team members learnt the importance of having a more conver- sational styled approach in arguments. T H E G A V E L
ATLANTIC REGIONAL PARTICI- PANTS (right) from Law Schools in the Eastern United States and the Caribbean enjoy the Welcome Reception with WCL students, WCL alumni, WCL profes- sors, and envi- ronmental lawyers Stetson International Environmental Moot Court Competition 2012
HWLS PARTICIPANTS (left) at the Regional Qualifying Rounds of the Stetson International Environmental Moot Court Competition 2012 prepare for their First Round (L-R) Kyle Prescod, Mawena Brathwaite, and Nikeh Smithen P A G E 5 V O L U M E 3 , I S S U E 3 T H E G A V E L BY WESLEY GEORGE
HAVING BEEN ASKED to write an article expressing the experience of participating in the annual Margaret Forte Mooting Competi- tion I sat in quiet solace wondering where to possibly begin. The training is one I'm sure we will never forget. It is quite difficult to express in a single word how it felt to be addressed by distinguished legal minds such a Justice Holdip, Justice Moosai, Justice Mendoca, Justcie Pem- berton, Justice Brown Antoine, the Director of Public Prosecutions Roger Gaspard SC and experienced judicial support staff all gathered to listen to an opening speech for the first time as a training exercise. The events of that day set the standard for training: To become works of art. The artist, her Honourable Madam Justice Weekes', meticulous attention to detail, speech pattern, vocabulary and dic- tion were chisels which turned student at- torneys into highly capable advocates. The moot finals, reserved in a courtroom of The Bahamas Hall of Justice tingled 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 played their role. If one were to assume that Amanda and Benjamin were nervous in the fulfillment of their roles, the jury and the judges would never have noticed. Amandas opening speech was delivered flawlessly to the jury, Benjamins closing was considered excellent in the opinion of the judges. Participating in the Margaret Forte Mooting competition is a rare opportunity and we take with us several important lessons:
Be prepared Be confident Be bold And most importantly, Be ethical I am greatly appreciative for the opportunity given to not just represent an esteemed institution but also to experience though not to fullest extent what it is like to be a criminal prosecutor. Gratitude is extended to Madam Justice Weekes for her time, patience and for imparting to us her vast and diverse legal experience. It was a truly an honor to have worked with Amanda Riley and Benjamin Drakes. On a whole the experience is one that will never be forgotten and has now joined other momentous occasions to be considered a signpost on the path to the end of 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-Finals held at the HWLS, Trinidad and Tobago (below) P A G E 6 V O L U M E 3 , I S S U E 3 T H E G A V E L BY LUAN HARFORD
THE LEX CARIB- BEAN Client Inter- viewing Competition was hosted by the Eugene Dupuch Law School (EDLS) and held on January 27, 2012 at the Lecture Theatre for Culinary and Hospitality Man- agement in Nassau, Bahamas. The Hugh Woo d i n g L a w School (HWLS) was represented by Oliv- ia Cadogan (above left), Nickardo Law- son (centre) and Luan Harford (right). The team was coached by Mrs. Martha Des Vignes and Ms. Barbara Lodge-Johnson. Before the programme commenced, the participating teams and their coaches met briefly with the panel of judges, which consist- ed of two renowned attorneys and a clinical psychiatrist: Mr. Harvey Tynes QC, Mrs. Sha- ron Wilson, and Dr. Timothy Barrett respec- tively. The judges were given no indication of the respective jurisdictions of the participating teams, in an effort to ensure fairness. After a brief prayer, followed by opening remarks from the organizer Cheryl Grant-Bethel, the Eugene Dupuch Law School commenced the competition with their inter- view. The team was represented by Camryn Cartwright, Renaldo Toote and Gia Wright. The second team to be called was Norman Manley Law School which comprised Tosya Francis, Lecia Gaye Gordon and Randall Sheppard. Each team was allocated 30 minutes to conduct its interview. During the 30 minutes, all relevant details were to be gath- ered and the client was to be advised, as far as possible, on all relevant legal issues. An addi- tional 10 minutes was given for the team to debrief, share their thoughts of the client, iden- tify the legal issues and recommend an appro- priate course of action. The client/actor played the role of Anthony Ball who had been charged, together with Chester Dames, in the kidnapping, armed robbery and murder of Fred Fisher. He admit- ted to the police that he and Chester Dames kidnapped Fisher to rob him. He further admit- ted that they had taken Fisher to a deserted beach, stolen his money