Senior Reporter
kevon.felmine@guardian.co.tt
More than a month after activist Alyssa Phillip was controversially arrested during Labour Day celebrations in Fyzabad, the labour movement is awaiting legal advice on whether there are grounds to challenge the matter in court.
General secretary of the National Trade Union Centre (Natuc) Michael Annisette told Guardian Media that attorneys are reviewing statements, photographs and other material submitted in relation to the incident.
Phillip’s arrest during the June 19 Labour Day procession sparked criticism from sections of the trade union movement and the public, with many questioning the police response. The Trinidad and Tobago Police Service (TTPS) said officers acted after Phillip and others were not part of the authorised procession and were instructed to disperse.
Yesterday, the matter against Phillip and her mother was called before Senior Magistrate Erica Baptiste-Ramkissoon. They pleaded not guilty to all the charges. The matter was adjourned to October 20 and the two will remain out on bail.
Annisette, who criticised the arrest shortly after it occurred, said the attorneys must first determine whether there are legal grounds to proceed.
“In any matter, the lawyers have to evaluate to make a determination in the context of whether it’s a winnable case, whether it has grounds based on the Constitution or any other windows that they may look at,” Annisette said.
He said several people had submitted statements and photographs, but the decision on whether legal action should be pursued rests entirely with the attorneys.
“That is not for me to determine. That is for the legal luminaries, the persons who are versed in law, to advise accordingly. And we are yet to receive that advice.” Annisette stressed that the legal review was an initiative of the wider labour movement rather than any single union.
“It’s a labour movement. It is an initiative by the labour movement. It is not something that is specific to any one organisation.”
He said he had not personally spoken with Phillip since the incident and could not say whether she had submitted information to the legal team.
“No, I have had no discussions with her as I speak to you. I could speak for myself personally. There haven’t been any discussions.”
However, he maintained that his view of the arrest had not changed. “I do, because I believe it was unfortunate. It was, in my humble view, a misuse and abuse of our state and power,” he said.
Annisette said he believed the situation could have been resolved without an arrest. He said photographs from the incident showed efforts were made to engage with senior police officers.
“If you look at some of the photos, I would have been trying to engage the senior superintendent, so that we could have had what I would call a peaceful and mutually agreeable resolution. That was not to be,” he said.
He also reiterated concerns about the impact of the incident on his 13-year-old daughter, who he said was present during the confrontation.
“I did raise it on the platform. And as I said on the platform too, my daughter, a teenager, 13 years old, was pushed aside and she was traumatised by the actions,” he said.
Annisette said the police response was unnecessary and the matter should have been handled differently. “I continue to feel that the unnecessary use of force, and also on a sacred day like Labour Day, that this matter could have been much better handled in a more humane way and with a level of humility,” he said.
