Nope, it’s true.
So you thought that the Panorama Drama ended on February 22nd when Justice Kevin Ramcharan granted an injunction that cleared the way for Exodus to change their tune of choice for the Finals of the 2019 Panorama competition, from Rag Storm to Savannah Grass?
Clearly, it was more than simply a change of song or a challenge of the rules.
Fact: Exodus Steelband and Ainsworth Mohammed, by choice, are now seeking more money from Pan Trinbago. And that’s beyond paying the cost of attorneys as the steelband body was instructed to do by the judge.
“I am surprised that it has come up, again,” Mohammed said. One is therefore left to wonder if the attorneys acted without his consent.
That was one day after the March 25th deadline when, if it intended to appeal the decision of Justice Ramcharan, Pan Trinbago could have filed a defence.
Accepting the judge’s decision and with a promise that the rules of Panorama- which was at the heart of the High Court matter- would be settled by the membership before the next competition, Pan Trinbago bowed out hoping that it would die a natural death.
Now the plain truth is that Exodus and Ainsworth, in black and white and in print will be seeking “further reliefs deemed just and expedient in the circumstances,” as instructing attorney Antonya Pierre stated in her affidavit, also dated March 26th because Pan Trinbago failed to file a defence.
And, on May 17th, 2019, in Courtroom POS 20 @ 10 45 AM at the High Court of Justice in Port of Spain, the application for a default judgment will be heard before Madame Justice Margaret Mohammed.
That’s when we will know what “damages” were suffered by the band (which placed last in the Panorama finals) and what, in terms of compensation it will be asking for.
And that, folks, is the makings of a landmark, unprecedented, court matter involving a steel band. Read on to get a better understanding of how it has reached to this stage. If you can figure what they're fighting for.
Ainsworth's Contradictions
For starters, Exodus Steelband and Ainsworth Mohammed were represented in court by a high powered team of attorneys: Mr. Elton Prescott SC, Mr. Farai Hove Massasai, Mr. Issa Jones instructed by Ms. Antonya Pierre. That would chalk up a high bill. Justice Ramcharan was, however, merciful and ordered Pan Trinbago to pay the costs for one Senior and one Junior attorney.
Pan Trinbago’s newly elected executive, having barely crossed 90 days in office after inheriting a bankrupt organization, could only muster a pro bono effort.
President Beverley Ramsey Moore went after her cousin attorney Christlyn Moore for help.
Come hell or high water, Exodus Steelband and Ainsworth Mohammed (Claimants) would have to pay the costs of the remaining two of the four attorneys listed in the action.
At 6 01PM on April 9th, after publishing a teaser on Facebook, only, that Exodus Takes Pan Trinbago to Court again, I received a call from Mr Mohammed. This is what he said.
“The steel band has nothing to do with it, love. That is the attorneys' business.
"The Judge has handed down a judgment that they made the cost of it and the cost he has reduced it for them. and that is it. That’s it, the steel band has nothing to do with it.
“I don't have the details between the attorneys. “I just don't want a post as though that we are being antagonistic- that’s all that I want to make sure that does not come across.
“That thing between the attorneys has been decided already. I am surprised that this came up again.
“It was decided for senior and a junior and that is the final decision.
“None of the attorneys can go against that, you with me. That has already been agreed.”
“None of the attorneys can go against that, you with me. That has already been agreed.”
War declared.. via WhatsApp
With the documents in hand, I still wondered why Mohammed's attorneys are seeking relief, or damages as we know it? Even if he did not know about it.
And then a flood of WhatsApp messages was sent to me, the thread showed the support which Ainsworth sought from his colleagues in what is loosely described as the Large Band Caucus back in February when he took Pan Trinbago to court.
It was a chat group that included the members of the seven finalists in the 2019 Panorama who all agreed that Exodus had the right to change its tune of choice 10 days before the finals.
They included Massey All-Stars, Champions Bp Renegades, Desperadoes, Skiffle, Supernovas Fonclaire and Birdsong.
