POLICE CONSTABLE RENNIE LAKHAN NO THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO REASONS
|
|
- Vivien Shelton
- 5 years ago
- Views:
Transcription
1 THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV BETWEEN SIEULAL RAMSARAN CLAIMANT AND POLICE CONSTABLE RENNIE LAKHAN NO THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO DEFENDANTS BEFORE THE HONOURABLE MR JUSTICE R. BOODOOSINGH APPEARANCES: MR. E. ROOPNARINE FOR CLAIMANT MS. T. MAHARAJ AND MRS. F. ALI KHAN FOR DEFENDANT REASONS 1. By his amended claim form and statement of case of 29 September, 2010, the Claimant claimed against the Defendant for false imprisonment, malicious prosecution and for certain constitutional relief. The matter had been case managed. Directions were given for witness statements which were filed and exchanged. 2. The Defendants have filed an application that this claim should be dismissed based on a preliminary point at pre-trial that the claim and the evidence in support does not support a claim for the causes of actions identified. It should, therefore, be dismissed without need for a trial. That the court has the jurisdiction to do this at this stage has Page 1 of 6
2 not been disputed. The defendants say this is an appropriate time given that the witness statements are filed and the court can examine the case the claimant seeks to mount on the pleadings and evidence at its highest. 3. The short background facts as can be gleaned from the witness statements and the relevant supporting documents are as follows. 4. The Claimant had a common law relationship with one Hazel Ann Singh. They have a child together. On 24 August, 2007, a protection order was made against the Claimant to cover the period up to 23 August, On 24 June, 2008 Police Constable Lakhan laid a complaint on oath against the Claimant for breach of that protection order contrary to section 20(1) of the Domestic Violence Act No.27 of This matter was listed before the Rio Claro Magistrate. He was granted bail on this charge. It is alleged that the Claimant had breached the protection order by setting fire to his common law wife. 5. On 27 August, 2009, the Claimant and his common law wife were at the Court in relation to PC Lakhan s charge. 6. It appears that someone alleged an incident occurred between the Claimant and his wife that he had pulled her hand. A security officer made this observation. This was brought to the attention of the Magistrate. 7. There is divergence on the witness statements of both sides about what actually transpired. Page 2 of 6
3 8. The Claimant is alleging that he was at Court early. His wife came and sat next to him. 9. They had previously gotten back together, and the night before they had discussed that she should not continue the criminal matter the next day since they were now living as husband and wife. While they were sitting, the Police Prosecutor called Miss Singh outside. She waved to the Claimant to come outside. He then went outside and held her hands and told her not to leave the premises as she had come to revoke the statement she had given. 10. While they were conversing, PC Lakhan and the Police Prosecutor came up to them. PC Lakhan arrested the claimant and put him in a cell in Court. Then his common law wife, Miss Singh, came in and went to the witness box and spoke. Next, a Court security officer came and spoke. The claimant was then asked to come out of the cell (presumably by the Magistrate) and was asked certain questions. The Magistrate then indicated he was found guilty and, according to his witness statement, my bail was revoked and advised of my rights to apply to Judge in Chambers for bail. 11. The claimant said he was not tried for the offence he had committed. He said the Magistrate never asked him if he had breached the conditions of his bail. 12. That then is the Claimant s case at its highest. 13. I have had the opportunity to examine the Notes of Proceedings which were put in by the Claimant. 14. What these notes clearly show is that the Magistrate conducted an enquiry into whether the Claimant s bail should be revoked given what had been reported. There Page 3 of 6
4 was no charge. Certainly, PC Lakhan never laid any charge. Although expressed as having been found guilty, clearly the Magistrate having conducted an enquiry, decided to revoke the Claimant s bail. There was no criminal charge laid. 15. This is further supported by the Magistrate s advice, as required by the law, that he may apply to a Judge in Chambers. This is for a revision of bail. It could not be for any other purpose. 16. The Claimant never applied to a Judge in Chambers. 17. The Claimant, on the evidence which he intends to advance, has not given any particulars of any charge laid or that such a charge was determined in his favour. The ingredients needed to prove malicious prosecution, therefore, fail from the outset. This is clear from the notes of evidence. This was as much accepted by the Claimant s attorneys who in a pre-action letter written on 12 January, 2010 at paragraph 5 noted: As a result of the forfeiture of bail our client was imprisoned from 27 August 2009 and was released on the 20 November, The next matter is the imprisonment. His denial of liberty was occasioned by a judicial act. The revocation of bail is a matter within the judicial discretion of the Magistrate. Neither the Police Constable nor the Attorney General under Section 4 of the State Liability and Proceedings Act Chapter 8:02 can be held responsible for this. The definition of servant of the State under Section 2 of the Act specifically excludes a Magistrate from being the servant of the second Defendant. In any event, the first Defendant is not a proper party. He did nothing that can amount to a claim on behalf of the Claimant. Page 4 of 6
