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 hwls.newsletter@gmail.com.

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

welfare.src2014@gmail.com

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 twilliams.advocategy@gmail.com or our

Public Relations Officer at

tmac_0118@gmail.com.

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