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Thursday 23 May 2019
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Exodus files injunction against Pan Trinbago

FLASHBACK: Exodus members play Superblue’s Rag Storm during preliminary judging for Panorama’s large band category on February 11. PHOTO BY GARY CARDINEZ
FLASHBACK: Exodus members play Superblue’s Rag Storm during preliminary judging for Panorama’s large band category on February 11. PHOTO BY GARY CARDINEZ

Exodus steelband has filed an injunction against Pan Trinbago.

The band’s attorney, Hove and Associates, told Newsday the injunction was filed at about 12.30 pm today.

This comes after Exodus sent a pre-action protocol letter to Pan Trinbago yesterday asking for an all-parties conference to take place between 12 pm on Thursday and 12 pm today.

But Pan Trinbago failed to meet the deadline.

Farai Hove Masaisai told Newsday yesterday that Pan Trinbago’s attorney responded to the pre-action protocol letter in an e-mail at 12.45 pm yesterday. Hove Masaisai said he “had sight” of the letter at 1.30 pm.

But Masaisai said Pan Trinbago responded to Exodus’ letter “too late.”

“We gave them until midday today to respond. Their attorney is Ms Christlyn Moore. She indicated that she could not meet today: she said she could meet on Monday.

"But we are saying that is too late.”

The attorney has asked forthe matter to be treated as urgent, since Panorama finals are set to take place on March 2.

The dispute is over Exodus's decision to change the tune it plans to play in the Panorama finals, from SuperBlue's rag Storm to Kees Diffenthaller's Savannah Grass. Pan Trinbago said that was not permissible. Masaisai said the band began practising Savannah Grass after the semi-final results.

"Any decision that has to be made must be made promptly because “the only prejudice that would happen would be to our clients.

“Even if we meet and we don’t agree, we will still have to go back to court.

“We will let the court decide who is right and who is wrong in this instance.”

The injunction, he said, seeks to stop Pan Trinbago from implementing its new rule.

He said the letter sent to Exodus on February 20 implemented a new rule that no band could perform a new song in the preliminaries, semifinals or finals of Panorama.

He added that before that rule was introduced, there were no rules on changing the song and “therefore we advised our client that they could play whatever song they want, because there is no rule preventing it.”

He said the band only got notice of that rule on February 21 and considers the new rule “unfair, unjust and should not be allowed for this year.”

Masaisai said if Pan Trinbago goes through the proper procedure to implement the new rule, it could be allowed for next year’s competition.

“But to say that you have this new rule, and it is retroactive, we are saying it is not lawful, and we are asking the judge to make a declaration to that effect,” he said.

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