5 19. What was complained against was the action of the Magistrate in revoking bail and in the process she engaged in to come to that decision. The Claimant s remedy, as noted by the defendants attorneys may have been in the nature of a claim under Section 5(1) of the Magistrates Protection Act, Chapter 6: The last matter of note is perhaps what may be considered the constitutional dimension. The claimant alleges breach of his constitutional rights in that he was denied his liberty without due process pointing to the manner in which the Magistrate conducted the enquiry. 21. The Defendants have submitted the claimant came by the wrong process. Whether this is correct or not, I do not think that the Claimant could proceed on this ground in any event. First, there is an evidential hurdle. Second, constitutional relief is not generally appropriate where a person had an alternative method to obtain relief. In this case it was by applying to a Judge in Chambers to review the revocation of bail of which he did not avail himself. Had he reviewed the revocation of bail, he would have been entitled to put before the Judge all the circumstances he says he was denied the opportunity to do before the Magistrate. The Judge has full power to alter the decision of the Magistrate. This contention that he did not get the opportunity to give side, in itself, is suspect because the Magistrate did call on him to give evidence. 22. I was referred by the claimant s attorney to the case of Ramesh Maharaj v the Attorney General of Trinidad and Tobago (No. 2) (1978) 30 WIR 310. That case in my view is clearly distinguishable. There, the Judge had failed to inform the applicant of the nature of the contempt of which he was charged and for which he was committed and imprisoned. In that case, there was a clear breach of natural justice principles in circumstances when the applicant was in danger of being convicted of contempt. Page 5 of 6
6 23. The instant matter was a matter of review of bail. Different considerations apply to the grant and determination of bail. There is no absolute right to bail. Bail is discretionary given all the circumstances presented. A Magistrate s discretion is far wider in considering a bail application than a court in considering criminal contempt. The Magistrate is entitled to decide on credible information. In this case she relied on the observations of a court security officer even if the evidence of the Claimant s common law wife is discounted. She also heard from the claimant. Given the nature of the allegations made (setting fire to the claimant s common law wife) it would have been prudent to conduct an enquiry into the report made. 24. In any event, based on how the case has been pleaded, this Court would be unable to grant constitutional relief even if the Claimant s evidence is accepted in full. 25. In these circumstances, the Claimant s case is bound to fail. There is no need for a trial. The claim is dismissed without the need for a full trial. 26. The claimant must pay the defendant s costs conservatively assessed in the sum of $7,000. at this pre-trial review stage. Ronnie Boodoosingh Judge 23 February 2012 Page 6 of 6
IN THE HIGH COURT OF JUSTICE PORT OF SPAIN. Between
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE PORT OF SPAIN Claim No. CV 2011-00187 Between DENISH KALICHARAN Claimant AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant BEFORE
More informationIN THE HIGH COURT OF JUSTICE AND. THE ATTORNEY GENERAL OF TRINIDAND AND TOBAGO Defendant
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Claim No.: CV2011-04900 BETWEEN DENZIL FORDE Claimant AND THE ATTORNEY GENERAL OF TRINIDAND AND TOBAGO Defendant Before the Honourable Mr. Justice
More informationIN THE HIGH COURT OF JUSTICE. Between CHRISTOPHER LUCKY AND. THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant
THE REPUBLIC OF TRINIDAD AND TOBAGO Claim No. CV 2012-00224 IN THE HIGH COURT OF JUSTICE Between CHRISTOPHER LUCKY AND Claimant THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant BEFORE THE HONOURABLE
More informationTHE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV 2009-04042 BETWEEN PAUL WELCH CLAIMANT AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO DEFENDANT BEFORE THE HONOURABLE MR JUSTICE R. BOODOOSINGH
More informationTHE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE
SAINT LUCIA THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE SUIT NO:242 of 2001 BETWEEN Peter Clarke Claimant v The Attorney General et al Defendants Appearances Ms. Petra Nelson for Claimant
More informationECONO CAR RENTALS LIMITED GTM INSURANCE COMPANY LIMITED
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV 2013-00852 BETWEEN ECONO CAR RENTALS LIMITED Claimant AND CINDY CHARLES GTM INSURANCE COMPANY LIMITED Defendant Co-Defendant NAGICO INSURANCE
More informationIN THE HIGH COURT OF JUSTICE BETWEEN AND. THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant BEFORE THE HONOURABLE MR. JUSTICE PETER RAJKUMAR
TRINIDAD AND TOBAGO HCA: No.S-1452 of 2003 HCA: 2544 of 2003 (POS) IN THE HIGH COURT OF JUSTICE BETWEEN CURTIS GABRIEL Plaintiff AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant BEFORE THE HONOURABLE
More informationIN THE HIGH COURT OF JUSTICE. Between MICHAEL LEO SLATER. And ESTHER RUBY SLATER
THE REPUBLIC OF TRINIDAD AND TOBAGO CV 2014 00488 IN THE HIGH COURT OF JUSTICE Between MICHAEL LEO SLATER Claimant And ESTHER RUBY SLATER Defendant Before the Honourable Mr Justice Ronnie Boodoosingh Appearances:
More informationIN THE HIGH COURT OF JUSTICE. Between BUNNY KAMEEL ALI. And THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO
THE REPUBLIC OF TRINIDAD AND TOBAGO CV 2013 03904 IN THE HIGH COURT OF JUSTICE Between BUNNY KAMEEL ALI Claimant And THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant Before the Honourable Mr Justice
More informationBETWEEN CLINTON NOEL AND COMMISSIONER OF POLICE
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV 2014-595 BETWEEN CLINTON NOEL Claimant AND COMMISSIONER OF POLICE Defendant Before the Honourable Mr. Justice Boodoosingh Appearances:
More informationIN THE HIGH COURT OF JUSTICE. Between PAUL CHOTALAL. And THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Claim No. C.V. 2014-00155 Between PAUL CHOTALAL Claimant And THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendants Before the Honourable
More informationIN THE HIGH COURT OF JUSTICE. Owing Goring AND. The Attorney General of Trinidad and Tobago
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Claim No. CV 2011-03769 BETWEEN Owing Goring AND Claimant The Attorney General of Trinidad and Tobago Defendant Before the Honourable Mr.
