that Cannabis Trafficking is detri-
mental to society. Juxtapose to this
is the view that Cannabis should not
be a scapegoat for society‟s ills or the
detriment of society. Rather, it is the
criminalisation of Cannabis that caus-
es the undesirable consequences
associated with its trade.
The Cannabis use policy should be
addressed in order to reflect the
majority opinion of our society. We
stand as social architects within this
noble profession to improve the lives
of our people through careful and
studious examination of how best we
can peacefully coexist.
The conversation on the use of the
Cannabis is a good one and it is en-
couraging to see our leaders such as:
The Prime Minister of St. Vincent and
the Grenadines, Dr. Ralph Gonsalves;
The Justice Minister of Jamaica, Mr.
Mark Golding; and The Chief Justice
of Trinidad and Tobago, Mr. Ivor
Archie, engaging the issue.
With these encouragements, these
are interesting times. What was once
a dull ember may soon become a
bright flame.
I N T H I S I S S U E
Marijuana : Gaining
Momentum?
1
The Chairman’s
Speech
3
Caribbean Confusion
6
Malala–
An Inspiration
7
The Budding
Attorney at law
8
The HWLS
Committee : the
lighter side of life
12
The Hot A
Assignment
13
Due Process
18
Calling to the Bar/
No Reflection
19
Address to the
Petitioners
20
J A N U A R Y / F E B R U A R Y 2 0 1 5 V O L U M E 7 , I S S U E 5
THE GAVELTHE GAVEL A P U B L I C A T I O N O F
T H E H U G H W O O D I N G L A W S C H O O L
Marijuana: Gaining Momentum? Written by : Christopher
Foderingham - Garraway
The criminalisation of cannabis sativa in
the Caribbean has been an interesting
phenomenon for the past fifty years.
This was not a warmly received devel-
opment in the region. Prior to 1962, the
use of the plant was common as a recre-
ational substance and more importantly,
as a medicine to treat a host of common
ailments.
Furthermore, one of the Caribbean‟s
only indigenous religions and traditions,
Rastafarianism, views the plant as a
sacrament. Cannabis has been a part of
the region‟s flora for over 200 years. It
was brought from India by the inden-
tured labour force that immigrated here
during the colonial period. As such, it is
safe to say that Cannabis is part and
parcel of the local landscape. Popular
Mechanics hailed the myriad uses of the
male version of the plant, Hemp as “the
New Billion Dollar Crop” in 1938; and
medical evidence suggests that its female
counterpart, marijuana is useful as a
remedy for many modern day ailments
as well.
Though it is popular throughout the
region to promote Marijuana and call for
its legalization, the debate rages on as to
whether this plant is safe for public
consumption. Recently, external players
such as, Holland, the United Kingdom,
Portugal, and the United States, have
taken bold steps to address this issue by
decriminalizing the use of cannabis.
Other countries, such as Uruguay, have
legalised its use entirely. These thought
ambassadors have made converts out of
staunch prohibitionists by using empiri-
cal proof that changes regulating Mariju-
ana usage do not correlate to changes in
consumption patterns within the general
public. The pitch that has caught on in
America, has been to compare the effect
of alcohol usage with that of Marijuana.
The argument is that consuming Canna-
bis is a safer alternative to consuming
alcohol. This argument was pivotal in
convincing voters within Washington
(State) in 2012 to leagalise its use within
the state.
At home, we know all too well the ad-
verse consequences of excessive alcohol
consumption on society - numerous
road fatalities, violent crimes and domes-
tic violence are some of the common
outcomes of this societal characteristic
that plagues our communities. However,
almost everyone would think it is absurd
to attempt to limit the availability of
alcohol or introduce stricter regulations
for its sale.
Yet we still demonize the use of Canna-
bis domestically. Recently, a 62 year old
man was sentenced to 17 years impris-
onment for possession of approximately
TT$500,000.00 of Cannabis for the pur-
pose of trafficking, contrary to the Dan-
gerous Drugs Act Chap. 11:25 of the
Laws of the Republic of Trinidad and
Tobago. Justice Devan Rampersad justi-
fied his sentence on the ground that the
judiciary must send a clear and unambig-
uous message to persons of like mind,
GRADUATION 2014: ETHICS! ETHICS! ETHICS!
The Chairman of the Coun-
cil of Legal Education en-
couraged us to pursue a
purpose driven journey, not
to climb mountains for the
sake of just climbing it but
also to have some deeper
purpose throughout the
journey.
She further urged us not to
lose sight of our ethical
foundation (which thanks to
our diligent Ethics tutors
should be quite sound!) Jus-
tice Nelson also echoed sim-
ilar words in his feature ad-
dress. In fact he under-
scored, stressed and short of
pleaded with us to ensure
that we do not compromise
our integrity in a profession
where Attorneys may engage
in unsavoury practices thus
destroying public opinion
and confidence in us.
T H E G A V E L
Credits THE GAVEL is the official newsletter of the Hugh
Wooding Law School situat-ed at Gordan Street, St. Augustine, Trinidad and
Tobago. It is published three times a year by a joint com-mittee of staff and students.
Contributions and comments are welcomed from staff, students or any other interested parties.
Send a l l e-mai ls to [email protected].
Editorial Committee: (Staff)
Nisha Mathura-Allahar
Rudranath Maharaj
Barbabra Lodge– John-son
(Students)
Aroona Ramsahai
Omadatt Chandan
Shazard Mohammed
Sandhya Ramkhalawan
Siand Dhurjon Editor: Aroona Ramsahai
Design and Layout: Sandhya Ramkhalawan
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 Shevkumar Singh and Mrs. Francisca Campbell.
Disclaimer: Please be
advised that the views
expressed in the articles
contained herein are those
of the individual authors and
not that of the Editorial
C o m m i t t e e / H u g h
Wooding Law School and/or
the Council of Legal
Education.
P A G E 2
For those of us who
may have forgotten what we crammed for
our Ethics exam in May,
Justice Nelson definitely
got rid of those cob-
webs as he highlighted
key ethical principles
along with a few cases (fear not Year 2‟s by
May you would be fa-
miliar with cases like
Allen v Bone or Re
A Solicitor) and even touched on general
etiquette in this con-
servative and traditional
profession.
After the addresses, it
suddenly hit home- we
no longer would have
two weeks to complete assignments, at times
we would have to work
with other attorneys-at
-law on matters and we
can‟t wing our way
through court appear-
ances and hearings as
we did for seminars.
We were about to
enter the real world
where no excuses were
accepted and what mat-tered was getting the
job done at the end of
the day (with our integ-
rity and reputation in tact) not how many
sleepless nights it took.
This is the reality which
the HWLS aimed to prepare us for. I trust
that my learned friends
will make a positive
contribution to society and make the class of
2014 proud!
Written By:
Khadija Mac Farlane.
After so many weeks it still
has not sunk in yet- I‟m an
Attorney-at-Law. The jour-
ney has just began and our
warning that it would not be
an easy one at our Gradua-
tion Ceremony in October
was not comforting.
Graduation was one step
closer to becoming an attor-
ney-at-law. Quite frankly,
many of my colleagues
wanted to just get their Le-
gal Education Certificates
and quickly return to their
respective jurisdictions
(after eating some doubles
of course) where they
would continue the proce-
dure to be admitted to
practise as an Attorney-at-
Law (what a long procedure
that was!)
Upon entering UWI SPEC
where the ceremony was
held, a wave of pride
washed over me. What a
relief to finally be finished
with five torturous years of
studying! No more assign-
ments, no more group
work, no more ducking at-
tending class.
The relief soon ended when
we were given a reality
check by a few prominent
legal minds including the
Chairman of the Council of
Legal Education, Mrs.
