Right Steps & Poui Trees


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Gazette of Disaster Risk Management Order No. 8 – Dated June 15, 2020

The electronic copy of the Gazette of the most recent Disaster Risk Management (Enforcement Measures ) Order has now been posted on the websites of the Office of the Prime Minister and the Ministry of Justice. This is Order No. 8. The hard copy was not yet available from the Jamaica Printing Services when I called this morning (June 19, 2020).

Here is a copy of the Gazette:

Disaster Risk Management Order No 8 blog pic

The Disaster Risk Management (Enforcement Measures) (No. 8) Order 2020 – June 15 2020

Order No. 8 is firmly dated June 15, 2020, though it obviously wasn’t gazetted on that date. On Tuesday night (June 16, 2020), Prime Minister Andrew Holness brought the draft order to the House for discussion, as has been his practice. No copies of the draft order were circulated to the Members of Parliament, which has been the recent practice.

AG Malahoo Forte Parliament 16-6-2020 PBCJDuring the discussion, Attorney General Marlene Malahoo Forte responded to a question that had been posed by an Opposition MP and her preface to her response makes clear that the Gazette of Order No. 8 was not available at the time.

All right, so the Disaster Risk Management Enforcement Measures Number 8 Order was promulgated by the Prime Minister last week taking, took effect on the 15th, which was yesterday. This is the non-gazetted, it is being gazetted and should be completed by now, but this is it. You will see a number of improvement, clarity. Right, I’m just telling you. So, it, the law does not require the Order to be laid in the House, but it’s going to be brought here.

– Attorney General Malahoo Forte, Parliament, 16-6-2020

The PBCJ recording of the sitting of the House is available and the Attorney General’s comments begin at approx 5:47:40 in the recording.

Tracking when the Gazettes of the Covid-19 Orders become publicly available has really raised fo me the issue of the dating of the Gazettes containing these Orders, as the Gazette often carries a date prior to the date when it seems that the gazetting has actually taken place.

How is the date for the Gazette determined? Is it the date on which the measures are first broadcast by the Prime Minister, but not yet gazetted? Or the date on which measures come into effect, but not yet gazetted? Or when the final draft copy is sent for gazetting? Or when the Gazette is actually printed?

It is an obscure process, but can have some significant consequences. I will try to find out more.

I am also posting here a copy of an amendment that was made to the previous Order, Order No. 7. Just for completeness.

Disaster Risk Management Order No. 7 Amendment

The Disaster Risk Management (Enforcement Measures) (No. 7) (Amendment) Order 2020 – June 1 2020


So Much Happening So Quickly! #COVID19 #Jamaica

A friend called me late Friday afternoon (March 13, 2020) simply to share her feelings of unease. We agreed that it felt as though we were on the brink of a major event or shift, that it felt as though we were living into a period of grave change. Much has happened since that call that bolsters the feelings we were experiencing that Friday the 13th afternoon.

Somewhere in the wee hours of that day, Jamaica’s Ministry of Health & Wellness had issued a press release giving a delayed update regarding the status of Covid-19 cases in the country, indicating that there were six new cases on the island.

MOHW press release - covid 19 update 13-3-2020

Jamaica has confirmed six new cases of the Coronavirus Disease 2019 (COVID-19) on the island.

The cases, which bring to eight the number of confirmed cases, include:

  • Two males, aged 63 and 67, who came into the island on March 7 from Trinidad, having travelled from Malaysia by way of Dubai and London. They presented at hospital on March 11.
  • One male, 36, who travelled from Manchester, England. He was taken to hospital from his hotel via ambulance on March 11.
  • One male, 31, a Jamaican overseas ship worker who came in from the Canary Islands via Portugal and Miami. He arrived in the island on February 25 and presented to hospital with symptoms on March 10.
  • One male, 58, who is the father of the first patient who was confirmed with COVID-19. He was discovered ill at home on March 11.
  • And one female, 34, who is a close contact, also of the first patient who was confirmed with COVID-19 on the island.

The Minister of Health and Wellness Dr the Honourable Christopher Tufton will meet with the media on Friday afternoon to provide further details. He is currently examining the level of preparedness for COVID-19 in western Jamaica.

