Home' Trinidad and Tobago Guardian : July 18th 2013 Contents A6
Guardian www.guardian.co.tt Thursday, July 18, 2013
The Court of Appeal yesterday
reinstated 11 safety and health
charges against three construc-
tion companies connected to the
collapse of scaffolding at the Cus-
toms and Excise Building in Port-
of-Spain in 2006.
The charges were initially filed
on January 11, 2007, by the Inspec-
tor of Factories Jeffrey Millington,
who investigated the incident.
The mishap, which happened
on July 12, 2006, at the Govern-
ment Campus construction site,
Richmond Street, Port-of-Spain,
left 20 workers injured. One man,
Floyd Simmons, lost his leg.
Within six months of the inci-
dent, Millington instituted 11
charges against the three compa-
nies for alleged breaches of the
Safety and Health Act (Osha).
The companies are NH Inter-
national Caribbean Ltd, the con-
tractor; Safeway Access and Sup-
port Systems, which built the
scaffolding; and Turner Alpha,
which served as project supervisor.
NH International was slapped
with four charges. Safeway was
charged with six offences and
Turner Alpha one.
Those charges were dismissed
by the Industrial Court, which
ruled that Millington did not have
the authority under the Osha to
bring the charges.
Millington appealed and a 19-
page judgment delivered yesterday
reversed the initial decision.
Justice Allan Mendonca said:
"Millington is the complainant and
is capable of laying the com-
plaint...The appellant (Millington)
has a common-law right to initiate
Justices Alice Yorke Soo-Hon
and Gregory Smith also sat on the
Millington s appeal centred on
the interpretation of the Osha leg-
islation which was passed by Par-
liament in 2004. The act created
several new safety and health
offences, with its Section 98,
explictly repealing the Factory
Ordinances, which created Milling-
ton s position.
In their defence, the companies
attorneys submitted that while
most of the act was proclaimed in
2006, Section 98 came into effect
in August 2007, months after the
charges were laid.
They claimed as a result,
Millington did not have the locus
standi under the legislation to
prosecute the offences.
In the appeal, Millington relied
on Section 29 (2) of the Interpre-
tation Act and claimed that
because the Osha legislation
repealed the older Factory Ordi-
nances, he should be deemed to
have been appointed an inspector
under the new legislation.
Mendonca rejected Millington s
submission, noting that the newer
Osha legislation contradicted the
older legislation, rendering Milling-
ton s submission inapplicable.
Millington s lawyers also sub-
mitted he had a right under com-
mon law to bring the charges under
the act as a private complainant.
The companies objected, saying
the charges were laid by Millington
in his official capacity.
Mendonca agreed with Milling-
ton s submission on this point,
saying: "Any words or statements
in the information or summons
indicating the former s official des-
ignation or that he is acting on
behalf of the public body could be
disregarded as surplusage. What
mattered was that there was a per-
son before the court who could
have laid the information."
Millington was represented by
Senior Counsel Douglas Mendes
and attorney Sean Cazabon. NH
International was represented by
Leslie Ann Lucky-Samaroo and
Joan Byrne. David Cowie repre-
sented Safeway and Seenath
Jairam, SC, appeared for Turner
Police have held two suspects
in connection with the spate of
maxi-taxi robberies on the Pri-
ority Bus Route.
The suspects, 29 and 25, are to
be placed on identification parades
Police Service public informa-
tion officer Sgt Wayne Mystar
confirmed yesterday that the men
were in custody.
Mystar was speaking at yes-
terday s police media briefing at
the Police Administration Build-
This comes in the wake of
complaints made by president of
the Maxi Taxi Association Linus
On Tuesday, Phillip said the
police needed to do their jobs and
arrest criminals who have robbed
maxi taxis during the past few
Phillip said there were reports
of robberies on the bus route up
to four times a week.
Mystar said Phillip would meet
with Deputy Commissioner
Mervyn Richardson to address
the issue and police patrols would
be stepped up. (CC)
Almost $2 million worth of
high-grade cocaine was found
near Piarco Airport on Monday
The illegal drugs were found
hidden in a suitcase which was
abandoned near a businessplace
According to reports, shortly
before 8 pm on Monday, police
from the Northern Division Task
Force (NDTF) were on patrol on
Golden Grove Road, Piarco, when
they saw a car parked at the side
of the road near the establish-
As the occupants saw the police
car they sped away towards the
leaving behind a black suitcase at
the side of the road.
In it police found six plastic
packages of cocaine weighing a
total six kilos.
No arrests were made up to
The narcotics are expected to
be taken to the Forensic Science
Centre in St James for testing
before being destroyed.
Investigators believe the sus-
pects were planning to export the
drugs through the airport.
Senior Supt David Abraham
and ASP Hosein, of the Northern
Division are continuing investi-
Cops nab two
$2m worth of
Three construction firms
to answer Osha charges
Court allows appeal in scaffolding collapse...
A woman struggles to keep her umbrella under control as strong winds blows it upwards as she makes
her way across Independence Square, Port-of-Spain, yesterday. PHOTO: ROBERTO CODALLO
BLOWING IN THE WIND
After days of panic buying at gas sta-
tions and lines of traffic across south
Trinidad because of the slow distribution
of gas by the National Petroleum Com-
pany (NP), the company says things were
"back to normal" as of Tuesday after-
Acting manager of corporate commu-
nications Rae Gilbert said in a telephone
yesterday that gas was being collected
once again at the Pointe-a-Pierre bond.
"I believe so. Things are back to nor-
On Monday, Gilbert said all tank wagons
had been filled and dispatched via NP s
Sea Lots, Port-of-Spain gantry and there
was "a delay in South because nothing
was coming from Pointe-a-Pierre."
She could not confirm why that was
so. There had been rumours that NP truck
drivers were unhappy with cuts to their
weekend overtime salary.
There were, however, some gas stations
which were still without a supply of super
gas earlier yesterday because of the panic
buying that had occurred.
A statement released by NP yesterday
said operations had returned to normal-
"All stations that were affected by the
delay in delivery of Super fuel last weekend
have since received supply," the statement
"Operations have returned to normalcy
effective yesterday (Tuesday) evening. We
apologise for any inconvenience caused."
An anti-crime exercise in Laventille
yesterday resulted in the seizure of two
illegal firearms, a quantity of ammuni-
tion and marijuana.
Police said shortly after midday, officers
from the North Eastern Division Task
Force (NEDTF) led by Insp Roger Alexan-
der went to Sapodilla Street, Laventille,
where they raided a home with four male
Police said a 12-gauge shotgun with
two rounds of shotgun cartridges, a Smith
and Wesson .38 revolver with five rounds
of .38 ammunition and a quantity of mar-
ijuana was recovered inside the house.
The suspects were arrested and taken
to the Morvant Police Station where they
were questioned by detectives. Two of
the suspects were wanted in connection
with several recent robberies and shooting
incidents in St Joseph.
Investigators said the suspects are to
be charged after they participate in iden-
tification parades related to the incidents.
Police said the suspects are all known to
police and are known affiliates of a gang
in their community.
The firearms and ammunition will be
taken to the Forensic Science Centre in
St James for ballistic testing to determine
if they were used in recent shootings
which are still being investigated.
Police said similar exercises would be
conducted in the next couple of weeks.
Sgt Cornelius Samuel, Cpl Sunil
Bharath, PCs Jerome Gordon, Clint Dass
and Andell Celestine were also involved
in the exercise.
NP gas stations
back on line
Cops seize guns,
drugs; arrest four
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