Jacqueline Samuels-Brown
Q.C. and our feature speak-
er the Honourable Mr. Jus-
tice Rolston Nelson, Carib-
bean Court of Justice Judge.
Khadija Mac Farlane
receiving her certificate at
HWLS Graduation.
P A G E 3
T H E G A V E L
as Hor; there the young adventurer
meets an old man driving a slow ox-
cart at the foot of the mountain and
converses with him trying to get di-
rections the quickest way to the pin-
nacle.
The old man is able to give him direc-
tions and describe the wonders and
paths leading to it in detail but admits
that he has never attempted to climb
to the pinnacle.
The young traveler is puzzled and
cannot understand how it is that the
old man could know so much yet
never climbed to the top and seems to
have no interest in doing so, he there-
fore enquires and the old man replies,
“It wouldn’t seem real to climb for
climbing it; I shouldn’t climb it if I
didn’t want to - Not for the sake of
climbing.”
What this poem explores is the im-
portance of patience in the context of
the adventurousness of youth, the
need to resist the temptation to seek
shortcuts and ignore the slow and
sometimes arduous process of growth
through detailed attention and hard
work. It contrasts knowledge with
wisdom, surface with depth. The
value of the journey and not just the
destination.
I invite you all to adopt the approach
recommended by the old man whose
life was enriched by his careful study
of and interaction with his environ-
ment and who did not seek to reach
the top just for the sake of it. That is
not to say that we do not encourage
excellence and that excellence should
not be recognized and lauded but it
must be purpose built. Thereby you
make sure you do not loose sight of
the ethical foundation and the found-
ing principles as you climb higher and
higher.”
Finally, she left the graduates with
Ten Commandments to remember
throughout their legal careers.
You shall never act dishonestly or
dishonorably or take any part in any
transaction which in your opinion is
dishonest or dishonorable.
You shall regard your client’s inter-
ests as paramount.
You shall, subject only to legal re-
quirements, never disclose your cli-
ent’s confidences.
You shall render your assistance
with scrupulous care and diligence ─
as well when assigned to represent
and indigent person as in any other
case.
You shall be punctilious in your
handling of client’s moneys
You shall always honour your word.
You shall fearlessly defend your
client’s interests, without regard to
any unpleasant consequences to
yourself or to any other person.
You shall always treat the Court and
your colleagues with candor, courte-
sy and fairness.
You shall always maintain the hon-
our and reputation of the profession.
You shall always observe the code of
conduct laid down by your profes-
sion in the spirit as well as in the
letter.
Written by: Aroona Ramsahai,
Year 2
The chairman addressed a number of
pertinent issues in her address to the
2014 graduates at the Norman Manley
Law School in Jamaica. While the
speech cannot be reproduced here in
its entirety due to space constraints,
the present writer has sought to repro-
duce some of the learned Chairman‟s
words of wisdom. Initially, she dealt
with the ever present theme of satura-
tion in the profession,
“At our first graduation in 1975 we
had 34 graduates. This year we have
248. I understand that in Trinidad
and Tobago there are now an estimat-
ed 3,600 lawyers enrolled as practi-
tioners.
At first the numbers graduating in-
creased gradually and then over the
last 5 or so years jumped exponential-
ly. When my class of 40 graduated,
there was expressed concern that too
many lawyers were being produced.
The extreme apprehension that has
accompanied the recent jump in num-
bers is therefore not surprising. What
it means is that on you our graduates
and you who have nurtured them,
carrying them on your shoulders to
this milestone rest a significantly
greater responsibility of vigilance; to
ensure that each lives up to the high-
est ideals of the profession which I
can assure you all, has been relent-
lessly drilled into them over these 2
years. After all it is much easier to
monitor, to guide and to mentor 34
than to do so for 248. He expounded
on the need for ethical conduct from
young attorneys.
“Permit me to share with you extracts
from the epic poem of Robert Frost
the great English poet entitled “The
mountain”. In it she tells the tale of a
young traveler who arrives at a small
town with the intention of climbing to
the top of a famous mountain known
The Chairman’s Speech
P A G E 4
T H E G A V E L
Written by : Darryl Heeralal
I speak because I come from your
numbers; I am an external student
and like all students, especially those
who wrote an entrance exam to be
here I am beholden for the oppor-
tunity.
Gratitude intact, I am however,
bothered and uneasy over what
seems to be a pervading attitude at
the Hugh Wooding Law School.
That‟s right “Law School”! not a
river lime, not a party on the ave-
nue, not an impromptu hang out by
your good friend.
Yes people there is a dress code!
And if you did not get the message
upon registration then I am sure
either Administration or the SRC is
there to help you. So to all my fe-
male colleagues whose fashion
sense dictate short skirts, tight strap
dresses, leggings, dashing fuchsia
pink blouses, six inch pumps, open
toe shoes – well that‟s not the dress
code so please follow the rules. My
male colleagues aren‟t exempted
either!
So the jeans, sneakers, smartly col-
oured shirts, jerseys, sweaters –
well keep that for your casual night
out. There must be a reason why in
the past month the SRC has twice
to remind us that – again let me
repeat – the Hugh Wooding Law
School has a dress code! And I
know you know what the dress
code is because on Trial Ad day
everyone is smartly attired. We
are lawyers in training and should
dress as such. The profession has
standards!
The other worrisome trend is
what seems to be a belief by
some of my colleagues, that the
Law School is designed for our
convenience. So to my peers who
believe that they must be given
priority in choosing which classes
and groups they are to attend
because they have to work, who
complain that they are being
treated unfairly because of the
requirement of the Constitutional
Law/Law and Legal Systems
courses, then my advice is if you
don‟t like it ,feel free to leave and
let other students who will grasp
the opportunity take your place!
The Hugh Wooding Law School
is a full time institution and they
tell you that on entry. So if you
choose to work you should do
so at your own peril and not
inconvenience others. There
must be a reason why the Sen-
ior Tutor had to post a notice
that no requests for transfer of
seminar group and/or class will
be entertained.
And we should all be reminded
that the Hugh Wooding Law
School has an institutional ca-
pacity of maximum 250 stu-
dents. We are at more than
doubled that! So while it‟s okay
to get irritated at administra-
tion from time to time, remem-
ber like us, they are working
under strained conditions to
make our stay as easy as they
can so we can all graduate with
an LEC.
Follow the Rules !!
P A G E 7
SRC Welfare Breakfast Feeding Programme
V O L U M E 7 , I S S U E 5 T H E G A V E L
Written by: Telisha Williams
SRC Welfare Breakfast Feeding Pro-
gramme
People are motivated to achieve certain needs -
food, clothing, shelter, security, love, knowledge.
When one need is fulfilled a person seeks to
fulfil the next one.
One must satisfy lower level basic needs before
progressing to meet higher level growth needs.
Once these needs have been reasonably satis-
fied, one may be able to reach the highest level
called self-actualization. Basic needs motivate
people when they are unmet; the need to fulfil
such needs will become stronger the longer the
duration they are denied. For example, the long-
er a person goes without food the more hungry
they will become and the more driven they will
be to satisfy that need at all costs. (Abraham
Maslow, 1943).
Every person is capable and has the desire to
move up the hierarchy toward a level of self-
actualization. Unfortunately, progress is often
disrupted by failure to meet lower level needs.
Life experiences including limited or no finances
due to economic situations may cause an indi-
vidual to fluctuate between levels of the hierar-
chy. (Maslow, 1954)
The Welfare Office of the Student Representa-
tive Council aims to help students of the Hugh
Wooding Law School, as best as possible, to
meet their basic needs. The Welfare Officer is
responsible, among other things, for
(a) determining basic needs of students and communicating those needs
to the Student Representative Coun-
cil; and
(b) organizing fund raising drives where
necessary, that would provide financial
and other tangible forms of assistance
to students in need within the purview
and limits of the Constitution.