Ministry of Health & Wellness Press release, March 13, 2020

https://www.moh.gov.jm/jamaica-confirms-6-new-covid-19-cases/

I had watched the rather bizarre press conference held by the US President at the White House that afternoon, which once again illustrated the problematic nature of the federal response to COVID-19 in that country. I had seen reports of the Cayman government’s measures announced that afternoon, in the context of their first confirmed case. (He was a passenger on a cruise ship, who had been hospitalized in Cayman with serious heart problems, who later showed symptoms of COVID-19 and unfortunately died. Medical staff were exposed to the virus while caring for him before he showed symptoms and the hospital has now been closed for two weeks.) The measures included no cruise ships being allowed for 60 days, schools being closed until April 27 and gatherings of 50 or more people being banned.

I had been waiting for the promised press conference by the Jamaican authorities to update the country on the new confirmed cases, initially announced for 2pm, but which got underway after 6pm. You can watch the full recording on the PBCJ YouTube page or on Prime Minister Holness’ Facebook page.

Holness covid 19 - 13-3-2020

Prime Minister Andrew Holness at COVID-19 Press Briefing, March 13, 2020

Some major developments were announced at that press briefing, at which the following officials also spoke: Minister of Health & Wellness Chris Tufton, Chief of Defence Staff of the JDF Rocky Meade, Commissioner of Police Antony Anderson, Chief Medical Officer Dr Jacquiline Bisasor-McKenzie, Attorney General Marlene Malahoo Forte, Permanent Secretary in the Ministry of Health & Wellness Dunstan Bryan, Minister of Foreign Affairs & Foreign Trade Kamina Johnson Smith, Minister of Local Government & Community Development Desmond McKenzie, Minister of Science, Energy & Technology Fayval Williams, Minister without Portfolio in the Ministry of Economic Growth and Job Creation with responsibility for Land, Environment, Climate Change and Investments Daryl Vaz and Minister of Tourism Edmund Bartlett.

Some of the developments announced included:

  • the declaration of the entire Jamaica as an area of disaster
  • the quarantining of the communities of Seven & Eight Miles, Bull Bay, St Andrew, because of need to check for evidence of community spread of COVID-19 (related to the first confirmed case in the country)
  • the adding of the United Kingdom to the list of countries on which travel restrictions have now been placed
  • the expansion of isolation areas across the country
  • efforts to increase the number of medical professionals to deal with the situation, including 21 specialist nurses arriving from Cuba on March 24 & requests for retired nurses to return to service
  • the restriction of visits to government golden age homes and infirmaries for the next 15 days
  • special arrangement for increased trucking of water to areas experiencing water shortagescovid 19 seven miles quaratine graphic

 

Since Friday, there have been additional developments related to COVID-19 here:

March 16, 2020 – 5 More Preliminarily Confirmed

In a press release sent out shortly after midnight this morning, the Ministry of Health & Wellness notified that there were 5 more preliminarily confirmed cases in the country. With the two cases confirmed yesterday (March 15, 2020), this brings the current total of confirmed cases in Jamaica to fifteen.

MOHW Covid-19 press release 16-3-2020

March 15, 2020 – 2 More COVID-19 Cases Confirmed; 17 test negative

Press Release from the Ministry of Health & Wellness

“The Ministry of Health & Wellness is reporting that two new cases of COVID-19 have been confirmed in the island. This is following the results from the National Influenza Centre, where 19 tests were conducted in the last 24 hours. Seventeen (17) of the cases tested were negative.

The country now has a total of 10 confirmed cases. One of the new cases was identified through contact tracing relating to the index case (Patient 1), while the second patient presented at hospital with a travel history to Trinidad and Tobago and had symptoms similar to COVID-19. Both persons were isolated and samples collected and tested.

The seventeen (17) other patients, who tested negative, included persons who are from Kingston and St. Andrew, St. Ann and Clarendon and who were identified through contact tracing from confirmed cases, where a similar protocol was observed to isolate and test.

Up to Saturday, March 14, 2020, 27 patients were in isolation facilities. They remain stable, including patients 1 and 2, who no longer have symptoms. Patients whose test results are negative will be released shortly.

