Judge: Exodus has no advantage

EXODUS Steelband gains no advantage by changing its tune from Austin “Superblue” Lyons’ Rag Storm to Kees Dieffenthaller’s Savannah Grass as it moves from the semifinals on to Saturday’s finals of Panorama, said Justice Kevin Ramcharan. The High Court judge ruled for Exodus and Ainsworth Mohammed as claimants (represented by Elton Prescott SC and three others) against Pan Trinbago as defendant (represented by Christlyn Moore) last Friday night.

Arguing that precedent had occurred in 1964, 1973 and 1983, Exodus told Pan Trinbago last Tuesday (February 19) it wished to change its tune, but the next day Pan Trinbago’s executive committee met and decided no band could change the tune it had played for the preliminaries and semifinals. The band was notified last Thursday but filed an injunction the next day at 12.30 pm. The judge sat at 5 pm and gave his ruling at 9 pm on Friday.

Ramcharan said Pan Trinbago had a perceived notion that other bands would object to letting Exodus change its song, but had stated no basis for this fear. “They did not cite any band contacting it to express their resistance to the move,” Ramcharan said. “If this was such a concern for the Defendant, surely they could have sought to quickly canvass the other bands.”

He said the only entity affected by Pan Trinbago’s decision was Exodus.

“They could not possibly derive any advantage by changing their tune of choice ten days before the finals. It does not affect the other bands who are no doubt assiduously perfecting their renditions of their tunes for the finals, and no band will be deprived of the opportunity to perform.”

Ramcharan said a majority of bands have no objection to Exodus’ change. While Pan Trinbago may change its rules for 2020, Exodus ought to be allowed to change their tune now. He awarded the claimants an injunction stopping Pan Trinbago implementing its new rule formulated on February 20, and awarded the claimants their legal costs for one senior and one junior attorney.

Pan Trinbago president Beverley Ramsey-Moore said the organisation will not appeal the ruling.

The legal action came after Pan Trinbago had failed to respond promptly to a Exodus’ pre-action protocol letter sent on Thursday seeking an all-parties conference before 12 noon on Friday.