Only five of the seven were actually in the Finals. Not Foncliare nor Birdsong.
However, the two bands, Silver Stars and Tropical Angel Harps, that were also playing Rag Storm, the original tune of Choice which Exodus wanted to change, did not engage in the WhatsApp conversation, based on the messages that popped into my inbox.
Was it a threat? A joke?
Naturally, you would want to ask whether he is, in the matter that comes up on May 17th in which he and the band are seeking relief, following up on those stated intentions?
The large band caucus, by and large, was engaged, as Ainsworth updated them on the matter and also left it up to them to “determine whether you collectively wish to make representation.”
WhatsApp messages made their way into the court and helped in the final determination by the judges who noted that the “majority of the bands in the finals have no objections to the First Claimant (Exodus Steelband) being allowed to change their tune.”
But the tone of the messages quoted above and the follow-up action, filed on March 26th, fly in the face of Ainsworth’s most recent comments which I have transcribed and written above. Almost as if the highly respected Manager of the Exodus Steelband will turn a Rag Storm into a Desert Storm.
The large band caucus having the best real estate and resources at its disposal has not generated a single idea for a movement forward.
Even in the darkest days of Pan Trinbago, immediately preceding the October 2018 elections for a new executive, Mohammed did not stir as much as when he activated the caucus to come to his defence in February 2019.
Numerous groundbreaking ideas have been floated in the caucus. And with the execution of the Big Five concerts, few seem to have borne fruit.
Breakdown of the bacchanal..
..for a panist to understand
Taking into consideration the legal action pending, a local attorney, who wished to remain anonymous broke it down into layman’s terms to show that indeed, Exodus and Mohammed are going after the money.
‘It’s simple. They have asked for a date for their damages to be assessed which means they are claiming that they suffered some damages and they want the court to quantify that.
"Ordinarily, when you start an action you start an action by Claim Form and Statements of Case and it progresses normally.
“When you have an urgent release, for example, I want my band to play tonight or I want you to stop breaking down my house, an urgent release, you go by Claim Form and Statement of Claim but you file a third thing which is your Injunction.
"In the case of I want my band to play or I want to stop the band from playing when the Injunction is heard you have gotten what you want.
“It’s a straight case of whether your band can play or your band can’t play.
“Normally, while it doesn’t technically end the matter, because the person has gotten what he’s wanted, that is it.
"It’s not like, for example, somebody broke down your fence and they threatened to break down the rest of the fence. When you get an injunction you cause them to be stopped but still, you got a broken fence that needs to be mended.,
"Somebody has to pay for that. So, of course, you will continue with the matter because there are other issues to be dealt with.
"This is not that type of matter. There are no other issues to be dealt with.
"Although there is technically a matter in the background.
"These people have applied for final judgment.
"This is about getting damages. Getting money.
"They have already been awarded cost certified fit for Senior Counsel and a Junior.
"Ordinarily when you start your Claim form and Statement of Claim, your normal action. If you win, costs are awarded.
"Given the value of the matter, you can compute cost.
"In this case, this matter had no value it is deemed to be a TT$50,000 matter and if you win this matter your costs are TT$14, 500.
" But this matter was finished before. So your costs are substantially less than TT$14,500.
“You cannot tell me they are doing this because they want a fraction of TT$14, 500.
“The second thing is that on the injunction they got cost certified fit for senior counsel.
“They still have to tax a bill to get that. They are not going to court to tax a bill. What they are going to do is, from the documents, it seems they want the court to assess damages.
“It is not simply about cost.
‘The cost of the injunction is manifestly less than TT$14 500 which they will get anyway.
"This is about them asking for damages.
“The only fee that can be worked out on their application- because they have an application coming up- they only fees that can be worked out is the proportion of the TT$14,500 and that is not done by agreement.
“An attorney just has to look in the book, find the page, read down format and will see what it is.
“You don't need to work that out.
“They could have taken their money for the senior counsel and ended it,”
the attorney explained, adding," they want more."