In an effort to fulfil this mandate, the Welfare
Committee organises and executes a Breakfast
Programme for Students who, due to financial
constraints, are unable to provide this basic need
for themselves.
The Breakfast Feeding Programme commenced
on Monday October 13, 2014 and has continued
weekly from Monday to Friday. The breakfast
menu varies weekly and includes Tuna, Chicken,
Cheese and Egg Sandwiches and Hotdogs; hot
beverage items such as Ovaltine, coffee and tea
bags along with milk and sugar are also available
for students to utilize. The Breakfast Programme
caters for thirty (30) students on a daily
basis and has received positive responses
over the past two (2) months. Breakfast is
prepared by various members of the Wel-
fare Committee, which consists of five (5)
active members, and is ready and available
to the students by 08:00hrs daily.
The Breakfast Programme is sponsored in
part by the Student Welfare Council and
through donations from kind-hearted Staff
and Students. We take this opportunity to
extend our gratitude to those staff members
and students whose contribution, whether
tangible or intangible, has made this pro-
gramme possible.
The contributions of these kind-hearted
individuals also made it possible for a food
basket to be prepared and distributed to
one (1) student, with severe financial con-
straints, during the month of October 2014.
Your contribution in the form of canned
goods such as tuna, salmon, corned beef, sausage and other dry goods are welcomed.
If you would like to contribute towards the
continuity of the Breakfast and Basket Dis-
tribution Programme, feel free to email us at
NGO DAY Written by : Lisa Theodore
The Human Rights Committee‟s First An-
nual „NGO Day‟ was held on November
12th, 2014. The aim of the day was to pro-
vide students with the opportunity to join
and learn about NGOs in Caribbean.
This coincides with our mandate as a com-
mittee to raise the awareness of human
rights and fundamental freedoms that re-
quire protection in our Caribbean Society.
Our guest lecture entitled „How to cre-
ate your own NGO and challenges
experienced by NGOs within the
Caribbean was done by Ms. Carol
Daniel Director of the Caribbean
NGO Foundation.
This lecture was well received by all those
in attendance. Students present, in recog-
nizing the role of the NGO sector within
the region, were all in agreement that their
assistance and contribution to NGOS are
imperative in order for the sector to thrive.
As an additional feature of the day, NGOS
of varying categories were invited to in-
crease the accessibility of information to
the students. Students had the opportunity
of joining and learning about the following
NGOS: Habitat for Humanity, United
Way, ALTA and ASA Wright. The Hu-
man Rights Committee hopes to con-
tinue this endeavour as we recognize
the need for future lawyers such as
ourselves to support these organisa-
tions that seek to protect the human
rights and fundamental freedoms of all
citizens.
We would like to extend our apprecia-
tion to all the hardworking members of
the Committee and all the students and
staff that were in attendance.
P A G E 6
Caribbean „Confusion‟
T H E G A V E L
Written by: Shazard Moham-
med and Rocky Hanoman
The Hugh Wooding Law
School is a melting pot for
many islanders inclusive of our
South American counterpart –
Guyana. Conversations arose
amongst contemporaries espe-
cially at the lunch table over
food and with it a measure of
confusion...Caribbean confu-
sion arose. .
This article (in a tabular form)
was inspired from that said
conflict and is not exclusive to
a Trini-Guyanese confusion; I
am sure that this also exists
with our Bajan and OECS
comrades.
So great so was the need to
seek clarification and under-
standing of the vagaries that
exist within our cosmopolitan
and culturally diverse campus,
Naresh Poonai made a desper-
ate cry for clarity from the
virtual I hope this article
sparks a healthy and enlight-
ening discussion amongst
students as we take ad-
vantage of this opportunity to
not only learn about the law
but about each other‟s
unique culture. Please check
out the HWLS Blog (http://
hwlslife.blogspot.com/) for an
expanded version and discus-
sions on this topic.
TRINI vs
GUYANESE
PICTURE TRINI vs
GUYANESE
PICTURE
Kurma vs. Mithai A delicious fried dough
snack which is coated in a
lovely sugar glaze, fla-
vored with ginger and
cinnamon.
Bodi vs. Bora: a versa-
tile legume that can be
curried, fried or even
stewed.
Rasgoola/Rasgulla vs.
Gulab Jamoon or Goolab
Jamoon
It is a fried milk ball in a
sugar syrup.
Chataigne vs. Katahar:
Best served curried
and the ripened seeds
are usually boiled.
Sweet Rice vs. Kheer:
Rice pudding, referred to
as “sweet rice”
in Trinidad. Rice is
cooked with spices and
milk to produce a creamy
rice pudding.
Pommecythere or
Golden apples vs.
Gooseberry: Usually
made into a chow,
curried or an amchar.
„Prayer Food‟ vs Seven
Curry: 7 Curry! Served
in a Lily Pad Leaf, usual-
ly for weddings or special
occasions. Trinis have the
same concept but we just
serve curry on a „soharie‟
leaf (not banana as most
think)
Curries include: potato,
pumpkin, dhal, catahar,
amchar, calaloo & egg-
plant, eaten with rice
Chennette vs. Ginnip:
Enjoyed ripened, just
be cautious with the
seed.
P A G E 7 V O L U M E 7 , I S S U E 5 T H E G A V E L
Written by: Nisha Matura-
Allahar.
My daughter and I were very fortu-nate to be present at a lecture in
August , by Malala Yousafsai. The event was organised by the Univer-
sity of Trinidad and Tobago.
Malala was born on July 12, 1997 in Pakistan to a liberal, teacher, father
and traditional housewife mother. She grew up in the Swat Valley, an
area which in the 1990‟s became heavily influenced by the Taliban
which operated out of neighbour-ing Afganistan.
The Taliban‟s beliefs with respect
to womens rights are widely
known; they do not believe that
women and girls should be educat-
ed or have any contribution out-
side of the home. Since the tender
age of 12 Malala while attending
school became an advocate for
access to education especially for
girls.
Despite many threats on her life
she refused to be silenced and fought for her right to an educa-
tion. When she was fifteen on Tuesday October 9, 2012 she was
shot in the head at point blank range while riding on a bus home
from school . The Taliban claimed responsibility .
Miraculously she survived after being flown to a hospital in the UK
and receiving treatment there. She and her family now live in exile in
Birmingham, England. She vows to return to Pakistan one day perhaps
as Prime Minister.
She continues her struggle to this day, most recently speaking out on
the kidnapping of over 200 Nigerian school girls by the terrorist group
Boko Haram. For those interested in more details about her life and mis-
sion, I highly recommend her book, titled “I am Malala”.So what can we
learn from a seventeen year old one might ask?
Well, that day in August, in front of
hundreds at the National Academy for Performing Arts, she spoke about
her mission from the heart; she hard-ly even glanced at her notes moving the audience to tears and laughter.
She expressed the view that Trinidad and Tobago was a role model for the
world providing universal free educa-
tion for all up to secondary level. Her
presentation skills could rival those
of any young advocate attorney-at-
law. It is amazing when you stop to
think about it, that this issue is still
relevant today in the 21st Century.
It makes me think about my
Grandmother who was born in
1910 now deceased, a child of Indi-
an indentured immigrants who
longed to attend school and to be
able to read and write. Only her
brothers were sent to school. The
girls were more valuable at home
to help around the house cooking
and cleaning and later to be mar-
ried off when they came of age so
they could become someone else‟s
responsibility.
She was married at the tender age
of 12 and went on to have 7 chil-
dren. She made sure that all of her
children both the boys and the girls
received an education. It was only
through education that the family
was able to progress.