More informationIN THE HIGH COURT OF JUSTICE BETWEEN AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO DECISION-ASSESSMENT OF DAMAGES
REPUBLIC OF TRINIDAD AND TOBAGO CV 2010-04134 IN THE HIGH COURT OF JUSTICE BETWEEN PETER DEACON Claimant AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant Before: Master Margaret Y Mohammed Appearances:
More informationIN THE HIGH COURT OF JUSTICE BETWEEN ROLAND JAMES AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV 2013 03519 BETWEEN ROLAND JAMES CLAIMANT AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO DEFENDANT Before the Honourable Mr. Justice Ronnie
More informationIN THE HIGH COURT OF JUSTICE. Between. And. HER WORSHIP SENIOR MAGISTRATE MRS. INDRA RAMOO-HAYNES Defendant
REPUBLIC OF TRINIDAD AND TOBAGO Claim No. CV 2012-00707 IN THE HIGH COURT OF JUSTICE Between ALVIN And AHYEW Claimant HER WORSHIP SENIOR MAGISTRATE MRS. INDRA RAMOO-HAYNES Defendant BEFORE THE HONOURABLE
More informationLegal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 56, No. 106, 5th October, 2017
Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 56, No. 106, 5th October, 2017 Second Session Eleventh Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No.
More informationIN THE HIGH COURT OF JUSTICE BETWEEN SANJEEV RAMGARIB AND HER WORSHIP MAGISTRATE REHANNA HOSEIN
THE REPUBLIC OF TRINIDAD AND TOBAGO CV 2015 00266 IN THE HIGH COURT OF JUSTICE BETWEEN SANJEEV RAMGARIB Applicant AND HER WORSHIP MAGISTRATE REHANNA HOSEIN Respondent Before the Honourable Mr Justice Ronnie
More informationIN THE HIGH COURT OF JUSTICE. Between LARRY BAILA. And THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO
REPUBLIC OF TRINIDAD AND TOBAGO HCA No. CV2015-00249 IN THE HIGH COURT OF JUSTICE Between LARRY BAILA Claimant And THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant Before the Honourable Mr. Justice
More informationQueensland DOMESTIC VIOLENCE (FAMILY PROTECTION) AMENDMENT ACT 1992
Queensland DOMESTIC VIOLENCE (FAMILY PROTECTION) AMENDMENT ACT 1992 Act No. 46 of 1992 Queensland DOMESTIC VIOLENCE (FAMILY PROTECTION) AMENDMENT ACT 1992 Section TABLE OF PROVISIONS Page 1 Short title.....................................................
