A 46-year-old man, who served a 24-year prison sentence for murdering a businessman during a botched car jacking in 2003, has sued the State over its almost decade-long delay in compensating him for the prison conditions he briefly endured while on remand at the Port-of-Spain State Prison.
Last week, lawyers representing Colin Edgehill, of Mamoral Village, Chaguanas, filed his constitutional motion against the Office of the Attorney General over its inordinate delay in paying the compensation, which was ordered by a High Court Judge in 2008.
In late 2003, Edgehill, formerly of Success Village, Laventille, and Marcus Marshall, of Dorata Street, Morvant, were charged with killing former Rotoplastics director Russell Govia on October 27, that year.
Govia was driving into his Cascade home when he was ambushed by Edgehill and Marshall, who attempted to rob him of his Nissan Almera.
Govia allowed the men to take the car, but as they were driving away, he drew his licensed firearm and shot at them, hitting Edgehill on his shoulder.
The gunmen returned fire and Govia was shot several times. They abandoned the car a short distance away.
When Edgehill was arrested days later, he confessed to participating in the robbery.
Edgehill was taken to hospital and a bullet fragment was removed from his wound and was later matched to Govia’s firearm.
In 2009, Edgehill and Marshall went on trial for the crime and were convicted by a 12-member-jury.
Their convictions were overturned by the Court of Appeal, who faulted trial judge and former Justice Minister Herbert Volney for allowing their trial to proceed without addressing submissions from their attorneys on their alleged confession statements, which at the time, they claimed was coerced from them by police.
In 2016, both men were allowed to plead to felony murder before former High Court Judge and current Appeal Court Judge Gillian Lucky.
Under the felony murder rule, the mandatory death penalty for murder is waived in circumstances where death results during the commission of a lesser criminal offence, which in most cases is robbery.
While she gave each man a 24 year sentence, both were released within two years of their guilty pleas as Justice Lucky applied the mandatory one third discount afforded to persons who plead guilty and deducted the 12 years and 10 months they spent on remand while awaiting trial.
While on remand for the crime, Edgehill filed a lawsuit over the conditions he endured at the prison before being transferred to the Golden Grove State Prison in Arouca in 2004.
In October 2008, Justice Carol Gobin upheld the lawsuit and ordered that he be paid $20,550 in compensation, which was calculated based on the 274 days he spent at the prison at a daily rate of $75.
The AG’s Office appealed the judgement but it was rejected by the Court of Appeal in 2012.
In his constitutional claim, Edgehill’s lawyers are claiming that his fundamental constitutional rights were breached by the delay.
“The actions of the defendant have been deliberate, arbitrary, oppressive and spiteful,” Edgehill said, in his affidavit attached to the lawsuit.
Edgehill noted that he would have had legal avenues to compel the payment of the damages plus the significant interest which accrued, if his lawsuit was against a private litigant as opposed to the State.
“A court has no means of compelling the obedience of the Government to its orders, but a failure to do so brings the system of justice itself into disrepute,” he said.
Through the lawsuit, Edgehill is seeking a series of declarations and an order compelling the payment. He is also seeking additional damages for the breach of his constitutional rights caused by the delay.
In its response to the threat of the lawsuit in December last year, the AG’s Office suggested that the lawsuit would be an abuse of process as there are other methods to compel payment.
It referred to the State Liability and Proceedings Act, as it pointed out that if the State fails to pay a judgement debt within 120 days, a litigant can apply to the Registrar of the Supreme Court for a certificate which can be served on the Comptroller of Accounts for payment.
Edgehill is being represented by Gerald Ramdeen and Dayadai Harripaul.
The case has been assigned to Justice Joan Charles, who is scheduled to host a case management conference on February 25.