Collectively we should not take
our access to education for grant-
ed. We should appreciate each day
we spend at Law School absorbing
any and everything about the law
and our future lives in the law.
Education is a privilege and there
are many who wish to be in our
position.
Malala won the Nobel Prize this
year, a very deserving award. Her
motto: “One child, one teacher,
one pen and one book can change
the world”, is truly inspiring and
rings true.
MALALA – AN INSPIRATION
Painting done by Anasuya Allahar.
P A G E 8 V O L U M E 7 , I S S U E 5 T H E G A V E L
J.R.A. Internship Programme: Esteemed Judge Robin Mohammed
The Budding attorney-at-law
Written by: Chanelle Aching,
As part of my legal professional training, I was
among the batch of ten (10) student attorneys
accepted by the Judiciary of the Republic of Trini-
dad and Tobago as a Judicial Research Assistant
(J.R.A. Trainee) and assigned to the esteemed Jus-
tice Robin Mohammed for my in-service experi-
ence.
Initially, my perception of the JRA Programme was
plagued by many stories that seemed to close my
mind to stepping foot in the Hall of Justice. Howev-
er, my experience surpasses those stories at great
length and I recommend that fellow budding attor-
neys consider such an opportunity.
As a temporary J.R.A. Trainee, I had the opportuni-
ty to experience Court room life, attorney/ client/
judge interactions and was able to add to a small
fraction of the culture within the Judiciary.
As a judicial assistant you undertake legal research
on particular points or on different areas of the law
arising out of the cases that you are assigned. Un-
der the guidance of Justice Robin N Mohammed, I
was able to learn the art of writing judgments for
various family matters.
I had the opportunity to attend many hearings
(civil, criminal, corporate and family) that Justice
Robin Mohammed was sitting in, listen to oral
arguments and dutifully make notes. Confidently, I
would say that I was quite lucky to be exposed to
the highest calibre of written and oral advocacy in
the country. For the most part, I was always eager
to know the outcome of a matter and millions of
questions would pop into my head at any one given
time for clarification. My exposure did not end
there. Outside the Jurisdiction of the Court-
room, I was introduced to and able to converse
with well-renowned attorneys and Senior Coun-
sel with some of whom I still maintain contact to
date. This first-rate legal training as a temporary
J.R.A. Trainee was an invaluable way for me to
gain insight into the root of the decision-making
process that is, the Courtroom.
I particularly enjoyed three memorable aspects of
my experience as J.R.A. Trainee: the first was my
exposure to the Fourth Distinguished Jurist Lec-
ture Panel Discussion on the Yin and Yang of
Commonwealth Caribbean Constitutional Social
Democracy: Change for Stability and Progress
which was moderated by The Honourable Mr.
Justice Peter Jamadhar, JA. One of the panellists,
Dr. Leighton Jackson‟s imparted words appealed
to me the most.
He said that education enabled us to realize pow-
er and we must try to balance such power when
it is obtained. He further stated that education is
the handmaid of excellence and one would hope
that, through the participation of all individuals in
society the wider Caribbean would be in a better
position. It stirred a range of thoughts in my mind
but mostly I was able to vividly see those words
reflected in my interactions with Justice Robin
Mohammed. In my view, Justice Robin Mohamed
was the personification of this very statement.
He was not only a judge of the law but he was
able to balance the power that he had as a judge
with his everyday dealings with his staff and he
was also able to take time out of his hectic sched-
ule to be a teacher. He did not only teach law but
life-long lessons which were embedded in his spiritu-
ality. I would remember him saying to me, “peace be
unto you” and he explained to me in the one on one
discussions that we had in the privacy of his
Chambers that, the essence of peace in any-
one‟s heart would carry a person forward in
life. I deeply appreciated Justice Robin Mo-
hammed for his statement because it moti-
vated me to have a sense of hope in the suc-
cess that I too desire to achieve for myself.
The second was the interesting dimension
added to my role as J.R.A. Trainee via the
opportunity to get involved and attend vari-
ous functions and events as part of the cul-
ture of the Judiciary of the Republic of Trini-
dad and Tobago. I attended the Judiciary‟s 6th
Annual Sports and Family day 2014 and par-
ticipated in some of the events of the day and
even won a prize for being the most co-
ordinated female in the Aerobics Burnout.
The third memorable experience occurred
when I attended the Judiciary‟s end of term
J.R.A. function where I had the opportunity
to meet, socialize and engage in high-level
discussions with different Court of Appeal
and High Court Judges on important issues of
law and the extent of my experience as a
temporary introduction to the J.R.A. team of
attorneys was thus far. My learning experi-
ence as a J.R.A. Trainee enabled me to have
the pleasure of meeting and interacting with
high members in society, making new friends
and learning the workings behind the justice
system all in an effort to achieve my goal of
becoming an attorney-at-law. I therefore
appeal to all budding attorneys to remember
that success is not given it is earned through
the education of one‟s open mind and experi-
ence.
P A G E 9 V O L U M E 7 , I S S U E 5 T H E G A V E L
Written by: Aroona
Ramsahai
Bio:
Anya Lorde is currently a Year One
student at the Hugh Wooding Law
School. She hails from St. Phillip,
Barbados, holds a Bachelor‟s Degree
in History and Political Science from
the University of the West Indies,
Cave Hill Campus and is a former
hairdresser. She was a member of
the “Cavite Chorale” group in Barba-
dos and sings in the calypso tent
there.
She also sings and produces songs
back home. Her most recent pro-
duction, done before she came to
the Hugh Wooding Law School in
September is the Universal Expres-
sions Arts Festival. Her blog can be
f o u n d a t h t t p : / /
www.ueartsfestival.com/
A.R.: Would you tell our read-
ers about your experience in the
HWLS Talent Night Competition
2014?
A.L.: I thoroughly enjoyed the
competition. It was a friendly event
in which the competitors were get-
ting to know one another and giving
support. I think we all had fun. At
least two of the competitors turned
out to be in my tutorial/seminar
group.
A.R.: What were your thoughts
upon deciding to enter the competi-
tion?
A.L.: Initially I did not want to
enter. I felt shy as this is the first time
I have visited Trinidad. I was also
nervous. However as much as I want-
ed to deny it, I love performing.
A.R.: How did you feel while
performing?
A.L.: Although I have performed
before, I am always nervous before a
performance. Once I got into the
performance though, I felt ok, like I
had fallen into an old groove. In the
end, I did not feel it was one of my
better performances.
A.R.: What did you think of the
performances given by the other
competitors?
A.L.: I found the show engaging,
particularly the last competitor, who
did a comedy act.
A.R.: What was your
reaction when you found
out that you won?
A.L.: I was truly sur-
prised as I was expecting
the comedy contestant
whom I mentioned earlier,
to win.
Anya Lorde performing at the competition.
Shazard Mohammed and Varlene Mewalal singing a duet.
Students enjoying the talent of the students from the
different Caribbean countries.
Q&A with Anya Lorde –
Winner of the HWLS Orientation Week Talent Night Competition.
P A G E 1 0 V O L U M E 7 , I S S U E 5 T H E G A V E L
Graduation 2014. We Made It !!
P A G E 1 1 V O L U M E 7 , I S S U E 5 T H E G A V E L
Christmas at HWLS
P A G E 1 2
T H E G A V E L
The HWLS Sports Committee: The lighter side of life
Written by : Shirvan Ramdhanie
The Sports Committee in Hugh Wooding Law
School reflects the lighter side of life in the law
school. The Committee aims to ensure that
school is not only a place of academics but also a
place where we can have fun and forge new
friendships through sports. We believe that
sports not only help us to relieve the pressure
of law school but also make us all-rounded indi-
viduals. Led by their fearless leader, the Student
Representative Council‟s Sports Chairperson,
Shirvan Mr. Tabletennis Ramdhanie the Sports
Committee has already started off the sporting
year with a bang with a games and table tennis
night. The students willingly dropped the books
and participated in board games, cards and table
tennis in the law school. October marked the
kick-off of the Hugh Wooding Law School
Champions League in October 2014.