The Ministry wishes to remind all persons, who suspect that they have had exposure to COVID-19 and are displaying symptoms to self-isolate immediately and contact the Ministry of Health & Wellness at 888-ONE-LOVE (663-5683) or 888-754-7792 for further instructions”

https://www.moh.gov.jm/2-more-covid-19-cases-confirmed-17-test-negative/

We’ll see what today and the week ahead bring.

 

 

 


Making Haste: Joint Select Committee & Special Zones of Operations Act

This afternoon (June 13, 2017), the Joint Select Committee of Parliament considering The Law Reform (Zones of Special Operations) (Special Security and Community Development Measures) Act, 2017 had its first sitting. It was a short, preliminary meeting primarily intended to set out how the Committee will proceed.

Delroy Chuck 2Minister of Justice Delroy Chuck is chairing the Committee and reminded that the Bill had been tabled in the House by Prime Minister Holness during his Budget Debate presentation on March 21, 2017. He noted that this Bill is one of the measures intended to deal with the high level of violent crime in the country and made reference to the quadruple murder that had taken place in the parish of Hanover this morning. He indicated that the Prime Minister had asked that the Committee complete its deliberations by the end of June. This means that the Committee has about two weeks in which to conduct its process and report back to Parliament; by the first week in July, at the latest, Minister Chuck said.

The Committee has asked that advertisements be placed in the media this week, inviting individuals and organizations to make written submissions on the Bill to Parliament, with a possible deadline for submission by next week Tuesday.  They will also write to a number of specific organizations inviting them to make submissions; among those mentioned were the Jamaica Bar Association, the Advocates Association, the Public Defender, Jamaicans for Justice, the Norman Manley Law School and the Faculty of Law at the University of Technology. Individuals and organizations which make written submissions may be asked to make presentations in the Chamber, which will need to take place next week or the week after that.

Dates for three meetings of the Committee were set today, though these may change, as sometimes happens:

  • Wednesday, June 21 – 9 a.m.
  • Tuesday, June 27 – 10 a.m.
  • Wednesday, June 28 – 2 p.m.

It is hoped that all contributions can be concluded by the end of these three meetings, after which the Committee will do a clause-by-clause review of the Bill before finalising their report to Parliament.

Minster Chuck said that Attorney General Marlene Malahoo Forte will be attending the meetings of the Committee and the next meeting will begin with the Attorney General giving an outline of the Bill. He also said that the National Security Advisor and representatives of the Jamaica Constabulary Force and Jamaica Defence Force will be invited to attend the meetings.

I am not sure of the full membership of the Joint Select Committee, but present today were MPs Marisa Dalrymple-Philibert, Evon Redman and Floyd Green and Senator Pearnel Charles, Jr. Apologies were tendered for MP Peter Bunting and Senators Mark Golding and Ransford Braham. (Marlene Malahoo Forte was present in her capacity as Attorney General, from Minister Chuck’s comments.)

The Committee is attempting to complete its work in a very short period, with very limited notice to the public for submissions, which may jeopardize the “closer scrutiny of the Parliament in a joint select committee” contemplated by the Prime Minister when he tabled the Bill.

Previous blog post in which I raised questions & concerns about the Bill: Yes, You Do Get to Ask Questions About the Zones of Special Operations Act


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The Building At 79 – 83 Barry Street: Past, Present, Future

You walk past things without seeing them all the time. Vendors, shop windows, signs for business places. If you are busy and focussed on getting to an appointment, if you are on your phone, your field of vision shrinks to fit your field of attention. You can’t miss the imposing white and pink building at 79 – 83 Barry Street in downtown Kingston, right across the road from the multi-storey  car park beside the Supreme Court. Yet I never really looked at it until last year, although I have walked or driven past the solid edifice repeatedly over many years. Perhaps because when I am downtown, in the vicinity of the Supreme Court, I am hurrying to find a courtroom before a case is called up, or I am hurrying to do business at the Accountant General’s office. I am not there for a leisurely stroll and sightseeing.

Perhaps, too, there are so many derelict or burnt out buildings in parts of downtown that they don’t individually stand out. Now that I have looked at it more carefully, however, it does seem strange how little I knew about this building before.

This is what it looks like on Google maps…Barry Street - Kingston - Google map - highlighted…and when you look up Barry Street…P1080794…and when you are on Barry Street facing it.P1080871 It’s clear that no-one has entered it in a long time, certainly not through what used to be its main entrance…

 

…nor by its side entrance on Church Street.P1080862Many of the windows are boarded up, or closed, with broken glass.

