Luta: Battle over TUCO presidency not finished

Calypsonian Morel “Luta” Peters says it’s not over with respect to a high court judge striking out a lawsuit he brought over the Trinbago Unified Calypsonian’s Organisation’s (TUCO) failure to hold a by-election after the death of its president.

Lutalo “Brother Resistance” Masimba died last year. TUCO's vice president at the time, Ainsley King, then became president.

Peters, a two-time Calypso Monarch, argued that a by-election for a new president should have been held.

In a phone interview, he said the outcome of the case was due to a “procedural glitch.”

“The judge did the right thing. Because if he had continued and we went on to deal with the substantive matter and he found that TUCO was in the wrong, they would have legitimate grounds for an appeal.

“That was the grounds on which the court disallowed the claim. But the matter was not tried. It is not yet over. That is all I will say for now,” Peters said.

He added it is only going to be over when the court decides whether TUCO was right or wrong to take the course of action it did.

Asked if he was going to file another suit, Peters said he was not saying that, but simply saying the matter “is not yet concluded.

“There is still another round to go,” he said.

TUCO claimed victory in a release on Friday. It said it had successfully defended the legal challenge to the legitimacy of its president.

On Thursday, Ramcharan ruled in favour of TUCO’s application to have the lawsuit struck out at the preliminary stage, while also dismissing Peters's application for relief from sanctions for failing to abide by the court’s directions.

“TUCO’s attorneys Umesh Maharah and Nerisa Bala filed the application in April, arguing Peters failed to plead an essential element of his case related to his membership in the organisation.

“Ramcharan had given the veteran calypsonian an opportunity to rectify the issue,” Newsday reported.

It added that Peters was warned if he failed to meet the deadline to make the amendment, Ramcharan would determine TUCO’s application to strike out the case.

TUCO’s release said had it been successful, previous decisions that dealt with the “administration of Carnival as well as the rights and privileges of calypsonians would have been liable to be set aside.”

It added that this would have “disastrous consequences to many.”

The organisation said it acted to defend the rights of its members and enforce its constitution.

The release said it was a landmark victory for the organisation and its members and it pledged to continue to represent its members and the greater public interest.