The first round of matches saw the defending
champions Green, Yellow, White and Blue
teams recording some hard fought victories over
Pink, Purple, Orange and the “No Team” house
which goes by the colour of Red. The following
week saw the defending champions Green team
beating White and the Blue team earning a hard
fought victor over a Yellow team who were
playing without a full team.
The finals are scheduled for the first Friday in
January with both Blue and Green relishing the
opportunity to walk away with fifty points to-
wards their sports day total. The start of the
basketball tournament saw the display of the
gladiator spirit which resides with all aspiring
attorneys. Despite its late start the first game
lived up to the hype with the Pink team taking
on the Orange team. Both teams were evenly
matched and as such the encounter proved to
be very physical, emotional and exciting.
Members of the Hugh Wooding Law School’s Sports Committee
In the end the Pink team prevailed, winning
by only two points. The second match be-
tween the White team and Green team
though hotly contested was a stark contrast
to its predecessor as it was took on a calmer
mood. At the end of that game the White
team prevailed. The finals are scheduled for
Friday 5th December 2014 between the Pink
team and the White team. What an exciting
encounter is expected from these two spirit-
ed teams. The Red house again submitted no
team to this competition.
The Table Tennis Tournament is scheduled
for the second week in December with the
students eager to get started. The table ten-
nis board and its environs is a popular
hangout spot for many students and also the
office of the current Sports Chairperson. You
are not a student at the Hugh Wooding Law
School until you‟ve played table tennis at least
once. Shirvan Mr. Table Tennis Ramdhanie
has by the request of some students with-
drawn from the competition in order to
ensure that everyone has an equal chance of
winning.
Bets are already being placed and new rival-
ries being formed. This years competition is
expected o be one of the best in
the world. The ever popular limited
overs cricket competition will be held
at the start of the second term. It will
be a great way to “bowl off” in the lead
up to the Annual Sports Day as the
cricket competition to some the most
competitive inter class tournament in
the Law School‟s sporting calendar.
Lots of fun activities have already been
planned for the second term along with
the limited overs cricket competition,
some of these include another hike,
another karaoke night, another games
night, a staff vs. students cricket fete
match and a staff vs. students football
game just to name a few.
The first sports committee meeting
was held on Maracas Beach and was
more or less the most perfect commit-
tee meeting ever, so now all commit-
tee meeting are to be held on the
beach and all are welcome. Through
sports students are given the oppor-
tunity to meet now people, interact
and have fun. After all we should work
hard and play harder, we‟ve only two
years in the Law school so let‟s all try
to make them enjoyable.
P A G E 1 3
T H E G A V E L
“The “Hot A” Assignment”
Written by: Omadatt Chandan
Tic Tock! Tic Tock! Time is going and I
don‟t know what to put in this assign-
ment. Oh the miseries of law! So I have
finally decided to put pen to paper and
now this stumbling block.
Why did I wait until the last minute for
this assignment? Did I not learn anything
from LLB days? I thought I wanted a “Hot
A”, now the only thing it seems I can get
is a “Crucial C” (note I will not be getting
a “Disastrous D”)
Why could I not be like E or N or O,
those bright folks, and just do my work.
The work is so burdensome. I can‟t seem
to handle it. Maybe, I need to work hard-
er. Anyways, here I am wishing for that
“Hot A Assignment”. Being not so
perfect, here is my advice:
Discussing the Issues
Discussion with some of your colleagues
would help. It gives you a wider perspec-
tive of things. It allows you to correct
yourself. Beware of those who would
befriend you though, get your notes and
never help you.
Finishing Ahead of Time
A good draft should be in the making by
the first week of the assignment. Give
yourself time to think about the issues,
what needs to be done and what research
needs to be done. In that way, you are
way ahead, you are comfortable and you
will finish in time.
. What a disaster it was last year when
I did exactly that – poor me had just
one hour to complete a Civil Assign-
ment. Remember, with electronic
devices you never know when they
will go bad. Secure your assignments.
Plagiarism
So I was wondering V has finished his
assignment, maybe I will take it, make a
few tweaks and yes, I have an assign-
ment. Do your own work, be innova-
tive, have some pride in yourself. It will
feel so great knowing you did your
work and even if you don‟t get that
“Hot A” at least you tried your best.
Part of law school is being you. Be
yourself, do your own assignment!
Cutting and Pasting
I have found this really cool prece-
dent from an old student and yes
being lazy me. I will just cut and
paste and make it my own. Well I
am sure lecturers remember those
old assignments and they never give
you the same assignment . While it
may look the same it may have some
tweaks that are barely noticeable .
Read carefully and ensure that you
are not caught! No cutting and
pasting!
Printing Blues
It is advisable to print your assign-
ment a good two (2) hours ahead of
time for submission. This is just in
case something happens to the print-
ers. In that way you can always find
another alternative. If you print at
the last moment and something
happens, you will be in a conun-
drum.
Lending a Hand
If you decide to help a friend (which
is excellent) please send it to some-
one you trust. Some persons will
only take your assignment and make
it their own. Remember you have
done the hard work; you have gone
the extra mile. Value your work!
Enforce your own copyright and be
cautious!
Email your Assignment to
Yourself
You should email your assignment to
yourself in case you lose it. You can
always get it back in that way.
Finally, while you would love to have
that “Hot A”, don‟t do it at the
expense of others. Many have done
it and so will you. As law students
you are not crabs in a barrel. While
you are destined for great things, do
so LAWFULLY and not LAWLESSLY
– Remember let‟s keep the stand-
ards of this noble profession high. It
begins now – a HOT A for profes-
sionalism and maybe one for the
assignment.
P A G E 1 4 Divali Programme 2014
“Peace, Love and Light” Written by: Veneeta Ramsingh\
President, Hindu Students‟ Society.
The colours, smells and sounds of Divali
added excitement to the atmosphere at
the Law School. The lecture theatre was
transformed into an Indian palace and our
guests and students were seated and
waiting for the show to begin. The Hindu
Students‟ Society Divali Programme held
on Friday 17th October, 2014 was defi-
nitely an event to remember!
The programme was chaired by Shivana
Lalla of 8A who did an exceptional job.
Our very own Mr. Prem Samodee deliv-
ered the Opening Prayer to begin the
programme. The Welcome Address was
warmly delivered by our Principal Ms.
Samaru. Ms. Samaru together with the
HSS Vice President, Keshan Ramlochan of
3B lit the first deeya to commemorate
this auspicious occasion. Katrina Choon
and Reshma Seetahal, both of year one,
each performed Indian dances which
depicted prayer. Their technique and skill
dazzled the audience.
A surprise item was a bhajan done by our
very own lecturer, Mrs. Nalini
Persad-Salick. Her melodious
voice captivated the audience.
Andrew Ramsubeik of 8B en-
gaged the audience in some
Divali Trivia and members of the
audience who answered correct-
ly were given prizes sponsored
by Xtra Foods Supermarket. This
aspect of the programme was
thoroughly enjoyed and our
friends from the various islands learned
new things about this festival and Indian
culture. Our guest speaker Sister Jasmine,
Head of the Chaguanas Branch of the
Brahma Kumaris Raja Yoga Centre, deliv-
ered the feature address. She spoke about
the significance of Divali and the traditions
associated with it. She encouraged us to
make it a habit to cleanse our minds and
hearts from negativity and fill ourselves
with feelings of peace and love. She high-
lighted how to important it was as student
attorneys to keep our minds and hearts
focused. Sister Jasmine then guided us
into a session of meditation and positive
thinking. Needless to say when this
session was over, a feeling of peace was
felt throughout.The Parade of Indian
Wear came next and students from
both year one and two modeled gor-
geous saris, shalwars, gharas and kurtas.
