Bandleaders get injunction against TTCBA

A HIGH Court judge has granted an injunction to a group of Carnival bandleaders who are in dispute over a requisition for a no-confidence vote on the board of the TT Carnival Bands Association (TTCBA).

On Monday, Justice Ricky Rahim granted the injunction to the group of 17 bandleaders.

He said there was a serious issue to be tried in relation to the actions of the board in refusing to hold a special meeting when there was a quorum.

The bandleaders’ lawsuit stemmed from the handling of a requisition for a no-confidence motion in the TTCBA’s board put forward by the members of the group and six other members of the association.

The members of the group are former TTCBA president Rosalind Gabriel, Joanne Thompson, Rose Marie Sandy, Earlika Thompson, Margaret Bailey, Wendy Ann Hodge, Juness Garcia, Mark Ayen, Tia Marie Sutherland, Kevin George, Lisa Mollineau, Gerard Ramirez, Dean Ackin, Dwayne Nobriga, Solange Govia, Valmiki Maharaj and Simone Medford.

The group says it lost confidence in the ability of the board to manage the organisation’s affairs after Gabriel’s resignation in March.

The group sent its requisition letter calling for an early board election in June, but only received an acknowledgement from the board a month later.

In response, the board told the group the organisation’s acting president, Andrew Alleng, had resigned, leaving the four remaining board members short of a quorum of five to properly handle the requisition.

The board members said they would first host a meeting to rectify the deficiency in the board before addressing the request.

Rahim said the balance was in favour of granting the injunction.

“The claimants allege that irreparable harm will be occasioned unless the injunction is granted. They say that the effect of the actions of the defendant is that it has shut out the lawful will of the membership in a manner that is itself unlawful.

“That the membership will be denied the right to ventilate the plethora of issues surrounding the lack of confidence vote called for. Further, that the actions of the board are being committed in breach of the fiduciary duties owed to the membership,”

In his ruling, Rahim said it was unlikely the injunction will cause hardship to the TTCBA, but will assist the association in doing business.

“The foreseeable hardship is of course the deleterious effect that the inactivity of the defendant will have on the national festival of Carnival at such a late planning stage in circumstances where the input of the defendant is crucial.”

He said the TTCBA’s by-laws provide for the co-opting of two members and the TTCBA gave no reason for failing to do so so that its business can carry on and the special meeting can be called.

Rahim also said it was “regrettable” there was no movement between the parties in response to his urging them to resolve the matter in the interest of the public.

“One would think that all persons involved would recognise that they serve not for personal interest but for the good of the public as a whole.”

As part of his orders, Rahim declared that the notice of a special meeting which was to be held on August 13 is null and void until the lawsuit is determined. He also ordered the co-opting of executive members until the next annual general meeting or until further ordered. The TTCBA was also ordered to give advance notice to its membership for a special meeting in 21 days.

The bandleaders were represented by attorney Raphael Morton Gittens.