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Extradition hearing for robbery suspects caught in St Vincent

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by Linda Straker

  • Two suspects believed to be associated with GUT Credit Union robbery in Carriacou arrested in St Vincent
  • Extradition hearing will determine their return to Grenada
  • Two other Vincentian nationals deported from Grenada

Christopher Nelson, Director of Public Prosecutions has confirmed that the two suspects arrested in St Vincent and the Grenadines who are believed to be associated with the Grenada Union of Teachers (GUT) Credit Union robbery in Carriacou, are presently imprisoned in their homeland and an extradition hearing will determine their return to Grenada.

“I can confirm that the two are on remand in St Vincent and an extradition hearing is scheduled to be heard in the magistrate court there. Grenada is seeking the return of the two,” said Nelson.

He explained that an extradition hearing can last for a short or long period. “So, we cannot say when they will return but our argument is for the suspect to face trial in Grenada,” he said. Once the magistrate agrees with the arguments from Grenada, the two will be deported and handed over to law enforcement authorities in Grenada.

The men were arrested in St Vincent and the Grenadines last week Friday and investigators from Grenada arrived in St Vincent within hours to assist with identifying the men as the investigation continues.

Police in Grenada had issued a wanted bulletin showing the face of the men and had notified regional and international law enforcement agencies of their alleged crime. The robbery occurred on 11 October 2019.

Grenada police have already charged the driver of the getaway vehicle with conspiracy and he is presently on bail.

In the meantime, two Vincentian nationals were deported from Grenada. Kamara Lampkin, who was nabbed during a drug operation on 21 October, has been ordered deported from Grenada to face murder-related charges in his homeland. Lampkin, 39 years, who also entered Grenada illegally, departed the State on Thursday 30 October 2019 under police escort.

Police say that the drug charges against Lampkin were discontinued after the Royal Grenada Police Force was informed by the Royal St Vincent and the Grenadines Police Force about an active murder investigation in which he is a suspect.

The other Vincentian is Xavique Williams who was also deported on 30 October 2019. Williams was arrested during a joint operation on 26 September 2019 by the Financial Investigation Unit and Drug Squad.

Police say that he was charged with four counts of Money Laundering and appeared at the Sauteurs Magistrate’s Court on 2 October 2019, where he pleaded guilty to two of the counts, was reprimanded on another count and acquitted on the other.

Williams was fined $2,500 on each count he pleaded and had to pay the fine within one week. The fine was paid on 28 October. He also forfeited $4,500 to the State.

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Caribbean & World

Sale of Grenada Pre-Columbian pottery fragments on eBay sparks outrage

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by Curlan Campbell, NOW Grenada

  • Pre-Columbian Polychrome pottery fragments on the e-commerce website eBay
  • Excavated from Pearls in St Andrew, is currently listed for sale as low as US$40

Archeologist, Dr Jonathan Hanna, became concerned after spotting the sale of Pre-Columbian Polychrome pottery fragments on the e-commerce website eBay this past week. The pottery fragment dated around 300-600 CE, was said to be excavated from the old Pearls airport located in St Andrew, and is currently listed for sale on eBay for as low as US$40.

Dr Hanna, who constantly monitors these auction sites, said this illegal action is quite common, however he was concerned since this was the first time he has seen artefacts being sold on eBay that was said to be from Grenada. Upon making the observation, he immediately took to social media to solicit the assistance of concerned Grenadians to report these sellers to eBay.

“This is the first time I caught something that was explicitly mentioned as from Grenada (often, it’s not clear what island the artefacts come from). This one was very likely found at Pearls (as the listing says), given it matches the unique abundance of such adornos found there,” Hanna said.

Ebay provides for the reporting of such illicit activity among other concerns that arise when making purchases using the platform, however there are those who believe that the system is not robust and does not allow for the reporting of all violations.

Hanna continued, “I monitor eBay for various terms related to pre-Columbian artefacts in the Caribbean. I’ve been seeing more stuff lately on Etsy than eBay, unfortunately, and I’m probably missing a lot. But these are just the tip of the iceberg, since there are more things being sold on private auction sites.”