Sheena Hassanali and Priya Ramsamooj
both of year two did a great job in or-
ganizing this segment. The audience
thoroughly enjoyed it. The Vote of
Thanks was delivered by the President
of the HSS, Veneeta Ramsingh of 8B.
The Treasurer of HSS, Shivash Maharaj
of 3B and Executive member of HSS,
Ganesh Saroop of 8B, were efficient
stage managers and ensured that the
programmed flowed smoothly.
The lighting of deeyas segment followed
and was accompanied by tassa from the
NGC Sweet Tassa Band. This was an all-
female tassa group lead by our own
Kimberly Ramlochan of year one. The
melodious sounds of the drums height-
ened the spirit of happiness and positivi-
ty felt by all that even-
ing. Guests and stu-
dents enjoyed Indian
delicacies and sweets.
It was the perfect end
to a most joyous
occasion.
The HSS extend their
sincerest gratitude to
all those who have
contributed to making
this event the success that it was.
T H E G A V E L
A dancer performing a classical Indian dance.
An all female tassa group displaying their
skills on the drums.
P A G E 1 5 V O L U M E 7 , I S S U E 5 T H E G A V E L
Written by:
HWLS Chapter of the Inter Varsity Chris-
tian Fellowship.
Inter Varsity Christian Fellowship is a campus
mission which serves students and faculty on
college and university campuses nationwide.
Our vision is to see students and faculty trans-
formed; campuses renewed, and world changers
developed. The Hugh Wooding Law School‟s
Chapter is a subsidiary of this diverse organisa-
tion. The Hugh Wooding Law School‟s chapter of
the Inter Varsity Christian Fellowship (IVCF)
commenced operations for this 2014/2015 aca-
demic year on Friday October 10, 2014 with a
Candle Light Ceremony; in keeping with our
theme, “Light It Up!”
Approximately thirty (30) students were in attendance
at the Candle Lighting Ceremony and were encour-
aged to “Let their light shine before others, so that
they can come to a saving knowledge of Jesus Christ.
The IVCF, HWLS Chapter is open to all members of
the Christian community who work at or attend the
Hugh Wooding Law School. The IVCF, HWLS Chapter
meets every Thursday from 12:15-12:50hrs in
Room #11 of the Law School.
The IVCF, HWLS Chapter plans to light up Hugh
Wooding and the lives of those within the walls of
Hugh Wooding through various programmes and
activities including Praise and Worship sessions, Prayer
and Praise, Bible Week, Outreach and the use of
Guest Facilitators. These programmes and activities
will all be centered around three (3) central sub-
themes- a) Who Am I in Christ? – Identity; b) Finding
the Light in Me – Values and Character
Building and c)Lighting the World –Christian
Conduct and Witness.
“Let Your Light Shine!” “Do come Fellow-
ship with Us!” Upcoming activities include:-
a) the erecting of the Christmas Tree
and Nativity Scene- Monday Decem-
ber 8, 2014 @ 18:30hrs, in collaboration
with the Catholic Students‟ Movement and
the Student Representative Council; b)
Hotdog & Popcorn Sale- Wednesday
December 10, 2014.
For more information contact our President
at [email protected] or our
Public Relations Officer at
Address to Petitioners
Continued from page 20
So it must be with the young lawyer, except that his private
preparation time must be that much longer – simply because
he is new to the law.
The point I make is that the young lawyer must spend a
significant amount of time simply learning the law (by this I
mean developing an understanding, not attempting to pass
an examination). For every aspect of your practice, for every
niche that you decide to fit in to, for every area that you
seek to specialize in, there are significant rules, decisions,
procedures and sometimes customs and practices that the
specialist must know and thoroughly understand. Develop
an intimacy with the Civil Proceedings Rules, the Convey-
ancing and Law of Property Act, The Real Property Act, the
Succession Act; what principles come out of the decision in
Jetpak Services Ltd. v BWIA International Airways Ltd? Has
the Privy Council departed from or accorded with
local and regional pronouncements of the law in its
decision in National Commercial Bank Jamaica Ltd v
Olint Corp. Ltd? Why did Shabadine Peart v R have
such a significant effect on the courts‟ approach to
breaches of the Judges‟ Rules? What is the felony/
murder rule? Why is it that it does not automatically
lead to the imposition of a death sentence in Trini-
dad & Tobago?
Whether your practice takes on the professional life
of a conveyancer, that of an intellectual property
specialist, or that of a litigator, you must spend a
significant amount of this part of your fledgling ca-
reers simply learning the fundamentals of your cor-
ner of the law. You must spend time closeted away –
working on your substructure – ensuring that it goes
deep and has significant breadth; you must be en-
gaged in deepening, enlarging and widening
the mass of ice that is below the surface of
the water. When you venture above ground
– that is to say, when you are re tested and
examined professionally, you must not be
found wanting. In other words, read the law;
know the law. On the subject or reading, let
me remind you of the fact that you will
often be called upon to express yourselves,
not orally, but on paper.
Unlike the ephemeral nature of the spoken
word, your writings will resurface long after
the time of their execution. The quality of
this permanent record must be of the high-
est if only because of the impression it
makes on its recipient.
To be continued in the next issue.
P A G E 1 6 V O L U M E 7 , I S S U E 5 T H E G A V E L
The Plague of Plagiarism
Written by: Anonymous
Call the police someone stole my words and ideas!!! Can words and ideas really be stolen? The answer is
yes. Creative expressions and ideas are considered the intellectual property of the original author,
therefore a person who dishonestly uses that prop-erty claiming it to be their own has committed a
theft: the act of plagiarism.
The word plagiarism is derived from the Latin word “plagiarius” which means “kidnapper”. From this, the
English word plagiarism was formed. So what is plagiarism? Plagiarism is the theft and dishonest use
of someone else‟s intellectual property without giving proper credit to those ideas, creative expres-
sions, research data and opinions. As a result, plagia-rism deprives the original author of the acknowledg-
ment and profits gained by the fraudulent use of their intellectual property. In other words plagiarism
amounts to fraudulent misrepresentation. The plague of plagiarism in academia is highly disfa-
voured and is a severe academic violation as it un-dermines the academic integrity on which the aca-
demic world is structured. As a result Universities have adopted strict policies and severe disciplinary
penalties to curb plagiarism.
The University of the West Indies for instance has developed strict policies for graduate students to
deter plagiarism. For example, all students of the University are required to pass their written assign-
ments, be it coursework, theses, research papers, project reports through plagiarism detection soft-
ware to determine whether the student plagiarised.
Severe sanctions are also enforced by the University of the West Indies, for instance, if a case of plagia-
rism is identified after the granting of a degree, the University reserves the right to revoke the degree
or diploma under the authority provided to the Senate of the University in Statute 15 of the Univer-
sity‟s Charter.
Over the years there have been several infamous plagiarism scandals which ultimately lead to the plagiarist being subject to penalties similar to those
enforced by the University of the West Indies. One recent scandal involving plagiarism was discov-
ered in July 2014 in the United States of America where The Army War College revoked the master‟s
degree of US Senator John E Walsh. The reason for the Army War College‟s action was due to Senator
Walsh‟s fraudulent submission of published work of Mr. Sean M. Lynn Jones a scholar at the Belfer Cen-
ter for Science and International Affairs as his four-teen page thesis without giving due credit to the
published work of Mr. Lynn Jones.