More informationIN THE HIGH COURT OF JUSTICE SUB-REGISTRY, SAN FERNANDO IN THE MATTER OF THE CONSTITUTION OF THE REPUBLIC
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE SUB-REGISTRY, SAN FERNANDO H.C.A No. S-2253 of 2003 IN THE MATTER OF THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO ( THE CONSTITUTION
More informationIN THE HIGH COURT OF JUSTICE BETWEEN NIGEL MORALES CLAIMANT AND THE ATTORNEY GENERAL OF TRINIDAD & TOBAGO DEFENDANT
REPUBLIC OF TRINIDAD AND TOBAGO CV2008-02133 IN THE HIGH COURT OF JUSTICE BETWEEN NIGEL MORALES CLAIMANT AND THE ATTORNEY GENERAL OF TRINIDAD & TOBAGO DEFENDANT BEFORE THE HON. MADAME JUSTICE JOAN CHARLES
More informationIN THE HIGH COURT OF JUSTICE AND AND BETWEEN AND
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Claim No. CV2009-01582 IN THE MATTER OF THE JUDICIAL REVIEW ACT 2000 AND IN THE MATTER OF THE INDICTABLE OFFENCES (PRELIMINARY ENQUIRY) ACT
More informationIN THE HIGH COURT OF JUSTICE IN THE MATTER OF AN APPLICATION BY FELIX JAMES FOR AN ADMINISTRATIVE
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Cv. 2009-00439 IN THE MATTER OF AN APPLICATION BY FELIX JAMES FOR AN ADMINISTRATIVE ORDER UNDER PART 56 OF THE CIVIL PROCEEDING RULES (1998)
More informationTHE COMMISSIONER OF STATE LANDS. Mr Elton Prescott SC leading Mr Phillip Lamont instructed by Mrs Karen Piper for the Claimant
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV2293/2009 BETWEEN KASSIM MOHAMMED CLAIMANT AND THE ATTORNEY GENERAL THE DIRECTOR OF SURVEYS THE COMMISSIONER OF STATE LANDS DEFENDANTS
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 11-4-2009, DEPARTMENT OF SAFETY
More informationUNIT TRUST CORPORATION AND BEFORE THE HONOURABLE MR JUSTICE RONNIE BOODOOSINGH REASONS
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV 2012-03240 BETWEEN UNIT TRUST CORPORATION CLAIMANT AND RICHARD WOODRUFFE DEFENDANT BEFORE THE HONOURABLE MR JUSTICE RONNIE BOODOOSINGH
More informationChapter 340. Bail Act Certified on: / /20.
Chapter 340. Bail Act 1977. Certified on: / /20. INDEPENDENT STATE OF PAPUA NEW GUINEA. Chapter 340. Bail Act 1977. ARRANGEMENT OF SECTIONS. PART I PRELIMINARY. 1. Interpretation. bail bail authority
More informationIN THE HIGH COURT OF JUSTICE RODNEY KHADAROO AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO DEFENDANT
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CLAIM NO: CV2011-04757 BETWEEN RODNEY KHADAROO AND CLAIMANT THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO DEFENDANT Before the Honourable Madam
More informationMs. S. Chote, SC and Mr. T. Clarke for the Applicant Mr. B. Winter, Senior State Attorney for the Commissioner of Police
REPUBLIC OF TRINIDAD AND TOBAGO PORT OF SPAIN MAGISTRATES COURT ST. GEORGE WEST MAGISTERIAL DISTRICT CASES: 07844-07871 0F 2013 BETWEEN WOMAN POLICE CORPORAL NO. 14145 TRICIA SMITH COMPLAINANT AND LINCOLN
More informationIN THE HIGH COURT OF JUSTICE. Between FRANKLIN ALI. And AZARD ALI DAILY NEWS LIMITED
THE REPUBLIC OF TRINIDAD AND TOBAGO CV 2014 04344 IN THE HIGH COURT OF JUSTICE Between FRANKLIN ALI Claimant And AZARD ALI First Defendant DAILY NEWS LIMITED Second Defendant Before the Honourable Mr Justice
More informationLegal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 40, No. 184, 28th September, No. 14 of 2001
Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 40, No. 184, 28th September, 2001 No. 14 of 2001 First Session Sixth Parliament Republic of Trinidad and Tobago SENATE BILL AN ACT to prescribe
More informationLegal Supplement Part B Vol. 55, No st April, RULES THE CRIMINAL PROCEDURE RULES, 2016
Legal Supplement Part B Vol. 55, No. 45 21st April, 2016 181 LEGAL NOTICE NO. 55 REPUBLIC OF TRINIDAD AND TOBAGO THE CRIMINAL PROCEDURE ACT, CHAP. 12:02 RULES MADE BY THE RULES COMMITTEE UNDER SECTION
More informationIN THE COURT OF APPEAL. BETWEEN MYRTLE CREVELLE, (ADMINISTRATRIX AD LITEM OF THE ESTATE OF CLYDE CREVELLE (deceased)) Appellant AND
TRINIDAD AND TOBAGO IN THE COURT OF APPEAL CIV. APP. NO. 45 OF 2007 HCA NO. 117 OF 2003 BETWEEN MYRTLE CREVELLE, (ADMINISTRATRIX AD LITEM OF THE ESTATE OF CLYDE CREVELLE (deceased)) Appellant AND THE ATTORNEY
More informationIN THE HIGH COURT OF JUSTICE BETWEEN AND
TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Cv. #2009/1536 BETWEEN JEFFREY JOHN CLAIMANT AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO DEFENDANTS BEFORE THE HONOURABLE MADAM JUSTICE DEAN-ARMORER
More informationTHE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV 2013-02861 IN THE MATTER OF THE WILLS AND PROBATE ACT, CH. 9:03 AND THE CIVIL PROCEEDINGS RULES 1998, AS AMENDED, PART 72 AND IN THE
More informationIN THE COURT OF APPEAL THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO MRS. LISA RAMSUMAIR-HINDS. And RUSSELL DAVID
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Civil Appeal No. P028 of 2015 Between THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO MRS. LISA RAMSUMAIR-HINDS And RUSSELL DAVID Appellants Respondent
More informationPrevention of Terrorism Act 2005
Prevention of Terrorism Act 2005 2005 Chapter 2 CONTENTS Control orders Section 1 Power to make control orders 2 Making of non-derogating control orders 3 Supervision by court of making of non-derogating
More informationIN THE HIGH COURT OF JUSTICE BETWEEN AND. (POLICE CONSTABLE) EDGAR BAIRD THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendants.