and jewellery at gunpoint, after which Chester Dames shot and killed him. However, Anthony Ball claimed that he was forced by Dames to participate in the crimes. Finally, the team from the HWLS was called to wind-up the competition. The interview was conducted by Nickardo and Olivia who appeared relaxed and comforta- ble with the client. The pair asked deep- rooted questions and did an excellent job in gathering relevant details. In fact, they were the only ones to discover that the client had unlawfully escaped police custody. Both Nickardo and Olivia had a good knowledge of the laws of The Bahamas and of recent amendments, to which they made reference. They set out the defence of duress for the client and explained to him the reality of the charges which lay before him. The team even advised Anthony Ball of the importance of making provisions for his family, which was highly commendable. The chemistry be- tween the two was evident. Each compli- mented the other, and the roles were well- balanced. The judges retired for almost an hour to consider their decision. The teams waited in the halls, eager to hear the re- sults. Regardless of what they were, the HWLS was well repre- sented in Nassau. Clinical Psychiatrist, Dr. Timothy Barrett, delivered the comments and scores of the judging panel. The team from the Hugh Wooding Law School was praised for having the best interviewing skills and for extracting the most information from the client. Full scores were allocated for the postmortem segment which the panel found was exemplary. However, the team was scored poorly by Attorney-at-Law Sharon Wilson who felt that sufficient advice as to an appropriate course of action was not given. The team from Eugene Dupuch was said to have taken a while to warm up to the client in the words of Dr. Barrett, but was commended for being the most professional. Norman Manley's team was praised for having the most empathy for the client's situation, but fell short for being far too structured. The judges declared the team from the Eugene Dupuch Law School the winners of the competition, with second place to Norman Manley Law School's team, and third place to the Hugh Wooding Law School's team. The client gave a few brief remarks and commented on how comforta- ble he felt during the interview with the team from Hugh Wooding. Each participant and coach received ceremonial plaques and tokens of appreciation. The winning team was presented with the ceremonial shield. Special thanks to Mrs. Martha Des Vignes and Ms. Barbara Lodge-Johnson for believing in our abilities and prepping us for the competition. Excellence at Client Interviewing Competition
The team from Hugh Wooding the best interviewing skills exemplary - Dr. Timothy Barett
P A G E 7 V O L U M E 3 , I S S U E 3 T H E G A V E L BY JONATHAN BHAGAN
ITS MARCH 9 TH , 2012 around 9 am and Im running down the fire escape of the Ministry of Justice building, the Attorney General of Jamaica (AG) in front of me, my colleagues from the Hugh Wooding Law School 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 was making us evacuate the building. Nobody knew for sure. The AG got a call to evacu- ate right after the first oral presentation by Miss Fleming and here we are now. The American Caribbean Law Initiative Clinic held in Jamaica was an amazing experience. It has developed our advocacy skills, both written and oral, and taught us so much more. We had to collab- orate with law students from Florida, Jamai- ca, The Bahamas and the wider Caribbean to work on real issues given by the AGs office in Jamaica. Aside from some things being lost in translation, the commonalities between our legal systems made it possible to work together without much difficulty. We all came from states with written constitutions and influence from the British common law (except one participant from Colombia I believe), this allowed us a lot of common ground. It is to be said that the Hugh Wooding Law School delegation, consisting of J-Lany Williams, Aisha De Four, Ayannah Fleming and Jonathan Bhagan were all strong forces in their respective groups. We all made oral presentations before the AG and his colleagues and at the practice moot one of us was named the best presenter out of all 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 arranged and this allowed us to form closer bonds with our colleagues from the Law Schools of Eugene Dupuch in The Bahamas, Florida Coastal and FIU, and of course Norman Manley in Jamaica. Overall, the clinic can be called nothing less than a resounding success for the Hugh Wooding Law School. Special thanks to our tutor Mr. Akhail Khan and lecturer Mr. Emerson John-Charles who accompanied us on the trip and assisted us in the clinic. The American Caribbean Law Initiative Clinic (ACLI)