In 2011 one of Germany‟s most popular politicians, Mr. Karl-Theodor Zu Guttenberg, a man described
as the “shooting star” of German conservatism, was also forced to resign from his position as Defence
Minister after a plagiarism scandal was bought to the fore. The scandal ultimately resulted in the revoca-
tion of Mr. Guttenberg‟s Doctorate by the University of
Bayreuth after it was discovered that the thesis he submitted contained a large amount of plagiarised mate-
rial.
With the advent of modern technologies such as the Internet, students and researchers alike have effortless
access to an infinite pool of published and unpublished information which has inadvertently bought with it the
unwanted plague of plagiarism. As a result it has be-come easier for plagiarist to “cut and kidnap,” words,
ideas and opinions of others and pass it off as their own work.
In the past, detection rate of plagiarised work may have
been low due to inefficiency of manual detection how-ever the very medium which has made it easier for a
plagiarist to pass off work of others as their own has helped to drastically curb academic plagiarism by making
the detection of plagiarism easier. The Internet‟s provi-sion of online detection services such as the services
provided by Turnitin.com has dramatically increased the detection of plagiarism. Turnitin.com is an Internet
based plagiarism detection service provider created by iParadigms LLC. Turnitin.com works in tandem with Universities providing specialized software which effi-
ciently and effectively compares and contrasts submit-ted documents to millions of available books, sources,
magazines, academic journals and academic papers to determine whether a submitted document has been
plagiarised. As a result it is now extremely difficult for
the plagiarist to go unscathed.
With today's education and teaching methods it is not
uncommon for students to place heavy reliance on material obtained via the Internet in order to complete
assignments and project reports. However it is im-portant that students be vigilant in their writing and
always be wary of the danger of committing plagiarism. Harvard College has listed methods to help writers
avoid the plagiarising the work of others some of these
methods are:
Keeping your own writing and the writing of
your source separate. This can be done by using a printed copy of your source material.
This precaution not only helps you to fully understand and use the information more effectively but also reduces the risk of cutting
and pasting source material directly into your
and pasting source material directly into your work.
Keep your notes and draft separate. By keeping notes and draft separate you
ensure that you don‟t cut language and expressions from the source material
and paste it into your paper without proper attribution.
Acknowledge your sources explicitly when paraphrasing. By mentioning the
author‟s name within the material you paraphrased.
Keep track of your all source materials by use of proper labelling and docu-
mentation. This practice significantly
reduces the chance of plagiarism.
Avoid reading a colleague‟s paper for
inspiration. While this is a productive way to exchange ideas and receive
feedback, it may create possible prob-lems because you may unconsciously
copy that person‟s ideas. However it is important to remember if you do use a
colleague‟s ideas you must give that colleague credit for those ideas the same way you give credit for any other
source.
Don‟t save citations for last. Adopt the
practice of citing immediately after you quote or paraphrase from a source.
This practice is very important since it is very easy to lose track of where you
got a quotation or an idea.
It is imperative to avoid plagiarism at all costs since it carries with it the effect of depriving the
plagiarist of the development of critical thinking skills and respect for his creative potential neces-
sary for learning and success in life. Plagiarism also tarnishes the academic purity and reputation of schools as being places of learning and devel-
opment. So let us all band together and stop plagiarism in its tracks before “it saps our crea-
tivity by robbing us one way or another and
consumes us all”.
P A G E 1 7 V O L U M E 7 , I S S U E 5 T H E G A V E L
Be Kind to the Introverts !
Upon entering this very honourable institu-
tion, you would have been introduced to an
assortment of people possessing a wide varie-
ty of personalities. Many a law student is out-
spoken and unafraid of being the centre of
attention. However, there is one kind of indi-
vidual who is often overlooked, misunder-
stood and/or viewed as an anomaly: the intro-
verted law student. Though we do not ask to
be treated any differently, there are some
things that students and staff alike need to
understand.
We can be outspoken, especially when we
are in a small, intimate group or surrounded
by those in whose presence we are somewhat
comfortable. However, these small bursts of
energy eventually burn out and we are left
with the overwhelming desire to go home and
lock ourselves in our rooms. I have often been
met with strange, slightly offended glances
from acquaintances and friends who are con-
fused about why I am suddenly trying my best
to run away from them. Please do not take it
personally. Conversation leaves the classic
introvert exhausted.
We are not unfriendly. Sometimes we just
enjoy our own company or the company of
our closest friends alone. This does not mean
that you cannot approach your introverted
colleague and make light conversation. By all
means, do so! Such a friendly gesture goes a
very long way and would earn you our
respect.
We share similar characteristics
with the average family dog. As a
result of this very stressful world we are
currently immersed in, you and your
friends may choose to take time off and
go somewhere relaxing. I must warn you:
if you take your reserved friend to a party,
they would soon give you a mournful look
and start begging you to take them back
home. Be grateful that you successfully
encouraged them to go outside in the first
place.
Eye contact can be difficult. I do not
know about my similarly-minded col-
leagues but this became an issue for me in
my first year Trial Advocacy course. I
often found myself speaking while staring
at every single thing situated in the
room….except at my lecturer, of course.
I have since conquered this fear to an
acceptable degree. However, I was only
able to do this with the kind encourage-
ment of that very same lecturer who
probably secretly wondered why I found
his neckties so fascinating. live within
our Introversion does not
equate shyness or stupidity. As
introverts we tend to live within our
heads and we find great joy in silence.
It is conceded that this often conflicts
with the pervasive need for each
student to participate in their sched-
uled classes. The fact is, we do not
mind volunteering but if we feel over-
ly pressured or if we feel like we are
unnecessarily being picked on, we
quickly retreat back into our shells.
The outcome is more negative than
positive. Furthermore, to my col-
leagues: please do not shout out the
names of your introverted friends in
the middle of class as a joke. This
would simply earn you a murderous
glance.
These issues are admittedly the tip of
the iceberg only. There are so many
other things I would like to say but I
must not be overly verbose. The
bottom line is: It takes all sorts for
this society (and to a lesser degree,
this profession) to exist. Be kind to
your quiet friends and to everyone in
general. Try your best to be as ac-
commodating and as patient as possi-
ble and I assure you, there are many
people out there who would applaud
you, albeit silently.
Written by: Petra Montague –Sylvester
P A G E 1 8
T H E G A V E L
DUE PROCESS
Written by: Justin Dwarika
The right of due process is a pro-
tection afforded by the law. It seeks
to ensure procedural fairness in
order to give an accused a fair trial.
The constitution of Trinidad and
Tobago provides a detailed list of
protections.
These include: the presumption of
innocence, entitlement to legal rep-
resentation, the option to call wit-
nesses, the right to be present at
trial, the right not to be tried twice
for the same crime, the right not to
be compelled to testify and so on.
Due process has two meanings.
Firstly, there is the broad meaning.
This purports that you are entitled
to be tried in accordance with the
law. Therefore, if you are to be
tried by 12 jurors and you are sub-
sequently tried by 9 jurors it would
constitute a breach of your right.
Secondly, there is the narrow
meaning. This meaning looks to the
fundamental rules of fairness. The
purpose behind this is to certify a
fair system of justice. Additionally, if
the state wants to infringe on an
individual‟s liberty, it must be made
by fair trial.
There are two aspects to this;
1. Substantial due process;
2. Procedural due process- which pro-
vides that the state cannot deprive
someone of their life or liberty
without following due process.
Under due process certain rights and
restrictions have been established.
Firstly, there should be a trial within a
reasonable time period. Denial of this
right has been subject to litigation. The
constitution of Trinidad and Tobago,
while it speaks to a fair trial [Section
5(2)(e)] does not include a reference
to reasonable time. Reasonable time is
determined by the discretion at the
court‟s discretion.
The common law provides a guide to
what can be deemed reasonable time.
