Derek Achong
A San Juan man, serving a four- year sentence for abducting and robbing a taxi driver and his passenger, has lost his appeal over his conviction.
Delivering an oral judgment during a virtual hearing on Wednesday, Appellate Judges Alice Yorke-Soo Hon, Prakash Moosai and Malcolm Holdip dismissed Kevin Logan's appeal.
The appeal panel agreed with Logan's attorneys that the judge, who presided over his trial in 2019, made an error in identifying inconsistencies in the evidence of two police officers over Logan's arrest and subsequent identification by the passenger.
However, the judges ruled that the error was not fatal to the State's case against Logan as there was other evidence for the jury to arrive at the inescapable conclusion that Logan was involved in the robbery.
According to the evidence in the case, the robbery occurred on January 21, 2007.
The driver of the taxi, who plied his car for hire between San Fernando and Princes Town, left Library Corner with a female passenger in the front seat and two male passengers in the back seat.
When the car got to Manahambre Road, the back seat passengers announced a hold-up and robbed the passenger and the driver of their wallets and cellphones.
The men ordered the driver to turn the vehicle around and he complied.
However, while driving past the Ste Madeline Police Station the driver pulled into the car park and began honking the horn.
The men got out of the car and ran away in different directions. They were then allegedly arrested by officers at the police station who responded.
In prosecuting the case, the Office of the Director of Public Prosecutions (DPP) led the evidence of a Chaguanas taxi driver, who claimed to have been robbed by Logan days before the incident in south Trinidad.
Logan testified in his defence and claimed that on the day of the San Fernando robbery he was arrested in San Juan in relation to the other robbery, which he also denied committing.
He claimed that he was brought to the police station around the same time of robbery and was mistakenly implicated.
He was slapped with two kidnapping charges, one robbery with aggravation and one for using an imitation firearm in the furtherance of a robbery.
As part of its decision in the appeal, the panel affirmed the four year sentences he received for kidnapping and robbery and the two year sentence he received for possession of the imitation firearm.
Logan was represented by Candace Nanton and Delicia Helwig-Robertson of the Public Defenders Department, while Travers Sinanan and Sabrina Dougdeen-Jaglal represented the State.