Represent! HWLS Delegation (L-R) J-Lany Williams, Aisha De Four, Ayannah Flemming, and Jonathan Bhagan 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 at Pace University School of Law, New York. The Hugh 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 held at 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 ICC team on its success thus far and wishes them excellence 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
P A G E 8 Vere; Mango Ti, which told the story of the evolution of the steel pan in Trinidad and Tobago and celebrated the 100 th
anniversary of the first recording of a folk song in the twin island state. The pro- gram featured drama, song and dance by students and guests, the most notable performance being that of the 1999 Road March Champion Marvin Lewis rendering some of his popular hits. This showcase was followed by culinary offerings of some of the most delicious local cuisine, including green fig salad, baked chicken, corn soup and doubles. Guests eagerly consumed these delicacies in anticipation of the Cooler fete which was promised to follow. It was the general consensus that this culminating segment lived up to its expectation as the scintillating melo- dies of soca and dancehall music met the talented gyrations of guests in attendance for a terrific time under the umbrella of the stars and moonlight. When the clock struck 2.30am and it was time to depart, guests left well-satisfied and looking for- ward to both some much-needed rest and Trinbago Night 2013. T H E G A V E L Displaying the Indo- Trini culture through dance! (right)
Carlon belting out a tune on the steel pan (right) TRINBAGO NIGHT BY RENE JOSEPH
AWASH IN A sea of red, white and black, the Hugh Wooding Law School welcomed the arrival of Trinbago Night on January 29 th , 2012 themed The True Meaning of Sun, Sea and Sand. The Night commenced with the custom- ary cultural presentation captioned, Mango Experience the Melody! (above) Afro Trini Roots P A G E 9 V 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 Night 2012 was hosted at the Hugh Wooding Law School. The date was March 10 th , 2012. The theme was My Guyana El Dorado. The first line of this national song reads, My Guyana El Dorado, best of all the world to me and the Guyanese students successfully presented an extravagant display of the best of every- thing Guyanese. The cultural presentation was held under the theme Guyanas Got Talent. The individual talent pieces introduced by our local Ryan Seacrest aimed at displaying the various aspects of our culture. The singing of folk songs; the ethnic dances displaying our six races; the energetic contemporary dances; the dramatic presentation of the Ole Higue (and we assure you, the Ole Higue suffered no personal injury that evening); and even the questions asked by the host were designed to inform the audience about some fact about Guyana. The comedic and sometimes harsh comments of our panelist of judges certainly added 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 our races, the students prepared Pepperpot, an Amerindian dish; Cook-up rice of African origin; Roti and Potato Curry of Indian origin; Chowmein, a Chinese dish; and meats and salads of European and Portuguese persua- sion. The Lecture Hall in which the dinner was 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 after party featuring the musical styling of the Hugh Wooding Law Schools own Selecta J. It was certainly an evening well spent! The Guyanese students of the Hugh Wooding Law School wish to sincerely thank all those who assisted us in hosting yet another successful Guyana Night and it was our pleasure to show you what makes Guy- ana, best of all the world to us! T H E G A V E L Guyanese men of HWLS represent! (right) Chasing the Ole Higue (soucouyant) (left) A lively Dance from the Georget own! (left) Displaying the 6 rac- es of Guy- ana through superb dance (right) Guyana in all her Glory P A G E 1 0 Spor t s Day! T H E G A V E L Usain Bolt has competition from the HWLS females! (above) HWLS Staff getting ready for the March Past. To the joy of the students, the staff did not retain their title to the March Past event this year! (below) March Past teams gather for the show down! Spor t s Day! P A G E 1 1 V O L U M E 3 , I S S U E 3 Going for Gold The men get heated in play for the basket- ball pre-sports day events (left) T H E G A V E L Let me at em! Henri gears up for a table tennis battle in the pre- sports day competitions (above) Orange team take their march past routine down low (left) Racing centi- pede style! (above) WINNING TEAM!! P A G E 1 2 What not to Wear BY TAMAR GRANT
THE SOMBER COLOUR scheme of this learned profes- sion can be stifling to the most sparkling of personalities. But the 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 of injecting life into a morbidly appropriate wardrobe without waking the dead, so to speak.