 

The ones on the upper floor are open to the elements.P1080966 P1080913And there is no roof.P1080940

The Building’s History

Time Tells Our Story - Donald LindoIn his book “Time Tells Our Story: The History of The Jamaica Mutual Life Assurance Society, 1844 – 1994”, Donald Lindo gives an account of the decision of the Society to construct a new building after its offices on Port Royal Street had been severely damaged in the 1907 earthquake.

 

 

“The office at No. 10 Port Royal Street, was a brick building, and although it had been repaired, the directors made an almost immediate decision to rebuild and at the same time expand the size of the office. A committee was set up and builders were consulted but the directors were undecided as to whether they would build on the same location or elsewhere and some eighteen months elapsed without a decision being made. Eventually, during 1909, they purchased 79, 81 and 83 Barry Street, with a frontage covering the entire block from Church Street to Temple Lane and facing the old cenotaph war memorial. Tenders were invited and Mr. S. S. Wortley was selected to build the new office, under the supervision of the new contractors Messrs. Mais and Sant. The building was completed in 1911 at a total cost of £7,776, including the land, and was constructed of reinforced concrete which was now being used by many builders instead of brick. Research into the Society’s records do not indicate the exact origin of the logo adopted in later years – a sturdy Viking warrior, battle-axe in his right hand, a stout key in his left, his shield fastened to his arm and guarding the heavy closed door to the new building and the inscription written around it is ‘SECURITY, SOLIDITY’. Beneath this model of the warrior was the date 1911.” (pp. 151-2)

Jamaica Mutual Life logo

The logo as seen on the cover of Donald Lindo’s book

P1080920

The logo as currently seen on the Barry Street building. Notice that the battle-axe is missing.

“It was not until March of the following year that the Society moved to its new address and held its first half yearly general meeting there on 17 April 1912. The new building consisted of two floors, a ground and upper floor with a large double staircase on either side of a spacious hallway as one entered from Barry Street. With the exception of an archival vault and a parking area for cars. the Society occupied only the upper floor for its offices. Two sections of the lower floor opening on Barry Street were for many years rented to Mr. J. H. Gaskin Mapp (originally from Barbados) and the Bonitto Bros., both commission agents. The building was an architectural landmark of its day.” (p. 152)

Barry Street head office - Lindos book

This photo on page 154 of Donald Lindo’s book is captioned “Barry Street Head Office, completed in 1911”.

Barry Street building in 1950s

A photo from the 1950s, I think. I don’t know the source of this photo and would welcome any help in identifying it.

Cenotaph War Memorial 1922 - UK National Archive

In the top right hand corner of this 1922 photo of the War Memorial, you can see the top of the Jamaica Mutual Life building, just below the electric wires. (National Archives UK)

“When the office at 79 – 83 Barry Street had been remodelled in 1965 the original intention was to construct a new one on the same site in about fifteen years. Nearly ten years had elapsed and although there had been a number of new developments in the Kingston waterfront area, the heart of Kingston was no longer as popular and the trend was for business places to move up-town to the New Kingston area.” (p. 208)

In 1973, the board of the Society made a decision to move uptown and purchased property to facilitate that move. They also decided:

“…that they should try to find a purchaser for the head office at Barry Street. To their surprise, there was an immediate buyer, the government, who wished to expand the courts offices then located in the government buildings just across the road from The Jamaica Mutual Life. The price was agreed but the government wanted almost immediate occupancy, so without knowing where the staff could be temporarily relocated the directors agreed to give occupancy in November 1973….The annual general meeting of 3 July 1973, was therefore a very historic one as it was the last to be held at 79 – 83 Barry Street after more than sixty years.” (pp. 208 – 211)

The Attorney General’s Chambers were located in the Barry Street building from 1976 – 2001, when they moved to the then Mutual Life Building on Oxford Road.Locations of AGs Chambers - 79 Barry StI am not yet clear on what led to the building falling into its current derelict state and will try to find out. In her 2016 Sectoral Debate presentation, Attorney General Marlene Malahoo Forte told Parliament of plans to move the AG’s Chambers back to Barry Street eventually.

