The problems plaguing Trinidad and Tobago are systems problems. Systems thinking is a separate field, evolved from handling complexity and problems that cannot be resolved through simplifying. It looks at variables and connections/interrelationships, and looks at where small iterations or influence can affect meaningful change. Trinidad and Tobago suffers from many such complex problems, but each of those problems are connected to the other so you can see that there are systems nested within systems, or sitting parallel to the systems. Complexity and chaos is the result. It is not helped by corruption, lack of critical thinking and downright stupidity. The last 10 years of political governance is a prime example.
Let us deal with national security. I note that Roger Alexander is already mouthing off. Nothing surprising there. His internal character was on full display during his television programme – a bully, lack of critical thinking skills (and probably qualifications), and resorting to the "brute squad" mentality of the Randolph Burroughs era. It seems he did not learn anything from Gary Griffith. Shutting your mouth and go about your job quietly. I trust that we will soon see police officers wearing and using body cams and full investigations for all these extrajudicial killings.
Firearms users licences – I suppose soon we can load up the "matic" and empty the clip. There is a disturbing shortsighted thinking coming from the newly installed Prime Minister. She seems bent (from her actions so far) in following the failed USA (Ministry of homeland security? Please!). The solution is not more guns, but the opposite. Statistics and real-world examples abound where countries that do not have armed citizens are safer. In fact, many of these countries do not even have armed police. What we need is more effective policing. Over the last 20 years I have written that the purported solve rate of serious crimes is 6%. This itself is a misleading figure because the robustness of evidence presented to the court for a conviction remains at 1% of that 6%. This means that the police are either not trained sufficiently to gather forensic evidence in a robust manner sufficient enough to satisfy the court and rules of evidence, or that the police force remains generally lazy and prone to shortcuts and corruption. The public sphere is inundated with cases of police officers taking bribes to forego prosecution. There is also a notable lack of will to take disciplinary action against police officers by its leadership.
In terms of the economy, the entire countries know that we are in for a hard time. Clearly, the country is bankrupt or nearly so. Billions have gone missing with no explanation. The former minister of finance was an arrogant pompek. There is more than one prima facie case of corruption sitting in his lap. Steps must be taken to diversify income streams, decentralise public services, build/repair the decades-neglected infrastructure, find ways to bring wages to match living costs without further bankrupting the country. Reduce national debt, manage the collection of income tax, and put a curb on imports. A harsh measure, I know, but a temporary solution.
Remove egos from all members of the new government. Accept criticism, chew on it and digest it. It is a sign of maturity and growth to do this. Take on-board that you do not know everything, and members of the public may have solutions also. You are not expected to have all the answers. But you can seek answers from those with the correct expertise. In doing so, do not use it as a means of corrupting the process, by hiring unqualified family and friends.
5 May 2025
A Systems Failure in Trinidad and Tobago
6 Apr 2025
A flawed analysis
Mr Noble Philip's argument [Sunday Express, 6 April 2025] that Israel Khan SC’s protest actions—including the symbolic destruction of a photograph of the Chief Justice—undermine the judiciary is seriously flawed. Rather, his actions should be understood as a legitimate and necessary exercise of constitutional freedoms aimed at restoring public trust through accountability.
1. Khan’s Protest Falls Within Constitutional Freedom of Expression
Section 4(i) of the Constitution of Trinidad and Tobago guarantees:
“freedom of thought and expression.”
This includes symbolic speech and protest. Courts have long recognised the right to express dissent—even when that expression is provocative or discomforting—provided it does not incite violence or hatred. The European Court of Human Rights has consistently held that freedom of expression protects even those views that “offend, shock or disturb” (see Handyside v. United Kingdom (1976) 1 EHRR 737).
Khan’s symbolic act—destroying a photograph—may be uncomfortable to some, but it remains within the scope of protected political and symbolic expression. It does not amount to criminal conduct, nor does it legally amount to contempt or defamation absent malicious falsehoods.
2. It Is Illogical to Blame Khan for Damage to the Judiciary
The assertion that Khan has “deflated the institution of the Chief Justice” misunderstands the root cause of public mistrust. The integrity of the judiciary is not damaged by protest or critique, but by allegations of misconduct that remain uninvestigated, such as:
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The controversial role of the CJ in the Marcia Ayers-Caesar fiasco;
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Allegations of improper influence regarding Housing Development Corporation (HDC) allocations;
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The CJ’s association with convicted fraudsters, which has been reported but not publicly refuted or transparently investigated.