T H E G A V E L
In light of the traditions of this long established profession, the dress code at the HWLS sets out the general standard expected of all students. However it is by no means exhaustive and thus requires that we exercise a measure of discretion when determining what is appropri- ate. To paraphrase the Honourable Madam Justice Weekes, no one has forced you to choose the legal profession thus you must have a care and regard for the traditions and norms of the legal fraternity. In this photo Nikita demonstrates how to sen- sibly add personal style. She is wearing a nautical inspired jacket paired down with a black skirt and con- ventional court shoes. One tasteful statement piece may be added to a tradi- tional outfit to give that touch of individual style without being irreverent. Model: Nikita Vaughn (left) Nothing beats a nicely tailored suit which flatters the body. However ladies, fitted clothing is not the same thing 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 to your outfit. But bright colours such as the red shown to the left is definitely not sober. Dark maroons or pastel pinks, worn demurely on the inside of a jacket are more appropriate. Model: Laurissa Hosein (left) Sometimes the tra- ditional three piece suit may feel like a straight jacket. Jer- maine demonstrates an alternative which may 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 these should be dressed up with formal pants and shoes to maintain some level of sophis- tication as demon- strated by Keon. Model: Keon Gon- zales (above right) Henris ensemble highlights many of the infractions which can be committed by guys but have not been seen at the HWLS. Firstly, wearing a regular T-shirt instead of dress shirt. Secondly, a pair of jeans instead of wearing a dress pants, which would only pass for office wear on a construction site. Finally, gentlemen, suits and soft-shoes do not make appropriate office wear. If you do not like cockroach mashers may I suggest a nice pair of loafers. Model: Henri Mangal (right) Reynold models the traditional attire for males, a three piece suit. Note the use of a proper satchel and not haversack as seen below. Model: Reynold Price (above centre) P A G E 1 3 V O L U M E 3 , I S S U E 3
T H E G A V E L Barristers and Robes...ever wondered WHY? Article sourced from the Western Australian Bar Association Review 29 Issue 1, June 2005 Counsel P A G E 1 4 Veera Bhajan Extraordinaire BY NIKEH M. C. SMITHEN
(Veera Bhajan is a 2011 graduate of the Hugh Wooding Law School. To most she is known as the girl who was born without arms, but not many real- ise what a dynamic and resilient young lady she is. Read more.)
The Gavel: Now that you have completed your programme at the Hugh Wooding Law School for your Certificate of Legal Education what is next on the agenda for Veera Bhajan? Veera Bhajan: I wish to build a successful career in the legal field and T H E G A V E L gain as much exposure as I possibly can in the legal profes- sion.
TG: What inspired you to study law in the first place? VB: There isnt any particular reason why I chose to study law but as time passed I have realized that law is where my passion truly lies.
TG: You were the 2004 recipi- ent of the Hu mmi n g Bird Medal ( S l i v e r ) Award, the 2009 recipi- ent of the Express Indi- vidual of the Year Award, and in May 2011 you were hon- oured by the Congress of the People. How do you mark these achievements in your life? VB: Receiving these awards were defining moments in my life and I am truly grateful. Express individual of the Year Award is particularly special to me, the main reason being I was voted number one by the people of Trinidad and Tobago.
TG: What role do you see yourself playing in the future of Trinidad and Tobago, whether on a micro or macro scale? VB: I wish to use my story as an inspi- ration to others and as such I would hope that my story would have a posi- tive impact in the lives of others. I wish to become a motivational speaker and also have a foundation someday.
TG: I would imagine that there are certain persons who would have helped propel you to where you are today. Who would you like to acknowledge?
VB: My parents and sister have been the biggest influence in my life, and their enduring love and commitment have allowed me to achieve my best. My friends and teachers also had a great impact in my life as they have always given me the encouragement and support I needed throughout my school life and private life.
TG: Apart from these persons do you have any other role models? VB: My mother is my role model. She possesses enormous strength and compassion and is a wonderful exam- ple to all women, especially mothers. My mother is my greatest blessing, I believe she has done much more for me than I could have done for myself with two arms.
TG: What is one thing that people generally do not know about you? VB: I am very emotional and also quite impatient at times.
TG: Who is your favourite West Indies cricket player and why? VB: I admire Dwayne Bravo for his enthusiasm and spirit on the field. I admire his passion for the game.