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE NO. CV 2009-00642 BETWEEN OTIS JOBE Claimant AND (POLICE CONSTABLE) EDGAR BAIRD THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendants BEFORE
More informationIN THE HIGH COURT OF JUSTICE BETWEEN SOCA FOR PEACE FOUNDATION AND THE REGISTRAR OF THE SUPREME COURT OF JUDICATURE
REPUBLIC OF TRINIDAD AND TOBAGO CV2013-01845 IN THE HIGH COURT OF JUSTICE BETWEEN SOCA FOR PEACE FOUNDATION APPLICANT AND THE REGISTRAR OF THE SUPREME COURT OF JUDICATURE RESPONDENT Before the Honourable
More informationIN THE HIGH COURT OF JUSTICE
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Claim No. CV 2009-02708 BETWEEN SYDNEY ORR APPLICANT AND THE POLICE SERVICE COMMISSION DEFENDANT Before the Honourable Mr. Justice A. des Vignes
More informationFACT SHEET. Juveniles (children aged 16 or under):
FACT SHEET Introduction Arrest and Bail It is important for our clients to have an appreciation of their rights when it comes to such things as being arrested or being granted bail. However, in the event
More informationLaw Enforcement Legislation Amendment (Public Safety) Act 2005 No 119
New South Wales Law Enforcement Legislation Amendment (Public Safety) Act 2005 No 119 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002
More informationIN THE HIGH COURT OF JUSTICE BETWEEN. LAING SANDBLASTING & PAINTING CO. LTD. Claimant AND
REPUBLIC OF TRINIDAD AND TOBAGO CV2012-00691 IN THE HIGH COURT OF JUSTICE BETWEEN LAING SANDBLASTING & PAINTING CO. LTD. Claimant AND DOC S ENGINEERING WORKS LTD Defendant BEFORE THE HONOURABLE MADAM JUSTICE
More informationREASONS FOR DECISION OF THE TORONTO LICENSING TRIBUNAL
REASONS FOR DECISION OF THE TORONTO LICENSING TRIBUNAL Date of Hearing: Panel: Daphne Simon, Chair: (Hedy) Anna Walsh and Aly N. Alibhai, Members Re: Aziz Ahmad (Report No. 6707) Holder of Toronto Vehicle-For-Hire
More informationIN THE HIGH COURT OF JUSTICE BETWEEN. RADHIKA CHARAN KHAN a/c RADICA CHARAN KHAN AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Claim No. CV2011-04688 BETWEEN RADHIKA CHARAN KHAN a/c RADICA CHARAN KHAN Claimant AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant
More informationLaw of the Child (Juvenile Court Procedure)
GOVERNMENT NOTICE NO. 182 published on 20/5/2016 THE LAW OF THE CHILD ACT, (CAP. 13) ARRANGEMENT OF RULES Rule Title 1. Citation. 2. Application of the Rules. 3. Interpretation. PART I PRELIMINARY PROVISIONS
More informationA & A MECHANICAL CONTRACTORS AND COMPANY LIMITED PETROLEUM COMPANY OF TRINIDAD AND TOBAGO
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV 2010-01244 BETWEEN A & A MECHANICAL CONTRACTORS AND COMPANY LIMITED CLAIMANT AND PETROLEUM COMPANY OF TRINIDAD AND TOBAGO DEFENDANT BEFORE
More informationIN THE HIGH COURT OF JUSTICE BETWEEN MARILYN LANE AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV 2014-03332 BETWEEN MARILYN LANE Claimant AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant Before the Honourable Mr. Justice
More informationTHE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV 2015 04099 Between Yvonne Rampersad (The Legal Personal Representative of Elias Hunte, deceased) Claimant And Amon Hunte Edmund Hunte
More informationIN THE HIGH COURT OF JUSTICE BETWEEN AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO FIRST NAMED DEFENDANT AND AND
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Claim No. CV 2016-01420 BETWEEN RICKY PANDOHEE CLAIMANT AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO FIRST NAMED DEFENDANT AND THE PRESIDENT,
More informationThe Judicial System in Cameroon. Edited by: JUSTICE AND PEACE COMMISSION ARCHDIOCESE OF BAMENDA
The Judicial System in Cameroon Edited by: JUSTICE AND PEACE COMMISSION ARCHDIOCESE OF BAMENDA The Judicial Organization of Cameroon as contained in the law on judicial organization comprises the following
More informationIN THE HIGH COURT OF JUSTICE BETWEEN PADMA DASS AND
THE REPUBLIC OF TRINIDAD AND TOBAGO Claim No. CV 2012-03309 IN THE HIGH COURT OF JUSTICE BETWEEN PADMA DASS AND Claimant RAMNATH BALLY SHAZMIN BALLY Defendants Before the Honourable Justice Frank Seepersad
