The three daily newspapers all carried the advertisement on Friday, December 3, last year. "Pan Trinbago Apology to Exodus" screamed the headline over the body of text that stated in its final paragraph: "In an effort to resolve this matter which has been under legal consideration since then, Sagicor Exodus has agreed to accept the sum of $1 representing damages." What had the Caribbean Panorama, World Steelband Music Festival and National Panorama champions done to become embroiled in a legal matter with Pan Trinbago and, after being victorious,settle for just one dollar?
This had always piqued my curiosity, so I felt compelled to get the facts now that Panorama 2011 is here, and especially as Sagicor Exodus did not make it to the final last year. According to band manager Ainsworth Mohammed, the matter stemmed from an incident on stage at the National Panorama finalsof2009 when the band wasforced to reduce its complement of playersfor what Pan Trinbago claimed was exceeding the player limit on stage. "Prior to 2009, large bands were allowed to field 120 players in the Panorama," explained Mohammed."However, Pan Trinbago decided to reduce the number to 100 at an extraordinary general meeting called to discuss the issue on November 29, 2008."
After objections to the decision aired at the meeting with some of the large bands, the organisation's then president Patrick Arnold agreed, through an amendment, to reverse the decision and allow the large bands to compete with 120 players. Mohammed pointed out, however, before the semi-final round of competition, that Arnold called a meeting in Pan Trinbago's car park to say he had erred in issuing the amendment, so the decision taken at the extraordinary general meetinghad to be enforced.
"But as far as Sagicor Exodus was concerned that extraordinary general meeting was unconstitutional,in thatthe rules were breached," said Mohammed. "Bands did not receive the stipulated 30 days advancenotice, the specific agenda was notstatedand there was no quorum for the meeting. "To make matters worse, all present at that meeting were allowed to vote whether you were a delegate or not. "What should be noted is that over the years bands were never hassled for playing with numbers in excess of the "stipulated" amount.
"Large bands do not ever concern themselves about numbers as they are fully aware of the fact that the quality and execution of the music is what really matters." At the end of the semi-final round of Panorama 2009, Sagicor Exodus was second to Phase II Pan Groove by a mere two points. "But we learned that Arnold said he wanted to 'break up the big five'-Desperadoes, Phase II, All Stars, Renegades and Exodus," said Mohammed.
"So on the night of the final someone called and told him we were appearing with more than 100 players. I called him one hour before the start on his cell phone to enquire, and he admitted that he received the call, but said he 'was not taking on that.' "Yet, when we went on stage we were delayed for nearly 45 minutes byPan Trinbago personnel and police who were there to ensure law and order and not to determine the numbers in bands. "Sagicor Exodus wasthe second in playing position, but the first of the "power" bands.Weadmitted to the officials that we had 124 players, and we were bullied by them and the Police to reduce the numbers to 100. This was never done before by any past president of Pan Trinbago.
"We complied inorder not to further delay the show and in the interest of the paying patrons and a 'live' television audience. "At the end of the performance,two members of the then executive of Pan Trinbagorushed to the judges' enclosure demanding that no marks be scored for us, and we should be disqualified. When the results were announced, the band placed sixth." Some will be of the view that all the bands were requested thereafter to perform with 100 players and therefore the playing field would have been leveled. Fact is, checks revealed that other bands had the benefit of advance notice, albeit on the same night, but they were not subjected to harassment by Pan Trinbago officials and the police. They also were not seen as having delayed the show by some 45 minutes.
Sagicor Exodus was determined to clear its name and its image of discipline and professionalism, and so employed the services of attorney Elton Prescott, SC. Communication between attorneys began in May 2009, with a view of coming to some amicable settlement and to avoid going to court. After reviewing the facts, Patrick Arnold admitted verbally that the organisation had erred. But before arrangements for settlement were agreed to, he was voted out of office. The new president of Pan Trinbago Keith Diaz, upon assuming office in late 2009 and after hearing the facts, conceded that Pan Trinbago was at fault, and sought an out-of-court settlement of the matter.
In recognition of the fact that Diaz and his new administration were not to be blamed, Sagicor Exodus agreed to settle under the following conditions:
•a public apology worded to its satisfaction in the three daily newspapers;
•pan Trinbago meet all legal costs; and
•acknowledging that damage would have been incurred with respect to "loss of earnings" and "reputational damages."
Sagicor Exodus had agreed to accept the nominal sum of $1 in settlement.
When pressed for a reason for accepting such a sum after all the effort, time and energy in getting Pan Trinbago's admission that it was at fault, Mohammed said: "Exodus was bornout of principle, and in fairness to the new Pan Trinbago administration led by Keith Diaz, though we needed the money also, we just could not bring ourselves to exploit the situation which was not of their making. "We are also hoping that no steelband will ever be subjectedto this kind of treatment and disrespect in the future," he added.