TG: What words of inspiration and encouragement would you like to leave with us? VB: Despite the numerous challenges you are faced with, always stay focused and 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 countless blessings and always give your best at whatever you do. Have a clear sense of purpose and always remember with self-belief and confidence nothing is impossible.
Veera Bhajan, Attorney-at-Law (above) Whats Happening Thats Quality P A G E 1 5 V O L U M E 3 , I S S U E 3 PREPARING FOR ACTT RE-REGISTRATION
The Council of Legal Education (Hugh Wooding Law School) was registered by the Accreditation Council of Trinidad and Tobago (ACTT) on June 10 th , 2009 in accordance with Act No. 16 of 2004. Reg- istration is valid for three years after which an institution ceases to legally oper- ate. Re-registration is done on the basis of an institutions compliance with seven criteria: i) legal, policy and regulatory re- quirements; ii) governance and administra- tion; iii) quality management; iv) resource management; v) teaching-learning process; vi) review; and vii) continuous improve- ment. The Hugh Wooding Law School is again preparing for re-registration with the ACTT and shall have a site visit by evalua- tors from the ACTT in the coming months to enable the School to be re- registered by its legal deadline.
PRINCIPAL LAUNCHES PROJECT I.M.P.A.C.T.
The Principals Project I.M.P.A.C.T and Competition was launched on Friday, Feb- ruary 3 rd , 2012 and runs until April. The Project which is managed by the Office for Quality Assurance, Research and Effective- ness provides students with the oppor- tunity to respond to the improvement demands of the Law School by implement- ing small scale solutions. Further infor- mation could be obtained from the Stu- dent Ambassadors.
MEET THE QUALITY AMBASSADORS
The Office recently appointed a delegation from among the finalists of the 2011 Prin- cipals Public Speaking Competition as Student 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 Ambassadors Corps, and last years Project I.M.P.A.C.T. winner.
TUTORS LEARN HOW TO DESIGN BLENDED COURSES
The Law School has a number of incubator projects designed to improve teaching and learning across the organization. In Decem- ber last year, the Office hosted a Tutor workshop on blended learning design. Blend- ed learning enables courses to be designed using traditional face-to-face and non- traditional teaching methods, including use of computer-based and online learning. The facilitator for the workshop was Dr. John Gedeon, a locally-based American educa- tional technologist, who has many years international experience in education and training. In May, Tutors will be exposed to 2 workshops on skills for teaching adult students and methods for the assessment of student learning outcomes facilitated by Dr. Eduardo Ali and Dr. Charmaine Bissessar, an educational consultant.
QUALITY OFFICE GOES CROSS BORDER
The Office has been providing technical and advisory support for the establishment and maintenance of quality systems at the Eu- gene Dupuch and Norman Manley Law Schools. In order to offer this cross border support the Office is designing and shall soon 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 all three Law Schools. Additionally, the Office has launched the first ever Annual Inter-Law Schools Teaching Effectiveness (LSTE) Con- ference to be held in Nassau, Bahamas in March this year. Tutors across all three Law Schools 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 blind It 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- sane It 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 is what 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 from your 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 after the 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 pure It 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, RESEARCH AND EFFECTIVENESS
P A G E 1 6 T H E G A V E L IVCF BIBLE WEEK 2012 BY CANDACE SUBERO
THE HUGH WOODING Law School Chapter of 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 meeting that was held in the Lecture Theatre on Tuesday, February 7 th . The room was flooded with the excitement and anticipation of those who attend- ed as they eagerly sought to fellowship, grow and worship God with their fellow colleagues. This meeting was one with a difference since biblical knowledge was tested and imparted by the use of a Quiz and a game of charades. Persons who an- swered correctly were the beneficiaries of give- aways and prizes. On February 8 th , a Panel discussion enti- tled, Friends with benefits, was conducted in the Lecture Hall. Persons in attendance were privileged to have Reverend Austin of the Tunapuna Open Bible 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 and practices which should be applied in achieving and maintaining propriety in our working relationships with others. One of the concepts which the Panelists stressed was that we are sexual beings and since God 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 that desire. The session was very informative and culmi- nated in a question and answer segment followed by hearty refreshments. On the final day of this amazing week, Thursday, February 9 th , the IVCF hosted an after- noon Praise Concert in the Lecture Theatre. This event was well patronized. It commenced with a lively worship segment and was followed by a scintil- lating instrumental piece by musician extraordinaire Reynold Price on the clarinet. Sandia Harold Ramnarine who followed was equally entertaining. She performed a highly energised, but yet graceful, worship dance and did not struggle to captivate the audience with her every impassioned movement. This Praise Concert signified an enthralling end to a week of activities for the IVCFs Bible Week which was well received and appreciated by persons who attended. Although the celebration was short, it certainly served to enrich and bless the lives of the students who were present. Bible Week has served as a reminder that even in the middle of hectic schedules and work that may seem never-ending if we just take time to focus on God, His peace will sustain us. It has helped to remind us that Bible Week is not just a time set aside to revel in things not usually enjoyed year round but it is an opportunity to foster and harness a closer 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 and Heavenly experience.