Dr Hanna pointed out that the seller deliberately tried to falsify the date as to when these artefacts were excavated in an attempt to mislead potential buyers into thinking it was discovered prior to the 1970 UNESCO convention which was created to prevent the illicit trade of cultural artefacts. “It’s almost certainly not from the excavations in the 1960s. That is a lie intended to place its theft before the 1970 UNESCO convention. Collectors always do this, trying to grandfather their recent purchases into some excusable past innocence,” he said.

Under the 1990 Heritage Protection Act, the Government of Grenada established as a protected area for Amerindian artefacts. This was later repealed by the National Museum Act (No. 12 of 2017) which covers all archaeological sites on the island and Heritage imposes a $10,000 fine for selling Grenada’s antiquities.

Grenada is also a signatory to the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transport of Ownership of Cultural Property, the 1972 UNESCO World Heritage Convention, the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects and the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage.

Concerned citizens in Grenada are being asked to report the sale of Pre-Columbian Polychrome pottery fragments on eBay and any other e-commerce sites.

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Statement from CAIPO Deputy Registrar at compliance symposium

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Speech delivered by Jodie-Anne Johnson, Deputy Registrar, Corporate Affairs and Intellectual Property Office (CAIPO) at the compliance symposium hosted by the Financial Intelligence Unit (FIU), the Anti Money Laundering and Combating Counter-Terrorism Financing (AML/CTF) Commission, and the Corporate Affairs and Intellectual Property Office (CAIPO) held on 19 February 2020.

A non-profit organisation is a type of company that has no share capital. They are tax-exempt or charitable, meaning they do not pay tax on the money they receive for their organisation.

Pursuant to the Companies Act No. 35 of 1994 now contained in the Continuous Revised Edition of the Laws of Grenada, 2010, Cap 58A no individual who is 18 years of age; is of unsound mind and has been found so by a tribunal in Grenada or elsewhere; and has the status of a bankrupt shall form or join the formation of non-profit company.

The Companies (Amendment) Regulations SRO No. 36 of 2014, allows for an attorney-at-law to swear a declaration on beh3alf of his client declaring that no signatory to the articles is an individual recently described when submitting the articles for incorporation.

It is a requirement under the Companies Act Cap 58A, that prior to registration at the Corporate Affairs and Intellectual Property Office (CAIPO), the Articles of Incorporation must be approved by the Attorney General Chambers. The fee to register a non-profit company at CAIPO is $100.

In order to qualify for approval at the Attorney General Chambers, a non-profit company shall restrict its business to one that is either patriotic, religious, philanthropic, charitable, educational, scientific, literary, historical, artistic, social, professional, fraternal, sporting or athletic nature.

The word Incorporation or Corporation or the abbreviations “Inc” or “Corp” shall be the last word of the name of every non-profit company and that every non-profit company must first reserve its name, by filing a Name Search and Reservation Form at CAIPO before sending the articles to the Attorney General Chambers. A name can only be reserved for 90 days. The fee for the Name Search and Reservation Form is $10.

Every Article of Incorporation, pursuant to section 329 of the Companies Act shall state (a) the restrictions that the company is to carry on, (b) that the company has no share capital and is to be carried without pecuniary gain and that profits or other accretion shall be used in furthering its business, (c) if the business of social nature, the address in full of the clubhouse or similar building and (d) that each first director becomes a member upon its incorporation.

Once incorporated, every non-profit company must file its by-laws at CAIPO and every Articles of Incorporation shall not be contrary to its by-laws. By-laws are rules established by an organisation to regulate itself. By-laws are also necessary when opening an account in any financial institution.

In accordance with the Companies (Amendment) Act No. 23 of 2014, it is mandatory that the Articles of Incorporation of a Non-Profit Company, include information on the beneficial ownership of the company. Beneficial ownership refers to the natural person or legal person who has the direct control over the company. If such information is not included in the articles, then the application together with such articles will not be approved by the Attorney General Chambers.

Every non-profit organisation upon incorporation shall have no fewer than three (3) Directors and at the time of sending the Articles of the Company for registration, a Notice with the names of the Directors together with a Notice of Address of the Registered Office shall be filed with CAIPO.

Where there is a change after incorporation in the composition of the Directors or in the particulars of the non-profit company, that company must within 15 days of the date of the change, file with the Registrar, a notice that contains the particulars of the change. Any non-profit company in default of this requirement is liable to a penalty of $550.

