Acting Attorney General Stuart Young has ordered an immediate investigation into the State’s failure to defend a malicious prosecution claim by nine men who were acquitted of the murder of businesswoman Vindra Naipaul-Coolman.
In a statement on Tuesday, the Office of the Attorney General said the matter will be discussed at a press conference on Wednesday.
On Monday, a High Court master assessed damages for the nine amounting to $20 million. Each man is set to receive $2.1 million, plus interest, for malicious prosecution.
The nine – Shervon Peters, Devon Peters, Anthony Gloster, Joel Fraser, Ronald Armstrong, Keida Garcia, Jameel Garcia, Marlon Trimmingham and Antonio Charles – were among 12 men who went on trial in 2016 for Naipaul-Coolman’s murder. Eight were acquitted by a jury and one was released after the trial judge agreed he had no case to answer based on the prosecution’s evidence that had been led at the trial. Two are to face a
In July 2021, Justice Joan Charles entered judgment in their favour and sent the matter to a master for assessment after the State failed to defend the lawsuit which was filed a year earlier and four years after the nine were freed.
In her ruling on Monday, Master Martha Alexander said although the matter was a “substantial one,” the State chose neither to defend nor call any evidence except to appear at the assessment to be heard on quantum.
“The claimants approached the court for compensation for malicious prosecution and, armed with expert evidence, sought to make out a case for significant damages, interest and costs,” Alexander said.
“ On November 4, 2022, the assessment commenced, with the claimants seeking compensation in the sum of $3.5 million each.
“The present matter, therefore, was a substantial one that the defendant chose neither to defend nor to call any evidence save to appear at the assessment to be heard on quantum.”
The men’s attorney, Anand Ramlogan, SC, presented testimony from each man and an expert witness - clinical psychologist Isolde Ali Ghent-Garcia - on the effect their incarceration for nine years had on them.
Meanwhile, the lead prosecutor in the case against the nine men at the High Court, Isreal Khan, SC, said this was a high-profile criminal case for which the police spent a considerable length of time in their investigations. He also said millions were spent by the State to hire the 16 attorneys for the defence and three senior counsel for the State.
Also appearing with Khan were Senior Counsel Dana Seetahal and Gilbert Peterson.
Khan said despite the verdicts of the jury, on the evidence, there was reasonable and probable cause to arrest the men.
He said the judge who granted the judgment in default had only the men’s pleadings and their evidence but no defence by the attorneys representing the Office of the Attorney General.
“Somebody is at fault. The Attorney General is responsible for all civil litigation. The solicitor general is accountable to him.
“How come, when they made an appearance, they did not file a defence? It is very simple.
“Something is very rotten in the State of Trinidad and Tobago and heads should roll.”
Khan said either the solicitor general was responsible for the outcome of the malicious prosecution claim or the then-Attorney General was “inept, incompetent and irresponsible.”
Khan said he accepted the jury’s verdict but was flabbergasted that “something fell down” after the men filed their civil claim.
“This is madness. Taxpayers cannot be taken for granted. Heads must roll,” he maintained.
Khan is also suggesting a commission of inquiry be held to find out who is responsible.
However, he said the only “blessing” to come out of the civil claim was the highlighting of the atrocious prison conditions by Master Alexander and the “horrors” someone accused of a crime has to endure while awaiting trial.