Trinidad & Tobago Guardian
How Sagicor Exodus came to settle for $1
by David Cuffy
The three daily newspapers all carried the advertisement on Friday, December 3, last year. “Pan Trinbago Apology to Exodus” screamed the headline over the body of text that stated in its final paragraph: “In an effort to resolve this matter which has been under legal consideration since then, Sagicor Exodus has agreed to accept the sum of $1 representing damages.” What had the Caribbean Panorama, World Steelband Music Festival and National Panorama champions done to become embroiled in a legal matter with Pan Trinbago and, after being victorious, settle for just one dollar?
This had always piqued my curiosity, so I felt compelled to get the facts now that Panorama 2011 is here, and especially as Sagicor Exodus did not make it to the final last year. According to band manager Ainsworth Mohammed, the matter stemmed from an incident on stage at the National Panorama finals of 2009 when the band was forced to reduce its complement of players for what Pan Trinbago claimed was exceeding the player limit on stage. “Prior to 2009, large bands were allowed to field 120 players in the Panorama,” explained Mohammed. “However, Pan Trinbago decided to reduce the number to 100 at an extraordinary general meeting called to discuss the issue on November 29, 2008.”
After objections to the decision aired at the meeting with some of the large bands, the organisation’s then-president Patrick Arnold agreed, through an amendment, to reverse the decision and allow the large bands to compete with 120 players. Mohammed pointed out, however, before the semi-final round of competition, that Arnold called a meeting in Pan Trinbago’s car park to say he had erred in issuing the amendment, so the decision taken at the extraordinary general meeting had to be enforced.
“But as far as Sagicor Exodus was concerned that extraordinary general meeting was unconstitutional, in that the rules were breached,” said Mohammed. “Bands did not receive the stipulated 30 days advance notice, the specific agenda was not stated and there was no quorum for the meeting. “To make matters worse, all present at that meeting were allowed to vote whether you were a delegate or not. “What should be noted is that over the years bands were never hassled for playing with numbers in excess of the “stipulated” amount.
“Large bands do not ever concern themselves about numbers as they are fully aware of the fact that the quality and execution of the music is what really matters.” At the end of the semi-final round of Panorama 2009, Sagicor Exodus was second to Phase II Pan Groove by a mere two points. “But we learned that Arnold said he wanted to ‘break up the big five’—Desperadoes, Phase II, All Stars, Renegades and Exodus,” said Mohammed.
“So on the night of the final someone called and told him we were appearing with more than 100 players. I called him one hour before the start on his cell phone to enquire, and he admitted that he received the call, but said he ‘was not taking on that.’ “Yet, when we went on stage we were delayed for nearly 45 minutes by Pan Trinbago personnel and police who were there to ensure law and order and not to determine the numbers in bands. “Sagicor Exodus was the second in playing position, but the first of the “power” bands. We admitted to the officials that we had 124 players, and we were bullied by them and the Police to reduce the numbers to 100. This was never done before by any past president of Pan Trinbago.
“We complied in order not to further delay the show and in the interest of the paying patrons and a ‘live’ television audience. “At the end of the performance, two members of the then executive of Pan Trinbago rushed to the judges’ enclosure demanding that no marks be scored for us, and we should be disqualified. When the results were announced, the band placed sixth.” Some will be of the view that all the bands were requested thereafter to perform with 100 players and therefore the playing field would have been leveled. Fact is, checks revealed that other bands had the benefit of advance notice, albeit on the same night, but they were not subjected to harassment by Pan Trinbago officials and the police. They also were not seen as having delayed the show by some 45 minutes.
Sagicor Exodus was determined to clear its name and its image of discipline and professionalism, and so employed the services of attorney Elton Prescott, SC. Communication between attorneys began in May 2009, with a view of coming to some amicable settlement and to avoid going to court. After reviewing the facts, Patrick Arnold admitted verbally that the organisation had erred. But before arrangements for settlement were agreed to, he was voted out of office. The new president of Pan Trinbago Keith Diaz, upon assuming office in late 2009 and after hearing the facts, conceded that Pan Trinbago was at fault, and sought an out-of-court settlement of the matter.
In recognition of the fact that Diaz and his new administration were not to be blamed, Sagicor Exodus agreed to settle under the following conditions:
- a public apology worded to its satisfaction in the three daily newspapers;
- pan Trinbago meet all legal costs; and
- acknowledging that damage would have been incurred with respect to “loss of earnings” and “reputational damages.”