- Candace Su- bero CONGRATULATIONS TRANSITIONAL STUDENTS! HWLS Hindu Society Tour P A G E 1 7 V O L U M E 3 , I S S U E 3 BY TAMAR GRANT
ON SUNDAY, FEBRUARY 19 th , 2011, while some of my colleagues slept in after a night of carnival activities, a small group of us gathered at the Hugh Wooding Law School to embark on a tour of landmarks in Carapichaima in west-central Trinidad. The experience was my first real opportunity for sight-seeing and was made memorable by the colourful and impressive structures visit- ed, the impromptu side tours, wonderful company, and in light of the season, appro- priate sound tracks. Our first stop was one of those impromptu side tours. We visited Divali Nagar, located in Chaguanas, which is a ma- jor site during Divali celebrations held in October. Although the lights and other dec- orations had long since been removed, we were taken by the striking view of a cobalt coloured edifice of Lord Shiva, sitting in a carefully maintained lush garden, against the clear azure sky. The variations of blue hues and green pigments were a welcome respite from 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 reverse order. It would be a fortuitous decision for we arrived at the Siewdass Sadhu Shiv Man- dir or Temple in the Sea just as prayers had finished and the temple was being closed. Ill advised, we lingered on the shore marvelling at the illusion of a white temple floating on the water before crossing the 300 feet footpath leading to the temple. Fortunately, we were granted a few mo- ments to enter the temple bare-footed and examine the brightly coloured marble stat- ues that filled the octagonal structure. We wove 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 who single handedly built the structure. Backtracking along Orange Field Road and turning onto Waterloo Road we made our way to the Maha Sabha Indian Caribbean Museum. It is the only museum of its kind, dedicated to the preserva- tion of the material history of East Indian and South Asian descendants in the Caribbean. On the museums grounds was an example of a hut lived in by indentured servants and we could not resist the opportunity to goof around and take pho- tos. We also examined the various artefacts. Of particu- lar interest were the displays of musical instruments, art work, jewellery and traditional garbs including a pair of wooden shoes which generated much interest. We also browsed a collection of books and arti- cles held by the library. As a former history student, I found the visit to the museum particularly intriguing and lamented the fact that this type of material was not readily available when I studied history at secondary and tertiary level. After signing the visitors log and saying our goodbyes, we made our way to the last location. The Hanuman Murti located at The Dattatreya Yoga Centre in Orange Field Road makes for an impressive sight. Tower- ing over 85 feet tall, it is intricately carved and brightly decorated revealing an incredi- ble amount of creativity and ingenuity. The group was so enthralled, that the prospect of walking across sun-baked tiles barefooted to get a full 360 degree view did not deter them. The temple complex also boasts two elephant statues which were alluring in their own right and considerably easier to photo- graph. Unfortunately we were unable to enter the temple but we did wander around the compound appreciating its structure and design. One particularly nifty sight is set into the dome roof of the entrance. There you would see several brightly coloured, playful statues, tightly packed into a crevice staring down at you. As we proceeded to leave the Carapichaima area, Shiva took us on one last detour to Brick Field. This is an area known for bird watching where tours are conduct- ed by boat. We did not venture out but some of us took the opportunity to sit along the river bank and watch it slowly meander its way. The serene and tranquil atmosphere gave 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 Singh and Shiva Boodoo who organised the event and served as our effective tour guides. I would echo the sentiments of other group members in requesting another tour, possi- bly to the bird sanctuary, in the not too distant future. T H E G A V E L
HWLS students gather at the Lord Shiva Murti, Divali Nagar (above) Temple in the Sea
P A G E 1 8 T H E G A V E L SOCA UNDER LOCKDOWN BY RICHIE MAITLAND
