Tuesday February 9th, 2010
- Last update:12 hours 11 min ago
Sat happy with court award...
Govt to pay $3m for radio licence delay
Published: 23 Sep 2009
Satnarayan Maharaj.
The State has to pay the Sanatan Dharma Maha Sabha, which operates Central Broadcasting Services Ltd, close to $3 million in damages for its unequal treatment and delay in granting them a FM radio broadcasting licence.
Justice Ronnie Boodoosingh awarded compensatory and vindicatory damages yesterday by way of a video conference at the San Fernando High Court.
This was the end result of a eight-year legal battle between the Maha Sabha and the State regarding the granting of a licence for Radio Jagriti 102.7 FM. Boodoosingh said this case showed discrimination “plain and simple.”
He said: “The award was meant primarily to deter public authorities and persons exercising public functions from engaging in or persisting with unequal treatment.” Expressing his satisfaction with the sum, the Maha Sabha’s general secretary Satnarayan Maharaj called on the State to show good faith and ensure that those who discriminated against the Hindu community and the Maha Sabha were prosecuted.
“We asked the Integrity Commission to investigate this, but the commission is in limbo,” he said. “We call on the State to go after the people in Cabinet who did this wrong. Identify those who lied to the court.” The Maha Sabha had filed a constitutional motion against the attorney general for inequality of treatment in its failure to grant them a radio broadcasting licence. In a landmark judgment on February 5, 2004, Justice Carlton Best ruled that there was unequal treatment in Central Broadcasting Services’ application in relation to Citadel Ltd. The matter was appealed.
The Court of Appeal also found there was unequal treatment. The Maha Sabha sought further redress at the Privy Council. The Judicial Committee ruled, on July 4, 2006, that the State had discriminated against the Maha Sabha and held that its constitutional right to freedom of expression was violated.
The Privy Council ordered the State to grant the licence to the Maha Sabha forthwith. But the Maha Sabha was not awarded the licence until September 22 that year. The assessment hearing for damages in this matter was heard in July for three days. Yesterday, Boodoosingh said he took into consideration among other things the State’s delay in dealing with the Maha Sabha’s radio licence application in October 2000, as well as the State’s unjustified delay in complying with the Privy Council judgment.
Always a High Price to Pay
Always a High Price to Pay for Injustice:
A government that operates contrary to the principles of equality, and embraces injustice and inequity will always be called upon to answer for their 'sins' sooner or later. We must never forget that The Republic of Trinidad and Tobago is a DEMOCRACY; not a dictatorship.
From the very beginning this "PNM Administration" made a conscious decision to engaging in bigotry. They defended their 'abuse of power' vigorously, using taxpayers resources to support their discriminatory practice.
The Sanatan Dharma Maha Sabha challenged this 'abuse of power' all the way up to the Privy Council where a ruling was made in their favour. But still this government did not comply in a timely fashion: They dragged their feet.
It's approximately 9 years to the day since the Maha Sabha submitted it's application for a FM Radio Broadcasting Licence. A very long time that had to be invested to seek justice for an integral part of our community.
The sum granted of "$3Million in damages for its unequal treatment and delay in granting a FM Radio Broadcasting Licence." is a small amount for the degrading treatment this organization had to endure from their very own government in office over these 9 years.
The High Courts has ordered that the STATE has to pay this $3 Million. It is not coming out of the personal bank accounts of the government officials who engage in bigotry in this case: It is coming out of the pockets of the citizens of this country. We cannot, and must not continue to 'give blind/nonverbal permission' to our gov't to continue to 'misbehave in public office' because it is we, the citizens of T&T who must pay these monetary awards.
We have to hold our gov't accountable, and demand and fight to ensure that they operate with transparency and ethics. We can no longer 'give' them permission to operate as a 'rogue' government.
We are now faced with two alternatives:-
1) We demand that our Gov't change their behaviour, or
2) We seek a change in Regime.
We can no longer accept the Status Quo. (Existing State of Affairs.)
GS Well said my friend
GS
Well said my friend
The tax payers paying for
The tax payers paying for all this contemptible nonsense.
If I was responsible for dat, I woulda resign. But den I have a t'ing called 'shame'. Unfortunately for taxpayers, dat word missing from dey vocabulary at the top.
But the other problem is that the electorate seems blind to the fact that they are collectively responsible for all this. Who put dem dey in power!!?
