RESHMA RAGOONATH

High Court judge Carlton Best has ordered the Telecommunications Authority of T&T to investigate complaints against a radio talk-show host, who allegedly spews racially-denigrating comments against the East Indian community.

Justice Best, presiding in the San Fernando Civil court, made the order yesterday, when TATT and the Global Organisation of People of Indian Origin (Gopio) entered into a consent order.

Gopio yesterday won its legal battle against TATT, after the statutory authority conceded liability in a Judicial Review filed against it by attorneys Kevin Ratiram and Anand Ramlogan.

The review was filed by Gopio, challenging TATT’s failure to address its complaints of political and racial bias at radio station i95.5 fm.

Justice Best also gave the authority 21 days to investigate Gopio’s complaints against the station and to advise the organisation in writing by August 14, of the steps it has taken.

He also declared that the decision by TATT to require an apology from Gopio before addressing the organisation’s complaints against the radio station and its talk-show host, George “Umballa” Joseph, was in breach of its statutory duty to investigate the complaints.

The judge quashed the decision and ordered TATT to pay Gopio’s legal costs for the review.

In the legal action, Gopio president Devant Maharaj had accused TATT of being a “political instrument of the ruling party (PNM), which is attacking and intimidating Indian radio stations.”

He stated that on April 19, 2005, Gopio lodged a formal complaint against i95.5fm (owned by businessman Louis Lee Sing) and Joseph over an advertisement which repeatedly called on Chief Justice Sat Sharma to resign.

Yesterday, at a press conference held at the Freedom House law chambers on Harris Street, San Fernando, Maharaj said the matter was taken up after a number of complaints from Indian radio-show callers who “said they felt harassed and intimidated.”

He described the advertisement, which started during the initial stages of the CJ controversy, as “offensive.”

The advertisements and comments, he said, have worsened.

Maharaj said the organisation was “deeply concerned” about the attitude of statutory bodies when it comes to investigating complaints from Gopio.

The organisation’s president said the statutory authority’s request for an apology from Gopio for the assertion that TATT was a “political tool of the PNM” was “an attempt to humiliate” his organisation.

He also said the complaint was still relevant as the ads have increased, as well as Joseph’s derogatory comments.

Ratiram, Gopio’s legal advisor, said the outcome of the case has “dire consequences” for the country.

TATT, he said, as a statutory body has a responsibility and duty to treat all citizens fairly and are supposed to be a “watchdog.”

“This is not a PNM-UNC issue. It is about a statutory authority abdicating its responsibility to investigate complaints. Clearly there is a bias on the part of TATT,” he said.

“No one appears to be above the law more than PNM supporters and financiers,” said the attorney.

If the radio station is found in breach of the terms of its licence, Ratiram said the ultimate consequence would be suspension of the said licence.

He added that Joseph’s comments are geared towards “inciting racial hatred” and instead of acting swiftly “the TATT took this childish approach.”

Ratiram said that if TATT does not respond within 28 days, Gopio would institute contempt of court proceedings against the statutory authority.

©2005-2006 Trinidad Publishing Company Limited

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