Home' Trinidad and Tobago Guardian : February 20th 2018 Contents news A9
Tuesday, February 20, 2018
Auto dealer loses malicious prosecution lawsuit
A foreign-used car dealer of D’Abadie,
who was charged with importing 440
kilogrammes of marijuana in a shipment
of cars and auto parts almost a decade
ago, has lost his malicious prosecution
lawsuit against the State.
Delivering a 16-page judgment in Port-
of-Spain High Court yesterday, Justice
Frank Seepersad dismissed the claim
in which Richard Ramkissoon and his
father, Rattan, of Ramkissoon and Sons
Parts Express Limited, were seeking al-
most $1 million in compensation.
Seepersad ruled that officers from the
Customs and Excise Division were enti-
tled to charge the relatives even though
they pointed out that the seal on the
shipping container had been tampered
with before they received it.
Stating that the offence did not re-
quire proof of intent, Seepersad said:
“Having considered the evidence, the
court felt that the matter was properly
investigated and in the context of the
offence being one of strict liability, the
issue with regard to the seal, was a mat-
ter of fact, to be determined by the tri-
bunal of fact.”
Pointing out that drugs and firearms
are regularly smuggled with legitimate
imports in shipping containers, Seep-
ersad said law enforcement should not
only rely on manual checks as done in
the Ramkissoons’ case.
“The need to have functional scan-
ners is critical to the nation’s security
and every effort should be made to
have such a system implemented with
dispatch and urgency,” Seepersad said.
Without directly referring to the case,
Seepersad also suggested that Parlia-
ment introduce more strict liability
provisions against companies whose im-
ports are found to contain illegal items.
“A legislative review should be en-
gaged with the objective of curtailing
the activities of complicit individuals
who hide behind the veil of incorpora-
tion and engage in their illicit pursuits
under the veneer of corporate legiti-
macy,” he said.
The Ramkissoons were arrested after
the drugs were found during a search of
containers they had received on July 23,
Testifying during the trial in January,
Ramkissoon said the shipping tag on
the container differed from the docu-
ments sent by his supplier in Japan by
one character and that he informed the
officers of this before they opened it and
found the drugs.
The Ramkissoons were charged al-
most 17 months after the discovery was
made, but the charge was eventually
dismissed in 2011 after the officers re-
peatedly failed to attend court hearings.
The family was seeking to recoup
the $225,000 in legal fees they paid to
defend the criminal charge, and over
$500,000 for the five cars and auto
parts which formed part of the ship-
The Ramkissoons were represented
by Jagdeo Singh and Kiel Tacklalsingh.
Extradition hearing against Warner resumes next year
STORIES BY DEREK ACHONG
Former government Minister Jack
Warner’s extradition proceedings are
not expected to resume until next year
as the Court of Appeal has set a hear-
ing in November for his appeal over the
dismissal of his lawsuit challenging the
United States extradition request for
Appellate Judge Mark Mohammed
yesterday granted Warner a stay of the
proceedings pending the determination
of the appeal.
Once the appeal is heard, the Appeal
Court panel usually takes over a month
to deliver judgment.
The proceedings, which are still in a
preliminary stage as Warner mounted
a series legal challenges, were put on
hold by acting Chief Magistrate Maria
Busby-Earle-Caddle in October last year
as the Appeal Court was considering the
Warner is appealing the decision of
Justice James Aboud to dismiss his ju-
dicial review lawsuit in September last
He is challenging the procedure
adopted by the Office of the Attorney
General in signing off on the US’s re-
quest for his extradition made in May
Warner is alleging that this country’s
extradition treaty with the US contra-
dicts the Extradition (Commonwealth
and Foreign Territories) Act. They
were claiming that, in passing the act,
Parliament afforded citizens certain
protections which are ignored by the
In his 50-page judgment, Aboud
agreed that there were minor inconsist-
encies between the treaty and legisla-
tion, but said Warner’s concerns were
exaggerated and speculative.
Aboud also noted that Warner’s rights
would be protected during the eventual
Former Fifa vice-president Jack Warner.
PICTURE ABRAHAM DIAZ
extradition proceedings before Busby-Earle-Cad-
dle as she would have to apply local laws to the
charges against Warner alleged in the US extra-
Warner was also complaining that AG Faris Al-
Rawi failed to give his attorneys a fair opportu-
nity to make representations to him before he
signed off on the Authority to Proceed, which
was required to kick off the proceedings in the
Aboud ruled that Warner did not have a right
to be consulted.
Warner, 73, a former Fifa vice-president, is
accused of 12 charges related to fraud, racketeering
and engaging in illegal wire transfers.
The offences are alleged to have taken place
in the United States, T&T and other jurisdictions
between 1990 and June 2011 when Warner quit Fifa.
He is one of several senior executives of world
football’s governing body who were indicted
on a series of charges after an investigation into
corruption in football, conducted by the US Federal
Bureau of Investigation and Department of Justice.
Several, including his two sons Daryll and Daryan,
have pleaded guilty to the charges and are serving
sentences in the US.
Links Archive February 19th 2018 February 21st 2018 Navigation Previous Page Next Page