The State is set to pay compensation to a businessman from Valencia whose fleet of vehicles remain impounded over two years after he was cleared by police for allegedly operating an illegal quarry.
State attorneys conceded liability for the delay before Justice Ricky Rahim in the Port-of-Spain High Court on Tuesday after one of its witnesses admitted that the vehicles, valued at $6.4 million, should have been returned to Danny Guerra, 15 days after they were seized in January 2013.
In his testimony, Sgt Francis Collins, who led the investigation into Guerra, admitted that within two weeks of the seizure of Guerra's 12 dump trucks – a concrete mixer, a tractor and a ATV – he informed then deputy police commissioner Mervyn Richardson the vehicles should be returned as there was no evidence they or Guerra were involved in illegal quarrying in east Trinidad.
Despite Collins advice the vehicles were not released forcing Guerra to file the lawsuit.
While lead attorney for the State Israel Khan, SC, accepted the error and promised to facilitate the release of the equipment, he attempted to mitigate the compensation owed to Guerra.
Khan noted that Guerra was unable to claim for lost of use of his property as he did not adduce any evidence showing his business was adversely affected by the seizure.
He also dismissed Guerra's claim for additional damages for damage to the vehicles caused by their inactivity for a long period as he said Guerra could not prove their condition when they were seized by police.
In response, Guerra's lawyer, Gerald Ramdeen, claimed while his client was at fault for not providing the necessary valuations, the court had the power to estimate his losses due to the "arbitrary, oppressive and unconstitutional" actions of the police in the case.
Rahim is expected to decide on the compensation due to Guerra on December 10.