More informationTHE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV BETWEEN AND. Before the Honourable Mr Justice Ronnie Boodoosingh
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV 2011 00977 BETWEEN ADINA HOYTE CLAIMANT AND DONALD WOHLER DEFENDANT Before the Honourable Mr Justice Ronnie Boodoosingh Appearances:
More informationCONSULTATION: Introducing new measures to tackle stalking
To help us with your evaluation it would be helpful to know if you are responding as a member of the public or from an organisation. Office of the Police and Crime Commissioner for Thames Valley 1 Are
More informationDescribe the powers of the police to arrest a person on the street [18]
Police Powers [2]: Arrest By the end of this unit you will be able to [AO1]: Explain when the police can arrest an individual with a warrant. Explain when the police can arrest an individual without a
More informationPolice stations. What happens when you are arrested
Police stations What happens when you are arrested This factsheet looks at what happens at the police station when the police think you have committed a crime. This factsheet may help you if you, or someone
More informationIN THE HIGH COURT OF JUSTICE
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV 2014-01905 BETWEEN MUKESH LUTCHMAN Claimant AND AIRPORTS AUTHORITY OF TRINIDAD AND TOBAGO Defendant Appearances: Mr Mc Master and Mr
More informationIN THE COURT OF APPEAL BETWEEN AND
REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL CvA. No. 43 OF 2001 BETWEEN STEVE WILLIAMS APPELLANT AND THE STATE RESPONDENT CORAM: L. Jones, J.A. M. Warner, J.A. A. Lucky, J.A. APPEARANCES: Mr.
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE NOVEMBER 1997 SESSION
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE NOVEMBER 1997 SESSION FILED December 23, 1997 WILLIE JOSEPH LAGANO, Cecil W. Crowson Appellate Court Clerk Appellant, No. 01C01-9701-CC-00009
More informationLEGISLATIVE HOUSES (POWERS AND PRIVILEGES) ACT
LEGISLATIVE HOUSES (POWERS AND PRIVILEGES) ACT ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. Freedom of speech 3. Immunity from proceedings. Evidence before committees 4. Power of committee
More informationBETWEEN GARNER AND GARNER LIMITED AND
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV 2010 03244 BETWEEN GARNER AND GARNER LIMITED CLAIMANT AND ROOPCHAN CHOOTOO DEFENDANT Before the Honourable Mr Justice Ronnie Boodoosingh
More informationIN THE HIGH COURT OF JUSTICE BETWEEN AND THE ATTORNEY GENERAL
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Claim No. CV2009-04393 BETWEEN TALAT TEDDY HOSEIN CLAIMANT AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO DEFENDANT Before the Honourable Mr.
More informationCOUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS FOURTH SECTION. CASE OF LAGERBLOM v. SWEDEN. (Application no /95) JUDGMENT
CONSEIL DE L EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS FOURTH SECTION CASE OF LAGERBLOM v. SWEDEN (Application no. 26891/95) JUDGMENT STRASBOURG 14 January
More informationCriminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court
Criminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court Contents Part 1 Underpinning knowledge...3 1.1 An understanding
More informationA GUIDE TO CIVIL ACTIONS AGAINST THE POLICE
A GUIDE TO CIVIL ACTIONS AGAINST THE POLICE A GUIDE TO CIVIL ACTIONS AGAINST THE POLICE THE AIM OF THIS BOOKLET IS TO PROVIDE SOME ASSISTANCE IN THE FIELD OF CIVIL ACTIONS AGAINST THE POLICE CONTENTS 02
More informationTHE DISTRICT AND INTERMEDIATE COURTS (CRIMINAL JURISDICTION) ACT 1888
THE DISTRICT AND INTERMEDIATE COURTS (CRIMINAL JURISDICTION) ACT 1888 Act 35/1852 LANE CAP 174 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Non-application to other islands PART
More informationIN THE HIGH COURT OF JUSTICE. San Fernando BETWEEN MCLEOD RICHARDSON AND AVRIL GEORGE
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE San Fernando Claim No. CV2017-01755 BETWEEN MCLEOD RICHARDSON Claimant AND AVRIL GEORGE Defendant Before Her Honour Madam Justice Eleanor J.
