A San Fernando couple has successfully appealed their conviction for assaulting a customer they claimed left their store without paying.
Delivering an oral judgment after hearing submissions during a virtual hearing on Friday, Appellate Judges Prakash Moosai and Gillian Lucky upheld Rabindranath and Zairoon Maharaj’s appeal.
According to the evidence in the case, the charge stemmed from an incident at the couple’s cellphone store at Gulf City Mall in La Romain on February 24, 2017.
The victim, Rampersad Lutchman, and his daughter, Ariel, allegedly went to the couple’s store with two friends who wanted to purchase cellphones.
Lutchman’s friends reportedly did not have enough cash to complete the transaction and Lutchman offered to use his credit card.
While the salesclerk was preparing the SIM cards for the cellphones, she allegedly informed Lutchman that the use of a credit card would attract a three per cent surcharge.
Lutchman reportedly declined to complete the transaction and attempted to leave.
The couple allegedly accused Lutchman of being a “thief and robber” and attempted to prevent him from walking away.
Lutchman claimed his hands were restrained and that he was beaten on his head and neck.
The couple was eventually charged with assault by beating and were found guilty on May 11, 2019.
Presenting submissions on behalf of the couple, attorney Wayne Sturge claimed that the magistrate who convicted the couple placed undue weight on the fact that Lutchman was a Justice of the Peace and a pastor when assessing the evidence. He claimed that she did not properly consider the couple’s defence that their actions were reasonable in the circumstances.
“Justification could negate the unlawfulness of the assault,” Sturge said.
The submissions were accepted by the appeal panel, who noted that good character directions are normally used to determine the credibility of accused persons and not victims.
In upholding the appeal, the appeal panel ruled that the couple should not be subjected to a retrial. However, it noted that the case demonstrated the need for improvement of customer relations in T&T.
“There are avenues for businesspeople and customers to resolve conflicts without having to resort to violence,” Moosai said.
The couple was also represented by Danielle Rampersad, while Assistant Director of Public Prosecutions (DPP) Tricia Hudlin-Cooper represented the State.