SASCHA WILSON
Three men charged under the Anti-Gang Act during the 2011 State of the Emergency were successful in their malicious prosecution lawsuits and will benefit from $220,000 in compensation.
Justice Vasheist Kokaram ruled in favour of Onnell Dyer, of Moruga, Marvin Pascall and Reiba Rodriguez, who through their attorney Kevin Ratiram, filed the lawsuits against the State.
The State was also ordered to pay $55,500 to offset the legal costs incurred by the men. They were among hundreds of people charged under the Act and were eventually released after the Office of the Director of Public Prosecutions discontinued the proceedings against them.
In Dyer's case, he was arrested on August 27, 2011, during a roadblock near the Mon Repos Police Station and charged with being a gang member. However, on September 29, 2011, the State discontinued proceedings against him.
He spent a total of 34 days in custody — 31 of which was spent in remand prison. The statement of the officer who charged Dyer was struck out after he failed to attend court to be cross-examination. He subsequently sent a sick leave through his attorneys. The judge said the State failed to show there was probable and reasonable cause to charge Dyer. In awarding him $40,000 in compensation, the judge said, "The court takes a dim view of the lack of cooperation of PC Brisbane and his evasiveness in attending the court to deal with a very serious matter. In matters where the question of the integrity of the criminal prosecution is in question, the officers responsible must make every effort to ensure that they explain their actions and dispel any doubts as to the honesty of their motives. This defendant failed to do in this case." Ratiram was instructed by Sharmela Rampaul.
In the other matter, Pascall and Rodriguez were arrested on August 26, 2011, in Princes Town and charged being members of a gang. They were also charged with robbery. In the 10-page judgment, Kokaram ruled, "there were material discrepancies in the defendant’s evidence which made the claimants’ version of events of the arrest more plausible and probable that no such offence had in fact occurred."
In awarding $70,000 each to Pascall and Rodriguez in compensation, the judge said, "The claimants were maliciously prosecuted on a fabricated robbery charge because of Mr. Pascall’s past criminal record and Mr Rodriguez’s association with Mr Pascall. They contend that there were kept in a small overcrowded cell which had a hole for a toilet. They spend a total of 25 days in custody."
They were also awarded $20,000 each in exemplary damages. Ratiram was instructed by Charlene Kalloo.