Skins of crapaud
Skins of crapaud leather
Jumbie's Watch
PNM CIVIL DISOBEDIENCE
PNM CIVIL DISOBEDIENCE -
PNM claimed that the opposition was practicing Civil Disobedience and were refusing to co-operate with the crime bills. The opposition co-operated and the bills were passed. The CRIME GOT WORST. The PNM lies and propaganda worked. That is moral and spiritual values. Where are
1) The Equal Opportunities Bill, so that those who feel discriminated can have redress, the government is dragging its feet.
2) Where is the BREATHALYZER BILL people are dying like flies, the government dragging their feet?
3) What about OSHA implementation.
4) What about the Integrity Commission, they get Panday so we no longer need them.
5) What about the Uff Commission, UDECOTT a government company dragging its feet.
6) What about appointments to, DPP, COP, Solicitor General.
7) Where is our media, who were so vociferous in supporting the claims of UNC Civil Disobedience? Waiting for more government adds?
8) Where are the Religious, Labor, Business Leaders and NGO’s. Waiting for more government subventions or appointments?
9) Where are our UWI scholars who were so critical of the UNC, like Le Guerre and Ghanny. I forgot they now have special government appointments, so much for our independent thinkers.
9) This is tantamount to PNM CIVIL DISOBEDIENCE and they are well supported in their misdeeds.
Don’t come later with crocodile tears telling me about personal responsibility and that the young people are becoming lawless. Where are their exemplars? Where are our Leaders? We have let down our youth. We have let down our country. We have no leaders’ only deceivers.
This new judge no doubt will
This new judge no doubt will be another marked one even if he was only implementing the PC's decision. He too must watch his back. And is more pressure for the already beleaguered Judiciary. No doubt, Government will continue to drag out the issue especially given the state of the Treasury. They will probably appeal against the award as being excessive or drag their feet in making the payment.
It would be interesting to see how much the eight-year process cost the taxpayer with all the high-priced legal fees and procedures in an action so blatantly unnecessary in the first place and smelling so strongly of discrimination when you see the difference in how PNM's Citadel was allowed to jump the queue and in two twos given a licence. Hopefully the Guardian would do some research and publish the numbers for us.
Maybe it is time the Law Reform Commission look into drafting legislation making officials who either through wilful negligence, gross dereliction of duty and/or deliberate acts of discrimination displaying overt irrational prejudice should be made personally liable and accountable for their actions and all financial costs resulting from such acts. Only then will they be more conscientious and fair-minded.
Perhaps Jean Permanand might find this an interesting issue to engage her legal mind.
Lex Lootah Lallasingh
Lex Lootah Lallasingh (BOTHO)
It is interesting to note that Citadel's owner states it was he who was discriminated against. I ask How? By getting a license in record time...by having PNM connections in the right places...by being a board member of a state agency...I believe strongly that though Mr Lee Sing was not part of the decision making process there is the possibility of him having influence, by association, on the persons who did make these unfortunate decisions, and thus this matter warrants an investigation so as to discern any impropriety on the part, of Cabinet and the board member of National Lotteries board in question.
Taxpayers to bear the burden
Taxpayers to bear the burden of the arrogance and bias of this Government.
Once again, we are to bear the brunt of this act of oppression by this present Government. They can do whatever they like, to whoever they dislike, and we have to pick up their tab.
This, the Uff Commission and so many other acts of their callous dealings, will no doubt come out of our pockets.
While I listen to Minister Marian Brown talk about what the 3% property taxes will be used for, is there really any accountability, or is this just another set of really hot air escaping from his mouth instead of his......?
http://dsaltsman.blogspot.com/
Saltsman, you does really
Saltsman, you does really see "hot air" coming out this man's mouth, well you could see better than me...all I does see and hear when this man open he mouth is ah whole load ah sh*t.
The steam escaping his mouth
The steam escaping his mouth has a greenish appearance...
Saltsman, you sound like a
Saltsman, you sound like a real expert emissions tester!! Are you a qualified emissionologist, or what?
....this radio station
....this radio station license business smells big time...to call a spade a spade, the government discriminated against its people based on race and culture, we feel safe now in calling this government racist....plain talk, bad manners...we now have three million reasons to think about it....pity these racist denizens operate under the cover of parliament and in dark, secret nooks and crannies, thus avoiding personal litigation for their sins...as usual, we the taxpayers pick up the tab.....regime change is the only solution.....
I beg to differ with some of
I beg to differ with some of your comments.Whilst the action of the government appears to be foolish,I cannot see how regime change would benifit a society embroiled in racial division.When the same rethoric is comming from both the government and the oppossition.What we need is a new breed of "True Trinidadians" who really love this country and care for the values that was the core of our being.I rememeber a time when were not Afro or Indo (being the majority ethnic groups)Trinidadians but "TRINIDADIANS".What we have now is a set of self centered ,power hungry politicians whoose only concern is filling their pockets.That is the change we need.
