The owner of M Rampersad and Supplies Ltd and his wife are suing the Attorney General for more than $1 million in a malicious prosecution lawsuit.
Owner and director Narish Rampersad, his wife, Vashti, is also a director and shareholder. The company initiated legal proceedings through their attorneys Jagdeo Singh, Michael Rooplal, Saira Lakhan and Jaime Maharaj.
They are claiming that two criminal charges, which were subsequently dismissed, were laid against them maliciously and without reasonable and probable cause.
The charges laid by Customs and Excise Officer Dwight Questnel on February 6, 2017 alleged that on March 14 and April 8, 2016 they made false declarations relative to two shipments of goods consigned to the company.
According to the documents filed, the charges were dismissed in the Port-of-Spain Magistrates; Court on June 2018 after the magistrate upheld their attorney’s no-case submission.
In their submission, Rampersads’ attorneys had pointed to the fact, which was not disputed by the prosecution, that the forms were not signed by their clients.
However, the charges followed the seizures of a total of 48 of their vehicles by the servant/agents of the Controller of Customs and Excise Division in 2016.
The first seizure occurred on April 20, 2016, when Customs and Excise officers and heavy armed police officers executed two Notices of Seizures at the company at Hilda Lazzari Terrence, San Fernando, seizing a number of documents and two motor vehicles. Customs and Excise officers and armed police officers returned to the company with Notices of Seizures on April 25, May 11, and June 29, seized several other vehicles, as well as a quantity of automotive parts.
On June 27, 2016, the servant/agents of the comptroller seized the company’s two Toyota Land Cruiser at the port of Port-of -Spain but no notice of seizure or any other document was served to the company.
According to the court documents, the company and the comptroller engaged in a series of correspondence, in which the company requested the release of the vehicles and the institution of condemnation and forfeiture proceedings.
Rampersad was interviewed by Customs and Excise officials in November 2016 but he exercised his right to silence on the advice of his counsel.
The following month, the company initiated judicial review proceedings against challenging the seizure of its vehicles, automotive parts and documents.
The company was awarded over $2 million in damages with interest and costs, but the state filed an appeal which is still pending.
On the request of the comptroller, the Central Authority Unit made a request to the United States of America through the Mutual Assistance in Criminal Matters Act, for subpoenas to be issued to the claimants, as the owners of Tanelka, a company incorporated in the United States of America, to appear before a commissioner in the United States.
The subpoenas which were issued to the claimants compelled them to give testimony and to produce documents to the commissioner for the purpose of sending same to the comptroller to assist in investigations which were being conducted in T&T by the comptroller into whether Rampersad and his company in Trinidad committed criminal offences.
However, the claimants challenged the request and a judge declared that it was ultra vires. The State, however, has since filed an appeal while the claimants has cross-appealed. The Rampersads’ attorneys are contending that the prosecution of their clients amounted to an abuse of coercive powers of the State.
They stated that the claimants suffered irreparable damage to their reputations both in their personal and professional/business capacities.
Further claiming that their clients were severely humiliated and embarrassed, the attorneys said they suffered anxiety, emotional distress and depression.
They added they have also experienced a significant decrease in sales.