The T&T Police Service (TTPS) has agreed to release over $500,000 that was seized from a barber from central Trinidad when he went to change old cotton $100 notes for new polymer notes in late 2019.
Guardian Media understands that last week the TTPS agreed to release the money, which was the subject of a court order, to the son of the barber, who died due to COVID-19 in May 2021 and whose identity was withheld due to security concerns.
Late last month, attorney Keron Ramkhalwhan, of Juris X Chambers, who is representing the barber’s son, sent a pre-action protocol letter to acting Police Commissioner Junior Benjamin and the head of the Financial Investigation Branch (FIB) Senior Superintendent Avinash Singh requesting information on the delay of the release of the funds.
In the correspondence, obtained by Guardian Media, Ramkhalwhan said that $883,600 was seized from the barber as he attempted to change his cash during the demonetization process.
The FIB obtained detention orders in relation to the cash, which was converted and placed in an interest-bearing account.
The barber died at hospital while being treated for COVID-19 and his son continued to challenge forfeiture proceedings under the Proceeds of Crime Act (POCA) after his death.
At the completion of the proceedings, a magistrate ordered that $538,318 be returned. The remainder of the seized money was retained to cover unpaid taxes owed by the barber to the Board of Inland Revenue (BIR).
Ramkhalwhan questioned the TTPS’s delay in releasing the funds following the court’s ruling.
He noted that in April the barber’s son was granted letters of administration in relation to his estate.
“The continued detention of the monies in these circumstances is unlawful, as there exists no statutory power under the POCA to retain cash that the Court has explicitly ordered to be returned following the completion of forfeiture proceedings,” he said.
“Despite multiple attempts to secure the return of the funds, all such efforts have been unsuccessful,” he added.
Responding to Ramkhalwhan’s letter last week, TTPS legal officer Delise Springer said that the delay was due to the unwillingness of the TTPS to release the funds before the letters of administration were issued to legally confirm that the barber’s son should be the beneficiary.
“Having received this information along with a copy of the said Letters of Administration, the relevant request was made to the Comptroller of Account for the release of cash,” he said.
She also said that she could not confirm how much interest had accrued on the funds while being held by the bank.