ON FEBRUARY 2 ND , 2012, I had the pleasure of accompanying Mrs. Dianne Marshall-Holdip as her guest at the 12 th 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 of fear and repulsion, a sort of deep primal aversion that I always get in institutions like prisons and mental institutions. It didnt help in the least that I had been to this very institution before on the Prison trip orga- nized by the Hugh Wooding Law School last year. The distaste was compounded by the fact that my Kindle, no more than an electronic book, was confiscated for reasons I can only conclude are arbi- trary. I nonetheless resolved to enjoy the experience as wholesomely as I could, without my appreciation of the event being tainted by the vestiges of ill feelings I had acquired on entering the prison. I was assisted in this regard by the fact that we were escorted to the area where the competition was being hosted and immediately was overwhelmed by the collective hue of excite- ment and anticipation emanating like a vapour from the mass of prison- ers. These hardened men, with hardened per- sonalities, in blue short pants suits under white tents, sweltering in the sun, grinning, talking, picking their faces and staring at us; their pin- point, untrusting eyes making me feel like a spectacle. Their zealousness in camaraderie and the way their smiles burst easily from their hardened masks spoke of their eagerness to exhale. I was transported back to the days of being a primary school boy when we were awaiting the arrival of some entertainment personage. The atmos- phere had that same texture. The disparity in the inmates racial repre- sentation viewing the competition was apparent. I approximated that an overwhelming 85% of the in- mates were of African descent, 10% of East Indian descent and the other 5% were a mixture of Spanish and White descent; this in a context where persons of African descent constitute approximately 45% of the population of Trinidad and Tobago. I thought then that some serious social work needed to be done to address the fact that persons of African descent dis- proportionately commit crimes; to address what I understand to be the cultural factors which manifest ultimately in the prisons demography. Later that day, Madame Holdip told me of the Calypso Who in de Zoo by calypsonian Contender. When asked by the media about the fact that during the state of emer- gency, predominantly black persons were being rounded up and carted to prison, Commissioner of Police Dwayne Gibbs commented that he didnt know who was in the zoo. Contender tells the Com- missioner in his calypso, that its only African lions in the zoo, I might see a Bengal tiger or two, I never see a polar bear mind you, only African lions in the zoo. The calypso struck a chord with my earlier realization for obvious reasons. The competition began and despite the gratingly bad quality of the sound system and the obvious lack of a musical ear or voice training for the vast majority of the inmates, I was simply awed by the creativity of the performers. The constraints allow me to talk only of some of the more memora- ble performances and songs. The first performance Not in the Mood was one of these. Performed by the duet Typical Trini the song is a creative piece about the fact that while it was the carnival season, and the other prison inmates were overcome with a carnival sentiment, they were not in the mood owing to the deprivations of prison life. They sang about the fetes they were missing, the infi- delity anxieties they had to endure as part of prison life and that they drank only mauby, with a bitter taste, cyan get beer, is water by the case. The enthusiastic crowd response showed that the sentiments were appreciated 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. He opens 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 a chorus saying Calder Hart say he sorry, but he living it up in Miami. Well what John Public wants to know, is what he sorry for? Duprey say he sorry, Clico look unhappy. Well what John Public wants to know, is what 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 P A G E 1 9 V O L U M E 3 , I S S U E 3 T 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 calypsonian Baron; that saccharine tone that cuts you like a nylon string on a bamboo kite. The two most memorable performances though were by John Kallicharan and Dion Briggs; Kallicharan, sobriquet Phone Card, performed Open Remorse, a plea in mitigation addressed to the parole committee. His voice had a grating texture, as if there was gravel 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 that persons, including the judge sitting in front of me, were moved to serious tears. The performance left no doubt that he is indeed re- morseful for his crime. Equally as memorable, though in a very different mood was the performance of Dion Briggs, sobriquet Bumper who performed Carnival Madness, a song about his wining prowess and his ability to attract foreign and other women with it. His song was indeed com- plemented by a demonstration of his ability to the great amusement of the majority of onlookers including myself, and the slight chagrin of BY MELISSA PAPOONSINGH
AYE MAN, WHEN I dress, It must to be impress! Doesnt matter if its red, pink, green or blue Fashion was made for me and you
Buh what happens when you enter de court You should ask is my skirt too short Dis tie, is it too bold and bright Is my shirt dazzling in d light
My fellow colleagues I must say Dat there are unwritten rules we must obey For as an Attorney who is quite junior Black or very dark clothing should be your colour However outside d court, these rules should not extend to thee As red and pink may match your personality Orange and yellow, may just make you happy And as such colours does not reflect if yuh is a good Attorney.