AG comment re 79 Barry Street - Sectoral Debate 2016

I made a trip to the National Land Agency to get a copy of the land title and noted a transfer registered on January 31, 2017 to the Commissioner of Lands, “Consideration money Seven Hundred and Fifty Thousand Dollars”.

79 Barry St land title 201779 Barry St land title 2017 p2

I wonder what the years of exposure to the elements will have done to the soundness of the structure and how much will have to be spent to restore it to a useable condition. Many in the legal profession and in the business sector must have memories of this building in its better days. Hopefully, the future will see it being restored and functional again.P1080845

Postscript: I would like to thank historian Dr Joy Lumsden for her help in guiding me to historical information about the building. And since she is my mother, I would also like to wish her Happy Mother’s Day!


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Crimes Committed by People on Bail: An Access to Information Story

Jamaica’s Access to Information (ATI) Act was passed in 2002 and I believe, despite some of the weaknesses which remain in its provisions, it is an extremely important and potentially powerful tool for members of the public.

The following objectives are stated in the legislation:ati-act-objectives

In addition to some problems with the legislation itself, there can be challenges to getting the requested information. Sometimes use of the Act goes smoothly; sometimes it does not. Here’s a recent and still ongoing experience of mine.

June 17, 2016

minister-montagueI heard a radio news report  about a speech that the Minister of National Security Robert Montague had given at a function the day before, in which he had made comments about people committing crimes while on bail and the need to make changes to the Bail Act because of this.

By email, I made the following request to the Ministry of National Security (MNS) under the provisions of the ATI Act:

I would like to make an ATI request for all data, reports, memos, correspondence, minutes, etc regarding people on bail who have allegedly committed further offences while on bail.

I heard Minister Montague on a clip on the news today giving some figures at an event yesterday, which I hope would be included in the information I am requesting.

I received this response from MNS:

This is to acknowledge receipt of your Access to Information Request, which will be processed and dealt with accordingly.

I heard nothing further for two months.

 August 18, 2016

I received an email from MNS:

I am hereby making the request for an extension of time to supply information regarding your requests, the request was dispatched for the attention of the respective party that would probably have such information in their possession. However, the information has not yet been provided to this office. Thank you

September 6, 2016

I sent the following response to MNS:

I note your request for an extension of time in providing the information I requested on June 17. However, given that this request was made 60 days since I made my request, I will be referring this to the Appeal Tribunal. 
I also note that no valid reason has been given for this delay.
That same day, I filed a request for an appeal before the ATI Appeal Tribunal.

September 9, 2016

I received the following from MNS:

This is to inform that your request was forwarded to the appropriate personnel/department to supply information with regards to your request. However, the information that you desire does not rest with this office and as such we do not have direct control for when the information is supplied in most instances. I regret the delay, however the information if available, will be forwarded as soon as it is obtained, thank you.

I replied to MNS:

If the information is not held by the Ministry of National Security, then my request ought to have been transferred to the relevant government ministry/agency and I should have been notified of that transfer. I haven’t been. If the information is held by the Ministry of National Security, in whichever office or section, the requirements of the ATI Act would apply.
I have made a request to the ATI Tribunal for an appeal regarding the Ministry’s failure to provide the information.

October 14, 2016

Following some intervention by the ATI Unit, I received the following email from MNS with a document attached:

Please find attached the information that was requested Re: “Persons on Bail Committing Additional Offences”. Apologies are extended for the delay in the conveying of this response.

jcf-bail-doc-coverA copy of the document (Jamaica Constabulary Force – Assessment – Impact on Serious Crimes by Persons on Bail – June 28, 2016) is availble here: jcf-assessment-on-serious-crimes-by-persons-on-bail-28-06-16

I sent the following response to MNS:

Thank you for your email and the attached document.
I am not satisfied, however, that this fulfills my request made on June 17, 2016 for:
“all data, reports, memos, correspondence, minutes, etc regarding people on bail who have allegedly committed further offences while on bail”
to which I added the following identifier:
“I heard Minister Montague on a clip on the news today giving some figures at an event yesterday, which I hope would be included in the information I am requesting.”
 