Considerations include: the length of
the delay, the reasons given to justify
the delay, the responsibility of the
accused to assert his rights and wheth-
er the accused was prejudiced. Sec-
ondly, there is the defendant‟s option
to call witnesses and the cross-
examination process. Denial of
this right, can significantly impair
the accused‟s ability to defend
himself. This right extends to
calling evidence and cross-
examination but it is balanced
with the interest of the commu-
nity.
Thirdly, the jury trial must be
considered. In recent times, the
jury has not been seen as funda-
mental to the trial process. This
is so because juries do not try
every crime, or indictable of-
fence. Many of these are tried
summarily.
The available remedies may vary
depending on the case. For in-
stance it can be concluded that
the state cannot “pull the rug
from under your feet” without
having considered your rights in a
trial.
P A G E 1 9 V O L U M E 7 , I S S U E 5 T H E G A V E L
ADMISSION TO PRACTICE
Written by: Sandhya Ramkhalawan
On November 14th, 2014 some 173 at-
torneys-at-law were admitted to prac-
tice law in the Courts of Trinidad and
Tobago.
There were two special sittings of the
High Court to hear the petitions, the
majority of which were graduates of the
Hugh Wooding Law School. It was a
joyous moment for the many young At-
torneys, their parents, spouses and many
alike.
One such was Junior Nagassar whose
petition was presented by Senior State
Counsel, Deowattee Dilraj-Batoosingh.
At law school, Junior was the Vice-
President of the Human Rights Com-
mittee and the winner of the Keith S.
Sobion Memorial prize for demonstrat-
ed leadership and initiative. We at the
Gavel wish to congratulate all the at-
torneys-at-law and wish them all the
very best in the future.
Attorney Junior Nagassar (right) stands in front of the Hall of Justice, Port of Spain with Senior State Counsel, Deowattee
Dilraj-Batoosingh (right) who presented his petition.
No Reflection Written by: Roger Ramgoolam
When looking at the silver A shining one way mirror You think
You can behold Everything that‟s told Right in front of you
But what of the
Eternal depth Secrets always kept
Deep within?
Hidden mysteries
That unfold but never are they told to you….. Until that time when they decide it‟s fine
But by then it may be too late.
The calm façade, without
Never raised a doubt
Till now that is..
You look hard and even squint
Perchance there‟ll be a glint of something
familiar
You hope the sight will
Thrill ya
But will ya…
Get what you hoped for?
An Illusion
A reflection
A pale collection Of wishes and hopes
A longing for kindness, compassion
A spark of reaction
To the one you that is really you
You turn away and hide
From the mystery that lay inside
The faceless entity
The eternal complexity
That bids us and keeps us
In the strange web
The nexus
Of our humanity
The daily living
And breathing it leaves a man seething
Just the thought of
The ordinary mundane
The struggle to bear the pain
Of always believing
In others They speak of faith
Renewed and lost
But never calculate
The cost
The toil on your being
The eternal healing
The omniscient feeling
That all is not what it should be
Or maybe it is?
merely to signify that you are capable of the lawyer‟s work. You now are qualified learners; for you now
must go and learn the nuts and bolts, the nuances and the rules of your profession. You must understand clearly that there are several aspects of the lawyer‟s
ethos that you must inculcate. The easy part is to buy a suit and walk around trying to look important; just about anybody can do that. There are the obvious
lessons of punctuality and timeliness, of professional and personal integrity, of industry. Make no mistake, these facets of your development are important; but I wish to suggest that those traits are of little assistance
to the lawyer who has failed to learn his craft. So, how does the newly-minted lawyer proceed? How
does he/she embark on that long road which will, eventually, take him/her to that place called profession-al achievement and success? Think for a moment of an
iceberg – it is said that 7/8 of the mass of the iceberg lies beneath the surface of the sea – that the large colossus of frozen ice that is seen when one looks at
an iceberg is only 1/8 of its mass.
I suggest also that you take the time to walk around
Port of Spain and look at a building under construction – if you pay attention you will find that the construc-tion process often takes up a significant amount of
time with the substructure – which eventually be-comes the basement. You are likely to find that the eventual height and breadth of the building is directly related to the depth and scope of its substructure. So
it is with eminent counsel – the successful lawyer – when counsel rises to his legs to address the court, what you see and hear for that time that counsel is
speaking represents a distillation of countless hours of preparation done in private.
Continued on page 15
THE GAVELTHE GAVEL A P U B L I C A T I O N O F
T H E H U G H W O O D I N G L A W S C H O O L
V O L U M E 7 , I S S U E 5 J A N U A R Y / F E B R U A R Y
General Admissions to Practice before the Courts of Trinidad & Tobago –
November 14, 2014 – Address to the Petitioners
Written by: Justice Hayden A. St.Clair-
Douglas
To the many parents and grandparents, spouses, family members, well-wishers and other invited guests – please permit me, on behalf of the Judiciary of Trinidad & Toba-
go, to bid you welcome. I also beg your leave to join in the chorus of congratula-tions now being directed at the persons
who are the subject of these proceedings – the newly-admitted Attorneys-at-Law, whose petitions have been granted.
May I say to the newly-admitted Attorneys-at-Law that the fact that each of you has
attained the milestone being celebrated today is testament to a number of things –
you have demonstrated that you have the
ability, the acumen, the determination and the desire to become lawyers; you have been tested, I am told with innumerable assignments and various other forms of
torture, and you have emerged from those trials stronger for the experience.
My reference to today‟s proceedings, and your call to the Bar, as a milestone, is not a chance reference; I assure you that it is a
deliberate choice of words. For many of you today marks the culmination of many long years of struggle, of sacrifice, of priva-
tions of all sorts, general hard times, and most of all, of hard work. Your families and well-wishers are present to witness you
being called to the Bar and they are, natu-rally, overflowing with pride at this signal
achievement.
This address is intended to be consonant with today‟s overwhelming climate of felici-tations, and well it should be. I wish, re-
spectfully, to offer some words of advice and encouragement, but I consider it im-portant that you recognize that the mile-
stone I had earlier referred to is only the first quarter-mile marker on the journey which you are about to embark on.
There are several sources from which you can derive guidance regarding the duties
and responsibilities of counsel at the bar.
You may wish to begin by developing familiarity with the Legal Profession Act. A trip to the Supreme Court Library will also provide you
with useful guidance. The full enumeration and discussion of your duties and obligations is be-yond the scope of this address, but I will never-theless attempt a brief reference to some of the
requisites.
I am reminded of the young boy who, asked to write a descriptive essay on a cricket match, wrote the following: “Rain fall, no play.” In the
same vein, everything I have to say here can be condensed into the following advice: “Read the law, know the law.” Because I believe you de-
serve to hear more than merely “Read the law, know the law”, and because there are more facets to the successful Attorney-at-law that are
additional to his knowledge of his craft, you will permit me to make the following observations. When you sign the roll of Attorneys-at-Law
today you will be entitled to be referred to as such. You will have rights of audience before the courts throughout Trinidad & Tobago, and many
of you in other jurisdictions up and down our archipelago. From Monday next, you will be entitled to stand in a court of law and say “May
it please the court, I appear on behalf of so and so.” This is all heady stuff; it can perhaps be somewhat overwhelming; but I wish to suggest
some pause and reflection. Many of you are no doubt saying to yourselves
that the days of the struggling student are now behind you. The days when the only things that came out of your pockets were handkerchiefs and dinner mint wrappers are over. There are
visions of finely tailored suits, of large-engine sports cars and of what is often referred to as “the good life”. There is surely a place for such
dreams and aspirations, but I wish to suggest that you look down at your feet and ensure that they are firmly planted before you begin pushing
off.
Be under no delusions that the certificates
which you received from the Council of Legal
Education earlier in October are intended
Justice St. Clair—Douglas
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