To suggest that a protester is the cause of institutional decline is to confuse diagnosis with disease. As the JCPC held in Archie v Law Association of Trinidad and Tobago [2020] UKPC 23, public allegations against a Chief Justice can undermine the judiciary, and these concerns are legitimate if raised responsibly.
Khan’s long-term protest is rooted in legitimate concerns. His method may be dramatic, but it is designed to highlight inaction, not to erode the rule of law.
3. Criticism of the CJ Is Not an Attack on the Institution
The argument falsely equates the person of the CJ with the institution of the Chief Justice. But they are distinct. The office must be respected—but so too must its occupant be held to account. As Lord Bingham stated in Sharma v DPP [2006] UKPC 57 at [27], where there is a “potentially credible report of serious misconduct,” the Prime Minister must act.
Respecting the institution requires investigation, not silence. Accountability strengthens public confidence, not weakens it. It is the failure to investigate or to initiate Section 137 proceedings that has left the institution in disrepute, not the protest of one SC.
4. Conflating Symbolism With Legal Wrongdoing Is Misleading
To argue that Khan’s actions are somehow defamatory without evidence or a legal finding is irresponsible. Trinidad and Tobago’s defamation laws require publication of false statements that harm reputation. Symbolically burning a photograph is not defamation unless it is accompanied by false statements of fact. No evidence has been produced to show this threshold has been met.
Furthermore, there has been no legal action by the CJ or the Law Association against Mr Khan. Silence in response to a supposed defamation claim may suggest that the allegations are either:
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True (truth is an absolute defence), or
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Not legally actionable.
5. Protest Serves a Democratic Function
Protest, especially by legal professionals, serves a vital democratic role. Mr Khan, as Senior Counsel, has a professional and ethical obligation to act in the public interest and uphold the rule of law. The Judiciary’s legitimacy depends on public confidence, and public confidence can only be restored by truth-seeking mechanisms, not enforced silence.
As Baroness Hale once noted:
“Judges are not above criticism. A healthy democracy must allow for the questioning of judicial conduct, particularly when trust is in doubt.”
(Lecture on Judicial Independence, 2018)
6. Where Are the Other Voices? That Is Precisely the Problem
The original author laments the lack of “more voices being raised.” But this is not an argument against Mr Khan’s protest. Rather, it underscores how essential his protest has been—precisely because others have remained silent. Silence in the face of alleged misconduct is not neutrality; it is complicity.
Khan’s lone stance since 2017 is not an embarrassment to the Bar—it is an indictment of its inertia.
Conclusion: Khan’s Protest Is Justified and Constitutionally Protected
Rather than undermining the judiciary, Mr Khan SC is acting to restore public trust by drawing attention to the fact that serious allegations have gone unaddressed.
The failure to trigger section 137 of the Constitution is a constitutional breach by the Executive. Mr Khan’s protest may be unconventional, but it has forced a necessary public reckoning. The symbolic act—burning a photograph—is not unlawful, defamatory, nor institutionally corrosive in law. What corrodes public trust is impunity, not protest.
7 Apr 2023
Pornography and violent movies are root causes of crime
I was bemused at Fitzgerald Hind’s publicly expressed opinion that pornography and violent movies are root causes of crime. Granted, in the same vein that he expressed this opinion, he also stated that “I am no sociologist, I am not criminologist [sic] but I am almost certain that they are.” [Daily Express 2/4/23, https://tinyurl.com/5c2aha3u].
I thought such outdated thinking was debunked many moons ago, but here comes our National Security Minister, arguing from authority and emotional thinking, simultaneously making two well-known critical thinking errors in one statement.
To quote from the article, “Responding to Hosein’s comments, Hinds expressed doubt about crime being linked to poverty and unemployment.
“The jury for me is out on that.”
He seems to have been asleep before, during and after the jury delivered on the social determinants of crime.
Might I suggest to the goodly minister that he investigate and make ample use of ChatGPT, a well-known open-source Artificial Intelligence (AI) which provides answers more rooted in reality. ChatGPT, when asked the question, “what are the main social determinants of crime?”, gave the answer below:
“Social determinants of crime are complex and interconnected factors that influence the likelihood of individuals engaging in criminal behaviour. These factors are rooted in social, economic, and environmental conditions. Some of the main social determinants of crime include:
1. Poverty: Poverty can lead to feelings of desperation, frustration, and hopelessness, which can contribute to criminal activity as people search for ways to meet their basic needs or escape their circumstances.
