The State has incurred a debt of just over $5M in damages which it has to pay to 69-year-old Chaitram (only name given), also known as ‘Cashew,’ after a Judge found the revocation of his bail by another Judge to have been unlawful.
Chaitram has been indicted and his trial is currently pending on a charge of accessory after the fact, in relation to the 2016 Mibicuri, Black Bush Polder, triple murder of Pawan Chandradeo, Naresh Rooplall and 15-year-old Jaikarran Chandradeo.
Particulars of the offence against Chaitram alleges that he received, relieved, comforted and assisted Carlton Chaitram, and his (Carlton’s) 24-year-old son Jairam Chaitram; Tameshwar Jagmohan and Rakesh Karamchand, while knowing that they had murdered the trio between July 21st and 22nd, 2016.
Chaitram is the father and grandfather of Carlton and Jairam respectively.
Following the eldest Chaitram’s initial appearance before the Magis-trate’s Court, he had been granted bail in the sum of two million dollars.
On January 26th of this year, however, Justice Sandil Kissoon who was conducting a voir dire in the trial of the four charged with the murders, informed Chaitram who had been summoned before him, that his bail would be revoked because he had breached its conditions.
According to court documents seen by this newspaper, Justice Kissoon had informed Chiatram, that Jagmohan had given sworn testimony of him and his three other co-accused at the time, being visited in prison by Chaitram who “attempted to pervert the course of justice” regarding the murder case.
Following the voir dire which was held to determine the admissibility of Jagmohan’s statement, Justice Kissoon ruled that it would be admitted in evidence.
According to a fixed date application (FDA) challenging the revocation of the bail which was filed by Chaitram’s wife Lilawattie Seeraj on his behalf, the Judge took no evidence regarding the alleged attempt to pervert the course of justice.
The FDA deposes that Justice Kissoon did, however, address Chaitram, revoking his bail; thereafter signing a warrant for him to be remanded to prison.
Through her attorney Murseline Bacchus SC, Seeraj advanced in her FDA that no application had been made by the State for the revocation of the bail, nor was any evidence taken by the Judge on that issue.
“It is extremely doubtful whether his Honour had any jurisdiction or power to revoke the bail…” the woman said; while contending that her husband’s remand was in contravention of the Constitution.
In asking the Court to so declare, Seeraj also sought compensatory and aggravated damages on behalf of her husband, as well as costs.
Finding Justice Kissoon’s directive revoking the bail to have been unconstitutional, Justice Simone Morris-Ramlall at a hearing of the FDA on Monday, quashed it and ordered Chaitram’s immediate release from prison.
According to the Order seen by this newspaper, Justice Morris-Ramlall noted that after reading the application and hearing submissions from counsel on both sides, she found Justice Kissoon’s revocation of the bail granted to Chaitram to have been “unconstitutional, illegal, void and of no effect.”
The Judge found Chaitram’s constitutional right to personal liberty to have been breached.
In the circumstances, she then ordered the Attorney General (AG) against whom the action was brought, to pay Chaitram damages in the sum of $4,000,000 for his unlawful detention, with interest at a rate of 6% per annum from February 2nd, 2022 to July 18th, 2022; and 4% per annum from July 19th, 2022 until the judgment is fully paid.
The State has also been ordered to pay Chaitram exemplary damages in the sum of $1,000,000.
Further, it was to have paid him $150,000 costs on Tuesday – July 19th, 2022.
In its defence to Seeraj’s application, the State through the AG had argued among other things that Justice Kissoon was protected “under common law in relation to judicial immunity for acts done in carrying out his judicial functions.”
The AG deposed in the defending affidavit that Seeraj had failed to show how the revocation of the bail was unconstitutional; and that her application therefore could not have been taken before a judge of concurrent jurisdiction.
The State argued that the FDA ought to have been challenged in the court’s appellate jurisdiction.
The AG’s affidavit further went on the state that notwithstanding judicial immunity, even if Justice Kissoon’s order was perverse, it needed to be obeyed until it was set aside by higher court.
The State’s contention had been that Justice Kissoon was empowered by Section 24 of the High Court with the inherent jurisdiction to make the order revoking the bail, upon a finding that Chaitram attempted to pervert the course of justice.
Back in February, both Chaitram’s son and grandson as well as Karamchand pleaded guilty to the murders during their trial. Meanwhile, Jagmohan was found guilty at the conclusion of his.
Jairam Chetram was sentenced to life in prison while Jagmohan was sentenced to death. Meanwhile Carlton Chetram and Karamchand were sentenced to life in prison without parole on each count.