The single document provided is a JCF report dated June 28, 2016. Since this is subsequent to the date of my request and the date on which the Minister made his public statement, I must assume that further documentation resides with the Ministry of National Security.
If indeed it is the Ministry’s position that it holds no other “data, reports, memos, correspondence, minutes, etc” as per my request, then I would appreciate a definitive statement of this.

October 21, 2016

I have not yet had a response from MNS to my email sent on October 14 and my request before the Appeal Tribunal remains in place.

Restricting Bail Provisions & the Document Provided by MNS

The issue of passing or amending legislation to restrict access to bail beyond existing provisions is not a new one. Among the six anti-crime bills passed in 2010 were two amendments to the Bail Act, which were subsequently challenged in court and in 2011 were ruled unconstitutional and therefore void. (Nation, Adrian v The Director of Public Prosecutions and The Attorney General of Jamaica)

The issue was again raised this year when Prime Minister Andrew Holness stated the Government’s intention to amend the Bail Act during his Budget Debate presentation in Parliament on May 24. ag-mmf-5-7-16Minister Montague made his speech on June 16 (Jamaica Observer, 16/6/16)  and public discussion further intensified following Attorney General Marlene Malahoo Forte’s Sectoral Debate presentation on July 5, in which she stated

So, Mr Speaker, we are going to touch the Bail Act, again….We are going to make some radical changes. Right now, the sentiment is one of “no bail for murder, unless self defence arises on the Crown’s case and the likelihood of an acquittal is high’.

So four months after I began my ATI quest to get documents from the Ministry of National Security giving information about people on bail who have committed further offences while on bail – documents which might empirically ground the Government’s declared intention to amend the Bail Act – I have received one document, a six-page assessment by the Jamaica Constabulary Force. Only 3 of those pages deal with crimes committed by people on bail, and the information given is of a fairly cursory nature.

If this is the only document MNS has which deals with this topic, then it is frightening to think that this is what is being used to support a decision to amend the Bail Act.

If there are other documents held by MNS – or any other Ministry or public authority – then the MNS has failed in its duty to comply with the provisions of the Access to Information Act.

I await further communication from MNS or the hearing of my requested appeal before the ATI Appeal Tribunal to discover which of these two bleak possibilities is the case.

 


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350 Words Or Less: The Attorney General Tweets An Opinion Which Invites Explanation

Yesterday, in the wake of the killings of 49 people at a gay bar in Orlando – a horrendous targeted attack on LGBT people – the US Embassy in Jamaica flew its flag at half mast (as instructed by its President) and flew a rainbow flag also. It tweeted the following:

US Emb tweet of flags 13-6-16

Last night, Marlene Malahoo Forte, Jamaica’s Attorney General (AG), posted this tweet, which has become the subject of much discussion online and off:

AG MMF tweet 13-6-16

I do not understand what the AG’s reasoning is for finding the US Embassy’s action “disrespectful of Jamaica’s laws” and am genuinely interested in finding out. I asked last night:

SG tweet to AG  MMF 13-6-16

By way of a hashtag in her tweet, AG Malahoo Forte indicated that she was giving her personal opinion. However, for a number of reasons, I think that the AG should share the thinking behind her opinion.

Malahoo Forte in her public and professional role as AG is the principal legal adviser to the Government of Jamaica. Although she stated that she was expressing a personal opinion, it is an opinion to do with the laws of Jamaica, something she could be asked to advise the Government on. Her publicly expressed view, therefore, would be of valid interest and concern to the Jamaican public, since she was not commenting on something unconnected to her area of public responsibility.

Additionally, I would have had less interest in her publicly expressed personal opinion if she had held some other post, Minister of Finance, for example, or Minister of Transport and Mining. Those portfolios would not be directly related to the topic of Malahoo Forte’s tweet – her opinion that a foreign embassy disrespected the laws of Jamaica.

So, I think it is entirely valid to ask the AG to explain

  • which of Jamaica’s laws specifically she was referring to, and
  • in what way she thought the action was disrespectful of those laws.

I look forward to hearing the AG’s explanation.

Though with developments today, I suspect we will never publicly hear that explanation.

US Embassy response this morning:

US Emb tweet responding to AG MMF - 14-6-16

PM Andrew Holness’ speech this morning

OPM statement re PM speech 14-6-16

The deletion of Malahoo Forte’s original tweet this morning:

AG MMF tweet deleted on 14-6-16