2. Education: Lower levels of education are associated with a higher likelihood of criminal involvement. Lack of education can limit job opportunities and social mobility, leading to increased vulnerability to criminal activities.
3. Family structure: Dysfunctional or unstable family environments can contribute to the development of antisocial behaviour and delinquency, especially when there is a lack of proper supervision, positive role models, or emotional support.
4. Peer influence: The influence of peers, particularly those involved in criminal activities, can increase the likelihood of an individual participating in crime. Peer pressure and the desire to fit in or gain social status can contribute to criminal behaviour.
5. Unemployment: High unemployment rates can lead to financial insecurity, social dislocation, and frustration, all of which can contribute to criminal behaviour.
6. Social disorganization: Communities with high levels of social disorganization, such as those characterized by residential instability, weak social networks, and limited community resources, often experience higher crime rates.
7. Substance abuse: Alcohol and drug abuse can impair judgment, exacerbate existing mental health issues, and contribute to criminal behaviour, both directly (e.g., drug-related offenses) and indirectly (e.g., property crimes to support a drug habit).
8. Inequality and social exclusion: Significant income disparities and social exclusion can lead to feelings of resentment, marginalization, and anger, which may contribute to criminal behaviour.
9. Cultural factors: Cultural values and norms that condone or even encourage criminal behaviour can contribute to crime. For example, some subcultures may view certain criminal acts as acceptable or even prestigious.
10. Mental health: Mental health issues, such as depression, anxiety, or personality disorders, can increase the risk of criminal behaviour, particularly when left untreated or combined with other risk factors.
It is important to note that these factors are not mutually exclusive, and multiple determinants may interact to influence an individual's likelihood of engaging in criminal behaviour. Addressing these social determinants is critical to reducing crime rates and promoting public safety.”
ChatGPT even provided references for the link between crime and poverty:
“How strongly is poverty associated with crime levels and give me some good references, please.”
“The association between poverty and crime levels is well-established, though the strength of the relationship can vary depending on various factors, including location, type of crime, and the specific measures used to assess poverty. Research indicates that people living in poverty are more likely to be both victims and perpetrators of crime, particularly property and violent crimes.
Here are some references that can provide more insight into the relationship between poverty and crime:
2. Sampson, R. J., & Wilson, W. J. (1995). Toward a Theory of Race, Crime, and Urban Inequality. In J. Hagan & R. D. Peterson (Eds.), Crime and Inequality (pp. 37-54). Stanford, CA: Stanford University Press.
3. Fajnzylber, P., Lederman, D., & Loayza, N. (2002). Inequality and Violent Crime. The Journal of Law and Economics, 45(1), 1-39. URL: https://www.journals.uchicago.edu/doi/10.1086/338347
4. Sharkey, P. (2009). Neighborhoods and the Black-White Mobility Gap. Economic Mobility Project, The Pew Charitable Trusts. URL: https://www.pewtrusts.org/en/research-and-analysis/reports/0001/01/01/neighborhoods-and-the-blackwhite-mobility-gap
5. Chiricos, T. G. (1987). Rates of Crime and Unemployment: An Analysis of Aggregate Research Evidence. Social Problems, 34(2), 187-212. URL: https://www.jstor.org/stable/800558”
Mr Hinds seems out of his depth in thinking at a higher level beyond the Nicki Minaj approach to serious issues. I can only hold my head in despair at what further depths the country’s crime situation will plummet over the next few years.
14 Oct 2022
A recipe for anarchy
I am astounded the Dr Varma Deyalsingh, and others, are calling on the government to arm citizens. What a colossally stupid idea!
As a doctor, Deyalsingh may be touted to be in the top 10 percentile of intelligent people in the country; but his statement indicates this may be a fallacious perception. It is also not the first time he has spewed words in public without the benefit of sober thought.
Evidence shows, and any simple comparison of countries with higher access to guns and those without easy access to guns, that countries such as the USA where citizens are easily armed have higher gun related crimes and deaths than those counties without access to arms. Factually, the incidents with the highest death tolls in the USA are committed by American White homegrown terrorists with access to guns.
While typing this, I am reading about an incident in the USA where two drivers shot each other’s daughters – ages 5 and 14 – not each other! Had they been unarmed this would have never happened. [https://tinyurl.com/2p9b6fee]. Incidentally, yes, they were both white Americans.
Trinidad and Tobago citizens are prone to the same human weaknesses that affect us all. Hence, allowing access to guns is another link in a chain to anarchy. Resorting to using a gun over petty squabbles will soon be a ‘norm’.