Sagicor Exodus had agreed to accept the nominal sum of $1 in settlement.
When pressed for a reason for accepting such a sum after all the effort, time and energy in getting Pan Trinbago’s admission that it was at fault, Mohammed said: “Exodus was born out of principle, and in fairness to the new Pan Trinbago administration led by Keith Diaz, though we needed the money also, we just could not bring ourselves to exploit the situation which was not of their making. “We are also hoping that no steelband will ever be subjected to this kind of treatment and disrespect in the future,” he added.
Replies
These comments on this topic are very interesting.
That Noel Robinson report sounds even more interesting and revealing. Mr. John what was the topic of the Report that cost panmen $85000.00. Can you say?
The Beatles never won a Grammy but they changed the realm of international music. The key to progress in the steelband community as it has always been is "constructive bacchanal".
They were wronged and insulted, they presented there FACTS and rectified the issue in a legal and fair manner.
Boogsie expressed the short-comings of Pantrinbago seen in his community with "Do something for Pan"... people complained that it wasn't tactful, appropriate, etc. but the wake of his outcry spawned attention to the issues that he raises.
And according to reliable sources, all that is written in the song DO SOMETHING FOR PAN is true, what the membership of Pan Trinbago needs to do is ask the TOUGH QUESTIONS that most of the old brigade are afraid to ask, its time for the youth in Pan to get off their butts and challenge the status quo, do not be afraid, you will be surprised at their (PTB EX) responses??? Just ask yourself, if it was not true, why then no lawsuit from Pan Trinbago against the writer of the song? and why the sudden rule change??
The first place to start is to ask for a copy of the report from Mr. Noel Robinson, Industrial Relations Consultant and then you will see the responses from some members of the executive. Remember PTB paid a whole whooping $85,000.00 for this document and it's some where in the office, never distributed. ask for it.
You must also remember is your money that is paying their salaries, and they are well paid people.
Whatever one may think of the dominance of the "Big Five" of the Panorama competition, it is unethical for the organization that represents all steelbands to establish or enforce rules with the specific purpose of breaking them up.
I commend the Exodus Steel Orchestra for being adult and big-hearted over the whole unhappy affair.
Patrick Arnold should publicly apologize to the steelband community and to all the orchestras involved on that night. That was one of lowest moments in the history of pan.
bugs
That and a green donkey you will never see, it's the same thing "Boogsie" has been saying for the past few years, it's the reason for DO SOMETHING FOR PAN some members of Pan Trinbago's executive although they have been there for years will not change from the mismanagement that currently exists. where else would you find an Office Manager reaching to work for 11.30 am in a business environment where work begins at 8.00 a.m. and this has been going on for over 10 years, an accountant that plays games on the computer most of the day. An advisor who is 85 years old, now I do not have any problem with "senior citizens" still working. What new and innovative ideas can he bring to the organisation? Where are the young vibrant, educated people from within the Pan fraternity, are they given the opportunity to serve the organisation?
It is high time that the membership get off their butts and give the youth with the ability the opportunity. Now is not the time for long time BAD JOHNS to run the business of pan.
What you have said Tony is what Patrick Arnold attempted to do, that is change the structure of Pan Trinbago and hire professionals to run the day to day operations, e.g. if an officer wanted to hold on the title of officer, he would have to give up his position in the office. This plan is what caused him to loose the election, as some of the officers who would have been affected by this plan teamed up with Keith Diaz now president to have him removed from office. Imagine Pan Trinbago paid a consultant $85,000.00 to restructure the organisation, this document has never seen the light of day by most band leaders. The people responsible for this distribution never let it leave the office, as they knew their time in management would have ended.
Tony I agree with all you say, however having worked in both private and public industry for the past 40 years I have seen and witnessed first hand just how fragile and easily misguided these bodies can get if they are not staffed by people with the right calibre and honesty. Believe it or not transparency, accountability, checks and balances are the very smoke screens used by the manipulative when they set out to further their own ends. As soon as the questioning ends they get to work to feather their own nests.
In the old days we relied on a person's integrity and honesty to carry out their duties in an impartial manner.
Sadly there are very few standing (who would want to be involved) today.
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