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Black Facts for October 6th

2023 - 5,000 to compete at Scotia Women Against Breast Cancer 5K - Trinidad and Tobago Newsday

2022 - No payout for 2 Tobago men freed of murder charge - Trinidad and Tobago Newsday

TWO Tobago men who were previously successful in their malicious-prosecution lawsuit and were ordered to receive over $.8 million in compensation will not receive a cent, as the Court of Appeal has upheld a challenge by the State.

Instead, Keron Quamina, a snack vendor, and Malco Kent, a craft vendor, who were jointly charged with a 2008 murder, but later got off in the magistrates’ court, will have to pay $23,324 to the State in legal costs.

On Thursday, Justices of Appeal Gregory Smith, Mira Dean-Armorer and Vasheist Kokaram overturned the June 2020 decision of then High Court judge Justice James Aboud, who faulted the police investigation of the November 26, 2008, murder of hardware owner, Billy Caesar. He found “malice” on the part of the charging officer, PC Eastman.

The charges against both men were dismissed in February 2011 at the Scarborough Magistrates Court. According to Aboud’s judgment, the prosecution’s case was based on a written statement of Kirk Thomas, a wanted man who never appeared before the magistrate, but who identified both men as Caesar’s killers.

Thomas had not been interviewed by Eastman and at the appeal, the State argued that Eastman received advice from the then acting Director of Public Prosecutions that there was sufficient information to charge both men, so the judge was “plainly wrong” to conclude that the police acted with malice.

Aboud said a prudent officer ought to have considered further investigations were needed because of Thomas’s “sketchy information.” Aboud said he was of the opinion that Eastman was prompted by improper and indirect motives in charging the two men and had no reasonable and probable cause to do so.

However, the Appeal Court judges said they disagreed with Aboud’s analysis and conclusions.

Kokaram, who delivered an oral summary of their decision, also said the judge was wrong to infer malice on the part of the charging officer. He said even if it was proven at the trial there was a lack of reasonable cause to arrest and charge, malice must be proven.

"The Achilles heel is malice in this case.”

He said the court could find no sinister motive on the part of the police officer to impute wrong.

“The fact that the police sought the advice of the DPP is evidence that would negate evidence of malice.”

He said while the police “acted sloppily” in their investigations, they did not do so maliciously.

"Sloppiness is different from malice,” he said.

He said the only inference that could be drawn from the evidence was that Eastman had properly discharged his duty by approaching the DPP for advice, since it was the practice in TT for the police to lay charges only after instructions from that office.

“There was no proof the officer was acting for some illegitimate or oblique motive in commencing this prosecution…There was no evidence the officer fabricated evidence to take to the DPP.

“Launching a weak case is not enough to say there was no reasonable cause or malice. (Because of) the fact that advice was sought, it would be difficult to

2023 - Newsday freelancer wins BBC/British Council’s radio play contest - Trinidad and Tobago Newsday

Newsday freelance writer and entrepreneur Julien Neaves, 42, has won the 2023 BBC World Service and British Council’s International Radio Playwriting competition in the English as a First Language category.

It’s not his first time entering: in 2018 he was the Caribbean’s regional winner, with Tanty Get Ah Android.

South Korea’s Hyukin Michaela Kwon was the winner in the English as a Second Language category, with Steady Eyes.

This year, Neaves emerged as the competition’s overall winner, telling the story of The Mighty Corbeau.

A press release said the winning entries were also commended for their specific sense of place, vivid characters and universal themes. The judges were particularly impressed by the way The Mighty Corbeau used the medium of audio drama to create an intriguing world and compelling story.

Neaves’ play takes its listeners on the journey of an ageing calypso singer who decides to come out of retirement to finally prove he is better than his award-winning rival of many years. But he is faced with a huge and unforeseen obstacle, a synopsis said.

The three-act play gives a lively and poignant exploration of ageing and mental health, it added.

The story was informed by Neaves's over two-decades-long career as a journalist.

Asked about the inspiration for the play, Neaves said he started working on it in the late 90s (when he began writing plays) and decided to “dust it off” when the call for submissions was made last year.

Initially, the subject of mental health was not addressed in the earlier draft, but he added it as he worked on the play for this year’s submission. This layer of the story was informed by an interview with a young woman years ago who cared for her parents, who had Alzheimer's.

“All the things she went through, the pain and struggle...it is something a lot of people go through in silence. Coming from that reporter side, I said, ‘Let me take some of this story, do some research and ground it in reality and add that layer to the story as well,’” Neaves said in a phone interview.

His journalistic career helped how he creates.

[caption id="attachment_1038759" align="alignnone" width="1024"] Newsday freelance writer and entrepreneur Julien Neaves has won the 2023 BBC World Service andBritish Council’s International Radio Playwriting competition in the English as a First Language category. - ROGER JACOB[/caption]

“As journalists, we are storytellers. We are taking information and processing it and we are observers of people. We are always looking at people, learning their stories.

“Some of the most ordinary people have some of the most extraordinary stories.”

He believes taking time to revisit earlier work helps most writers. Neaves learnt early on as an aspiring writer that nothing was set in stone.

“You can always revisit it, make it better, expand it.”

Neaves added sometimes writers have fantastic ideas but possibly don't have the creative skill at the time to execute them well.

“I would advise anyone, if they have some script they wrote, some sto