Just looked at what happened in the case of an off-duty police officer who shot a man over a parking space. Yes, his story changed, the police are supporting one of their own but the video evidence, which I have seen, does not support his version of the story.
Frankly, it will serve the country better to have a more effective, intelligence driven and better trained, police service.
21 Feb 2021
Israel Khan's Doubliethink
Israel Khan SC has been out in front recently calling for the death penalty to be implemented. Unfortunately, the learned gent has missed some fundamental issues. He has erred in his logic and his knowledge base needs updating. He digs in like an Alabama tick on his position of 28 years ago – indicating to me, that in nearly 3 decades his thinking has remained stagnant, in spite of gaining Senior Counsel (SC) status through years of legal experience.
What Mr Khan is suggesting– opposing Blackstone’s ratio – is that 999 people should be hanged, together with the 1 guilty person! (see statistics below). He is pandering to those emotionally charged and intellectually void for popularity votes/approval.
Catching the criminals.
Mr Khan must know of the hundreds of people missing and presumed dead in T&T. Those are counted by the population as homicides. No perpetrators have been found. The hangman’s noose swings empty and idle. And that is at the heart of Mr Khan’s mistake and he actually recognises part of the problem. He said “…Vicious, wicked, evil and deliberate murderers should be executed while others outside this category, if found guilty, should receive a term of imprisonment up to life.”
The magic words are ‘if found guilty’. Mr Khan must know that in the finding of guilt, the criminal justice system must first find a person to prosecute and then be robust enough to navigate all technicalities in law, to deliver justice. The death penalty has to be finalised within 5 years. So says the Privy Council - the highest court for T&T.
Statistics
Success rates of detection currently lie below 6% according to the US’ CIA. Prosecution success, based upon well-known court statistics, is 1% of that 6%… In other words, 0.06%. To put it bluntly, TTPS’ ability to find evidence that actually stands up to vigorous scrutiny in a court of law is less than 0.1% of the crimes that are actually perpetrated on the public– all of this is floating in the public domain for years. Less than 1 in 1000!
Let that sink in!
Now, think about it some more.
No… You still have not thought about it enough.
Really concentrate on what those figures mean for the public and the citizens of Trinidad and Tobago – not the politicians; they have armed police escorts complete with blue lights and siren.
Mr Khan’s factual knowledge
Mr Khan very well knows of the hackneyed and insipid ability of the police in bringing cases to prosecution and getting the job done properly. He and his son Daniel Khan (former Inspector of Prisons), are aware of the woeful performance of the justice system which has hundreds of people on remand in prison awaiting trials, for donkey’s years (10 to 15 years seem normal by public account).
By contrast, another member of his Chambers, Mrs Ula Nathai-Lutchman had been out in front talking Human Rights for prisoners. She won a whole string of cases at the Appeal Court, which showed up flaws in the justice system. This is also in the public domain. Mr Khan knows about all that.
Failure of logic
Mr Khan submits that for an innocent man, “…It is better that he be executed than to incarcerate him for life; for that man knowing he is innocent would live a life of misery and may even wish that he were dead.” - and in the next breath, Khan states, “under our criminal justice system, it is one hundred times greater than a guilty person could be acquitted than an innocent person be convicted for murder.” The latter is a false comparison, devoid of the applications of the logic and must be confined to what is known as doublethink.
I am bewildered how Mr Khan recognises that the system might fail and a few innocents get their necks popped, but that is a price society must be willing to pay. This has been refuted by better legal minds (William Blackstone being the most famous) than him over the few centuries that the legal system has been developed (see below).
Relics of the past
Mr Khan relies on the thinking of Dr Wolf Middendorff, a criminologist of influence back in the 1970s, as some authoritative reference. Mr Khan’s quote of Middendorf is from a contribution in the book “Punishment for and Against” by H. B. Acton, last published in 1971. The book is a historical relic which would set you back around USD$ 500 for a hardcover copy - not because of true value but because it is simply a collector’s item.
Mr Khan creates the appearance of himself being tied into reputable sources from a bygone era. Khan would do well to pull himself into the 21st Century, where there are other reputable research results and opinions. The philosophy of law and legal concepts about punishment, have been baked into more balanced thinking, from 1971 to now, through endless test cases in international law and balanced applications of mature modern legal principles.
Is he afflicted by toxins in the blood affecting his thinking? Mr Khan needs to demonstrate the “enlightened leadership” he calls for.
