Trinidad Newsday By JADA LOUTOO Tuesday, February 24 2015
WORLD governing body for the steelpan, PanTrinbago, has lost its appeal against a decision of a High Court judge who, in 2013, ruled that two steelband members were eligible candidates for the organisation’s central executive committee elections.
In a decision handed down by Justices of Appeal Peter Jamadar, Nolan Bereaux and Mark Mohammed, the Appellate Court held that PanTrinbago failed to prove that the decisions of High Court judge, Justice Ricky Rahim were plainly wrong.
Pan Trinbago was only successful in its ground of appeal as it related to the award of prescribed costs.
In his judgment, which was delivered in the San Fernando High Court on January 17, 2013, Rahim ruled in favour of Denise Hernandez, of Massy All Stars, and Keith Simpson, of St James Tripolians Steel Orchestra. The duo, along with Maurice Alexander and Steadson Jack of Pan Elders, filed the judicial review lawsuit after their nominations for the elections were rejected. The election, which was scheduled for October 28, 2012, was postponed after Rahim granted an injunction at the quartet’s request. The organisation decided not to lead any evidence challenging Simpson, which left him free to contest the post of treasurer.
In their defence, Pan Trinbago contended that Hernandez, who intended to fight the post of internal relations officer, was not a delegate and her steel orchestra, All Stars, was not a financial member of the organisation.
Rahim dismissed the organisation’s claims and found that there was evidence that All Stars was treated as being in good financial standing by Pan Trinbago, which meant the band was a qualified candidate to contest the elections. Rahim also ordered that Pan Trinbago pay Hernandez and Simpson $5,000 each in damages. In the ruling, Rahim did not find Alexander and Jack were eligible candidates and dismissed their claims.
Mohammed, who wrote the 36 page ruling, said it was not disputed at the trial that PanTrinbago owed All Stars appearance fees, nor was it disputed that the steelband was considered to be in good financial standing for Panorama registrations in July 2012.
“Pan Trinbago has not demonstrated that the judge was wrong to find Massy All Stars was a member in good financial standing and on the face of the evidence it was permissible for him to make the finding of fact which he did,” Mohammed held.
He also said the grant of declatory relief upon admissions or concessions was not barred in all instances and the declaration that Simpson was wrongly excluded from the election process was necessary to do justice in the case to ensure that he was afforded his right to contest the elections.
Mohammed also found that the sum of $5,000 for nominal damages was not inordinately high nor exorbitant despite an argument by PanTrinbago that there was no claim for the damages in the lawsuit and any nominal damages to be awarded should have been in the range of $1 to $5.
Senior Counsel Ramesh Lawrence Maharaj represented the pan players while Kerwyn Garcia appeared for PanTrinbago.
Replies
It's about time.
Looks like progress is in the making