Change will come,who will rise to the challenge,will the "True Trinidadians" please stand up.
Wish there were more people
Wish there were more people with that kind of thinking. We need to rekindle that "one love" flame we had as late as 1985/1986, but it must be based on more genuine foundations and not left to a "pick upside" as Lloyd Best termed it. Remember how the whole population was elated and motivated, cleaning up eyesores all over the place with volunteers? Then we saw how the Party imploded after such a rally of voters of every creed and race sweeping it into a 33:3 majority. The annointed Head got carried away and felt that it was he with his 2 seats who won the election, a fulfillment of Harribance's prediction come true. After that the Party started imploding with favouritism and nepotism, and was electorally obliterated and then it was a descent back to tribal politics. Hopefully the country has learned some lessons from the experience and matured sufficiently to know that unless it pulls together, we'll all sink together in the same boat. We must love country before party or we're all doomed in the long run.
But call it regime, change of government,party change, whatever, genuine change is needed very soon before the present politics leads us over the precipice. We are already on the brink.
Sir, please take a deep
Sir, please take a deep breath:
As humans we are gifted with the ability to think and reason.
I do hear you, and understand where you are coming from.
It is very difficult to see this type of behaviour coming from our employees in government.
I do realise that it is difficult sometimes to see the twisted and abusive behaviour of some of our politicians in office and the atmosphere of 'segregation' they create amongst our peoples, for their personal gains and that of their 'special interests inner circle'. I would not label this government as "racist", but rather as indulging in discriminatory and unethical practices.
If we should jump on the bandwagon and scream 'racism' we will be giving unbridled support to those who wish to push their sinister agendas to separate and divide our peoples.
What would be productive is for us to recognise where discrimination takes place, question and demand that those who are violating the laws of our land are brough into question to account for their actions. If and when they are found to be in violation, push for our systems to step in and demand change of behaviour, and/or like this case pay monetary compensation for their violations.
In T&T, we have a population of many races, culture, religions, etc. and we have very little alternatives available to us, but to live in harmony respecting our similarities and our differences.
We should not tolerate any ignorant politician 'misbehaving in public office' under our watchful eyes.
We have freedoms at our disposal, and living in a democracy, we can and must stand up and demand that our employeees in public office conduct themselves in a manner befitting their station.
We must work to become part of the solution, rather than part of the problem.
While typing this I heard a young man ask the following:-
- What do I want
- What do I want for my nation
- What do I want to leave for the generations coming after us?
Something to seriously think about.
We have the right to yell "free at last .. free at last' and never allow anyone to take this our freedom away from us. Equity for all.
Have a good day, my friend.
I'm no fan of Sat Maharaj,as
I'm no fan of Sat Maharaj,as a matter of fact I find him to be a Racist and dipicable person.However,I'm totally against discrimination of any form and if this was the case then,due compensation is warranted.Unfortunately it's we the Tax payers who have to pay for this foolishness.
Makes good sense. We must
Makes good sense. We must never allow personal feelings or other factors to corrode our decision-making. Forget personalities and prejudices and deal with the issues with objectivity and fair play and you earn respect, even from your adversaries, or you lose all credibility.
How easy we find it to paint
How easy we find it to paint Maharaj as despicable and racist, with little protesting comment, while to do the same for Cudjoe, Manning et al, raises a cloud of protective dissent. Different strokes for different folks?
Its because he's Indian.
Its because he's Indian. Indians have no place in sweet T&T.
Ordo Ab Chao
Would you consider Selwyn
Would you consider Selwyn Cudjoe a Racist and dipicable? I do hope so.
Congratulations to the
Congratulations to the Guardian for putting this story where it belongs - on the front page!
I may not always agree with Sat Maharaj, but his vocal and strident manner is sometimes needed in a society like ours where it seems so easy to trample on the "minorities" in the population without any sense of shame. Mr. Louis Lee Sing's wrong and strong attitude is representative of the wider arrogance of those in his party, and I dare say, any party that stays in power for too long. Like the Americans, we should limit the terms of governance of our own "executive president". "Power corrupts and absolute power corrupts absolutely" is not just another cliche, it's our living reality.
Read:'People of Trinidad and
Read:'People of Trinidad and Tobago to pay $3m for Radio Licence'. It's time they take it out of their personal pockets!!!
ajfyzabadbutlertown