Sometimes you may want to wear d national colour Red in Trinidad, or green in Jamaica To support yuh cricket team, on 20 20 day For outside the profession, colour should 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 to place more emphasis on rehabilitating convicts for reintegration. It is easy to see why he won with his combination of lyrics and stage pres- ence. Also worthy of mention, was Master of Ceremony Limping Larry, so called because of his limp. An ex-inmate of ten years, now employed at Petrotrin, he had the crowd literally rolling in laughter with his impromptu wit and anecdotes. I for one got an abdominal workout. All in all, this day was one of the best Ive had in my exist- ence. Between the actual performances and the conversations with Madame Holdip as to the cultural/historical importance of Carnival and Calypso music, and whether it was easier to overcome classism and the social glass ceilings in Grenada than Trinidad and Tobago, my spirit 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 truly was one of my best ever. 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 perspective among Judges in respect of ADR? Pemberton J: I think that most Judges in the jurisdictions that I have served to date and with whom I interact are united in their appreciation of ADR as opposed to settlement by trial. I must say that most Judges are well trained and equipped to deal with these issues. Pre-Action protocols are within the province of the Attor- ney-at-law. They only come into focus before the judge when dealing with the issue of costs.
TG: Can a Judge choose to disregard the issue of settlement and proceed directly to litigation in furthering the overriding objective of the CPR, not just to deal with cases efficiently and speedily but also justly? Pemberton J: Once a matter reaches the court, the Judge makes a judgment call as to the 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 a Judge 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 the provisions of the Civil Procedure Rules 2008 of Trinidad and Tobago (as amended) (CPR) should be gen- der specific? Pemberton J: The CPR comprises a body of subsidiary legislation. The primary legislation is the SUPREME COURT OF JUDICATURE ACT of the various territories. The lead must come from that legislation. I do not think that gender specific issues can be addressed in statutes of general application of that nature.
TG: Do you think a strict or liberal approach should be adopted with regard to the CPR? Pemberton J: One of the planks of the underlying 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 mean the liberal approach to the interpretation of the Rules. As you are aware, the words used in any statute, rule, order or for that matter, any piece of writing must first be given their ordinary 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 modify time limits on a case by case basis if good reasons are given for the requested departure.
TG: How has your exposure to ADR, especially mediation, altered your approach as a High Court Judge in adjudicating matters? Pemberton J: My training in Mediation allows me to examine matters from a number of perspectives, not only my own. It helps me in my role as a Case Manager and Early Neutral Evaluator. It allows me to encourage parties to power imbalance and the trial is the most ap- propriate form of dispute settlement, then so be it. Trial it is. Remember not every matter can benefit from forms of settlement that do not involve a trial. TG: Would you agree that a fully computerized civil litigation system would only assist in furthering the objectives of the CPR? Pemberton J: The use of technology is pro- vided for in the CPR. In Trinidad and Tobago and in the Eastern Caribbean where I served, the use of technology was appreciated and encouraged by the court system. All of the courtrooms in Trinidad and Tobago and the newer courtrooms in the EC are outfitted with computer friendly seating. I cannot see a Judge objecting to the use of a computer in the court- room either in Trinidad and Tobago or in the Eastern Caribbean or for that matter anywhere in the Caribbean. The Chief Justices, at least since 1998, have all recognized the value of technological advances and I do not see a return to the pre-techno days.
THE GAVEL THE 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 3 M A R C H 2 0 1 2 The Face of Civil Reform
The Hon. Mad- am Justice Pemberton, Judge of High Court of Justice (left)