More informationIn the High Court of Justice BETWEEN JOEL CROMWELL AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO
The Republic of Trinidad & Tobago In the High Court of Justice Claim No. CV2009-01446 BETWEEN JOEL CROMWELL CLAIMANT AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO DEFENDANT Before the Honourable Mr Justice
More informationIN THE HIGH COURT OF JUSTICE. Between ROBERTO CHARLES AND SHASTRI PRABHUDIAL
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Claim No. CV2015-02739 Between ROBERTO CHARLES BHAMINI MATABADAL Claimants AND SHASTRI PRABHUDIAL Defendant Before The Honourable Mr. Justice
More informationIN THE MATTER OF THE JUDICIAL REVIEW ACT, NO. 60 OF 2000 AND IN THE MATTER OF AN APPLICATION BY CANSERVE CARIBBEAN LIMITED FOR JUDICIAL REVIEW BETWEEN
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV No. 2009 03446 IN THE MATTER OF THE JUDICIAL REVIEW ACT, NO. 60 OF 2000 AND IN THE MATTER OF AN APPLICATION BY CANSERVE CARIBBEAN LIMITED
More informationIN THE HIGH COURT OF JUSTICE. Between STEPHEN LORENZO LODAI. And NAGICO INSURANCE COMPANY LIMITED. (formerly known as GTM INSURANCE COMPANY LIMITED)
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Claim No. C.V. 2014-01715 Between STEPHEN LORENZO LODAI Claimant And NAGICO INSURANCE COMPANY LIMITED (formerly known as GTM INSURANCE COMPANY
More informationSaugeen Shores Police Service Discipline Hearing. In the Matter of Ontario Regulation 268/10. Made Under the Police Services Act, R.S.O.
Saugeen Shores Police Service Discipline Hearing In the Matter of Ontario Regulation 268/10 Made Under the Police Services Act, R.S.O. 1990, And Amendments Thereto: And In The Matter Of Saugeen Shores
More informationIN THE HIGH COURT OF JUSTICE BETWEEN AND. TROPICAL MAINTENANCE AND GENERAL CONTRACTING LIMITED Defendant
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Claim No: CV2016-02551 BETWEEN CADMUS HOLDINGS LIMITED Claimant AND TROPICAL MAINTENANCE AND GENERAL CONTRACTING LIMITED Defendant Before
More informationCOUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS
CONSEIL DE L EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS COURT (CHAMBER) CASE OF ISGRÒ v. ITALY (Application no. 11339/85) JUDGMENT STRASBOURG 19 February
More informationEd Cape Professor of Criminal Law and Practice
Ed Cape Professor of Criminal Law and Practice A legislative presumption that release without charge should be unconditional A release on pre-charge bail should only be made if it is both necessary and
More informationIN THE SUPREME COURT OF BELIZE A.D (CIVIL) CLAIM NO. 389 of 2015 ALRICK SMITH SANDRA CASEY LEON SMITH TAMIEKA SMITH ISHAIDA BROOKS AND
IN THE SUPREME COURT OF BELIZE A.D. 2015 (CIVIL) CLAIM NO. 389 of 2015 BETWEEN ALRICK SMITH SANDRA CASEY LEON SMITH TAMIEKA SMITH ISHAIDA BROOKS AND 1 st Claimant 2 nd Claimant 3 rd Claimant 4 th Claimant
More informationTHE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE BETWEEN AND. THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant *************
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV2011-00312 BETWEEN CURTIS BARKER JASON TITUS Claimants AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant ************* DECISION
More informationIN THE HIGH COURT OF JUSTICE BETWEEN FRANCIS VINCENT AND
IN THE REPUBLIC OF TRINIDAD AND TOBAGO CV2008-01217 IN THE HIGH COURT OF JUSTICE BETWEEN FRANCIS VINCENT AND Claimant Before: Master Alexander MERLENE VINCENT First Defendant THE ATTORNEY GENERAL OF TRINIDAD
More informationQ. What is Bail? Q. What is a Bailable and Non-Bailable offence?
Q. What is Bail? The purpose of arrest and detention of a person is primarily to make sure that the person appears before the court at the time of trial and if he is found guilty and is sentenced to imprisonment,
More informationCHAPTER 242 ADMINISTRATION OF ESTATES (JURISDICTION AND PROCEDURE) /
CHAPTER 242 ADMINISTRATION OF ESTATES (JURISDICTION AND PROCEDURE) 1891-15 Parts I, II, IV of this Act came into operation on 30th May, 1891. Parts III, V and VI of this Act came into operation on 15th
More informationIN THE SUPREME COURT OF FLORIDA CASE NO. SC BERTHA JACKSON, PETITIONER, vs. STATE OF FLORIDA, RESPONDENT.
