The State, via Attorney General John Jeremie, has discontinued its appeal against the High Court’s decision in the Brent Thomas legal matter, paving the way for negotiations for a settlement that will likely be in the millions.
The amount is yet to be determined and will come following an assessment of compensation.
Jeremie wrote to Thomas’s attorneys on Tuesday to reveal that he has informed the Solicitor General to write to the Court of Appeal of his decision.
“It is the State’s intention to enter into good faith negotiations with Mr Thomas and Specialist Shooters Training Centre Limited regarding constitutional damages and costs both in the High Court and Court of Appeal, in recognition of the violations found by the High Court.
“On behalf of the State, I apologise for the ordeal that Mr Thomas has endured and any reputational damage caused by these proceedings, which the High Court has now definitively found to constitute an abuse of process,” the Attorney General wrote.
Thomas was arrested by heavily armed Barbadian Police in his hotel room in Barbados on October 5th.
He was detained before being taken to the Grantley Adams International Airport, where he was handed over to two Trinidad and Tobago Police Service officers.
He was then taken to Trinidad on an aircraft linked to the Regional Security Services.
Thomas faced seven firearm-related charges, including alleged possession of illegal firearms and explosives.
He denied the charges, saying he had permits from the commissioner.
In defending his client, attorney Fyard Hosein admitted that the Police Commissioner did not have the power to allow the importation and possession of prohibited weapons, as he pointed out that his client refused to receive the rifles and grenades after Justice Rampersad ordered their release.
He argued that his client should not have been prosecuted for the legal loophole that was used by five police commissioners to get him to supply weapons and ammunition to local law enforcement agencies for almost two decades.
Hosein claimed that the rifles and grenades, which he claimed were all listed on the FULs held by Thomas and his business, were kept for demonstration purposes.
In November 2022, Thomas sued the State, challenging his detention and the warrants executed at his home and dealership.
In April 2023, High Court Justice Devindra Rampersad stayed all the criminal charges, ruling that the warrants were unlawfully obtained.
Justice Rampersad, in his ruling, stated that the TTPS’ actions stripped away Thomas’s dignity and were intended to humiliate him.
“These incidents took place shortly after the Stanley John report came out, as mentioned by ASP Birch in relation to the granting of firearms licences by the former commissioner of police, Gary Griffith, and it was clearly in the public domain with respect to some sort of impropriety emanating from that tenure.
“One gets the impression from the one-pointed focus that ASP Birch had on these claimants that he was determined to find something which could incriminate the claimants, notwithstanding the documentary evidence before him. All of the information that he was seeking was plainly obvious and available. He was aware that former commissioners of police, not just Mr Griffith, had granted the first claimant import permits and licenses in relation to automatic weapons and what he termed to be ‘grenades,' Justice Rampersad stated.
The State has conceded that police officers acted illegally in their controversial arrest of firearm dealer Brent Thomas in Barbados and his subsequent return to this country in October 2022.
Two months before his Barbados arrest, TTPS officers executed search warrants in Trinidad, arresting Thomas.
He was released several days later after a High Court ruling.
The Barbados Government accepted liability for the role of its officials involved in Thomas’ arrest.
In July 2024, the T&T government conceded that police officers acted illegally in Thomas’s arrest and forced return to the country.
That month, High Court Judge Marissa Robertson ruled that the Financial Intelligence Unit acted unconstitutionally, stating that the FIU must pay legal costs.