(Trinidad Express) The State has been forking out an estimated TT$25 million per year to settle hundreds of judicial matters brought by members of the public against police and prisons officers.
Such matters, which deal with infringements of constitutional rights of individuals, include those that have been settled out of court. This estimated cost to the State includes payments to claimants, their lawyers and State’s lawyers.
Sources said that some 2,500 cases logged over a five-year period, from 2004 to now, have cost the State an estimated TT$100 million. Such cases include the recent order by the Court that the State pay the Sanatan Dharma Maha Sabha more than TT$2.6 million because of discrimination in denying the organisation a radio licence.
But the majority of cases requiring payouts leading to the multi-million dollar State legal bill results from what has been described by both Appeal and High Court judges as the “barbaric behaviour” of police and prison officers as regards members of the public and individuals in the State’s care.
As a result of the behaviour of these officers, prison inmates-both on death row and in Remand Yard-and members of the public have been compensated for a series of other infractions, including wrongful arrest, assault and battery, unlawful detention and malicious prosecution.
And despite warnings and appeals from judges that officers involved in such cases-as they come before the court-be investigated, sources said there are instances dating back to at least five years where nothing had been done.
The highest such award in the last five years went to a former prisoner, Perry Matthew, who collected close to a TT$1 million after he was incarcerated 409 days past the time he was to be detained in prison.
Matthew was arrested and charged for possession of marijuana for the purposes of trafficking on December 13, 1999. After some 35 court hearings, during which time he got legal aid, Matthew’s case was heard in the Magistrates’ Court on September 27, 2000. He denied the charge but was found guilty, convicted and fined TT$15,000 or 36 months hard labour. He had six weeks to pay the fine. He later filed for constitutional relief on December 9, 2004, as a result of the alleged failure by the Prison authorities to deliver his notice of appeal within the stipulated timeframe.
On June 21, 2007, Justice Peter Jamadar delivered his ruling and ordered he be paid: TT$6,000-for breach of the constitutional rights per se, TT$58,424-loss of earnings during the period of unconstitutional detention, TT$350,000-compensation for distress and inconvenience suffered during the unconstitutional detention. The three figures attracted interest at the rate of 12 per cent per annum.