It is provided in the Companies (Amendment) Act No. 23 of 2014, that a non-profit company must within 15 days after its annual meeting, send to the Registrar, a copy of its annual financial statement showing (a) the assets and liabilities of the company in form of a balance sheet (b) the revenue and expenditure of the company since date of incorporation or the date of its previous financial statement.

Such Annual Financial Statement must be accompanied by a financial report of the auditor of the company and approved by the Directors of the Company and such approval must be evidenced by the signature of at least two directors. A person in respect of a non-profit company who fails to transmit to the Registrar any financial statement as required is guilty of an offence and is liable to a fine of $5,000 or imprisonment for 6 months or both or to a further fine of $500 for every day or part thereof that the offence continues after a conviction is first obtained.

A non-profit company must also file, no later than the first day of April in each year after its incorporation, Annual Returns. In default, the Registrar may strike off that company of the Register. An Annual Return is a document which contains details of the company’s directors, secretaries, and registered office address.

These requirements are also necessary when requesting a Certificate of Good Standing. A certificate of good standing is a document that says your company is legally registered with CAIPO and under the Laws of Grenada. The document is proof that you are authorised to do business and that you have followed all the requirements in law, like submitting required documents and paying fees.

Where the Registrar has reasonable cause to believe that a non-profit organisation is not carrying on business or in operation, a letter to the effect will be sent by post to the organisation, inquiring whether that Company carrying on business or in operation. If no answer is received within one month of sending the letter, 14 days after the expiration of the month, another letter will be issued stating that no answer has been received. If no answer is received to the second letter within one month thereof, a notice will be published in the Gazette with a view to striking the name of the company off the register.

CAIPO

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Prime Minister to oversee Caricom technical committee negotiating elimination of roaming rates

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Prime Minister, Dr the Right Honourable Keith Mitchell, will have technical oversight of a Caricom Technical Committee that will conduct negotiations to eliminate roaming rates in the region.

This decision was among those taken at the just concluded 31st Inter-Sessional Meeting of the Conference of Heads of Government of the Caribbean Community, which was attended by Dr Mitchell and Minister for Trade, Industry, Cooperatives and Caricom Affairs, Honourable Oliver Joseph.

In the communique issued at the conclusion of the meeting, Caricom Heads identified the removal of roaming rates in the Caribbean as one of the key components of efforts being made toward digital transformation and building technological resilience.

According to the communique, “Heads of Government welcomed the efforts of the Rt Hon. Dr Keith Mitchell, Lead Head of Government for Science and Technology who along with Colleague Heads, are advocating for the telecommunications operators to institute a modest fixed single Caricom roaming rate for Caricom nationals. The rate would include local and regional voice calls, data and over time will include more services.”

The removal of roaming rates is regarded as a priority intervention for 2020.

In Grenada’s presentation to the meeting on the subject, the Prime Minister called for unity and the unwavering support of all Caricom leaders in the negotiations with telecommunications providers to remove roaming charges. He noted that “historically, telecoms provision has been used as a subtle tool to attempt to divide the region and we must guard against this, in this round of negotiations.”

Dr Mitchell cited critical information gaps that must be addressed, even before the start of negotiations and he called on fellow Heads of Government to work with their Ministers of ICT and national regulators, to provide any available information as soon as possible and to support the actions of the negotiations team.

The basis for the negotiations will be founded in the development of the Caricom Single ICT Space, which in turn, is at the core of building technological resilience in the region.

The Grenadian leader told fellow Caribbean leaders attending the meeting that, “while the removal of roaming rates is a lynchpin for our digital hopes for transformation of the region — digital transformation is multi-dimensional and therefore, while we have identified removal of roaming and zero-rating government websites — there are many other strands which must be addressed and which will help to improve our negotiation posture and which must be very visible to the watching world.”

Dr Mitchell highlighted the fact that digital transformation starts with digital leadership which will, in turn, facilitate greater awareness among Caribbean nationals. He said, “We have to start talking about digital transformation in our meetings and it should be present in our various utterances to our citizens. Our citizens must be aware of our regional digital transformation goals and how they are given life by what we say and more importantly do, nationally.”

Office of the Prime Minister

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