IN THE SUPREME COURT OF FLORIDA CASE NO. SC07-659 BERTHA JACKSON, PETITIONER, vs. STATE OF FLORIDA, RESPONDENT. ON DISCRETIONARY REVIEW FROM THE SECOND DISTRICT COURT OF APPEAL BRIEF OF PETITIONER ON JURISDICTION
More informationMr Esan Granderson and Ms Smart for the Second and Third Defendants
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV 2008-00827 BETWEEN ALVIN BERNARD PATRICIA BERNARD FIRST CLAIMANT SECOND CLAIMANT AND SALLY BUTE (The Sole Executrix Named In The Last
More informationIN THE HIGH COURT OF JUSTICE BETWEEN HERMITAGE PROPERTIES LIMITED AND
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV 2016-03378 BETWEEN HERMITAGE PROPERTIES LIMITED CLAIMANT AND COLONIAL LIFE INSURANCE COMPANY (TRINIDAD) LIMITED DEFENDANT Before the
More informationGuidance for Children s Social care Staff around the use of Police Protection
Guidance for Children s Social care Staff around the use of Police Protection This Guidance has been issued in response to concerns raised at the Inspection of Safeguarding and Looked After Children Services
More informationHave improved knowledge of how to review, analyse and present cases for a bail application and to oppose adjournment applications
Have improved knowledge of how to review, analyse and present cases for a bail application and to oppose adjournment applications Better awareness of witness care and handling of exhibits How to manage
More informationPapua New Guinea Consolidated Legislation
Papua New Guinea Consolidated Legislation Employment of Non-Citizens Act 2007 No. 10 of 2007. Employment of Non-Citizens Act 2007. Certified on: 1/10/2007. No. 10 of 2007. Employment of Non-Citizens Act
More informationHEARING HEARD IN PUBLIC
HEARING HEARD IN PUBLIC LIMBU, Dino Registration No: 246153 PROFESSIONAL CONDUCT COMMITTEE AUGUST 2015 Outcome: Fitness to practise impaired; erasure with an immediate suspension order Dinu LIMBU, a dental
More informationCHILDREN COURT RULES, 2018
CHILDREN COURT RULES, 2018 CONTENTS Rule Page PART 1 CITATION, COMMENCEMENT AND POWERS Citation and Commencement Rule 1.1 Definitions Rule 1.2 Application of the Rules Rule 1.3 Effect of non-compliance
More informationIN THE HIGH COURT OF TRINIDAD AND TOBAGO BETWEEN. CURTIS LACKHANSINGH Claimant AND
TRINIDAD AND TOBAGO IN THE HIGH COURT OF TRINIDAD AND TOBAGO CV 2007-00687 BETWEEN CURTIS LACKHANSINGH Claimant AND P. C. HAREWOOD No. 3831 AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendants Before
More informationIN THE HIGH COURT OF JUSTICE BETWEEN AND. THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Claim No. CV2013-04647 BETWEEN KADIR MOHAMMED Claimant AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant Before the Honorable Mr.
More informationIMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT 27 OF ] (English text signed by the President)
IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT 27 OF 2002 [ASSENTED TO 12 JULY 2002] [DATE OF COMMENCEMENT: 16 AUGUST 2002] ACT (English text signed by the President) Regulations
More informationIN THE COURT OF APPEAL. Between THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO. And
REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Civil Appeal No. S 304 of 2017 Between THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Appellant And MARCIA AYERS-CAESAR Respondent PANEL: A. MENDONÇA,
More informationWanted Persons SI0118
SI Identification Number Policy Ownership SI0118 Legacy and Justice SI0118 Wanted Persons Issue Date 12/04/2018 Review Date Last Updated Governing Service Policy Cancellation of Classification 5 years
More informationIN THE HIGH COURT OF JUSTICE BETWEEN MOHANLAL RAMCHARAN AND CARLYLE AMBROSE SERRANO
REPUBLIC OF TRINIDAD AND TOBAGO CV2011-02646 IN THE HIGH COURT OF JUSTICE BETWEEN MOHANLAL RAMCHARAN AND Claimant CARLYLE AMBROSE SERRANO Defendant BEFORE THE HONOURABLE MADAM JUSTICE JUDITH JONES Appearances:
More informationMagistrate Court of Cherokee County The Warrant Application Process
Magistrate Court of Cherokee County The Warrant Application Process The issuance of a criminal arrest warrant is a serious matter. The court does not take lightly the arrest and incarceration of an individual.
More informationIN THE HIGH COURT OF JUSTICE BETWEEN AND THE ATTORNEY GENERAL
REPUBLIC OF TRINIDAD AND TOBAGO No. CV 2007-1747 IN THE HIGH COURT OF JUSTICE BETWEEN DEOSARAN PALAKDHARI Claimant AND THE ATTORNEY GENERAL Before The Honourable Madam Justice Dean-Armorer Defendants Mr.
More informationProvincial Offences Act R.S.O. 1990, CHAPTER P.33
Français Provincial Offences Act R.S.O. 1990, CHAPTER P.33 Consolidation Period: From May 15, 2012 to the e-laws currency date. Last amendment: 2011, c. 1, Sched. 1, s. 7. SKIP TABLE OF CONTENTS CONTENTS
More informationIN THE COURT OF APPEAL OF BELIZE, A.D. 2006
IN THE COURT OF APPEAL OF BELIZE, A.D. 2006 CRIMINAL APPEAL NO. 20 OF 2005 BETWEEN: JAVIER RAMIREZ Appellant AND THE QUEEN Respondent BEFORE: The Hon. Mr. Justice Mottley President The Hon. Mr. Justice
More informationPOLICE COMPLAINTS AUTHORITY ACT
POLICE COMPLAINTS AUTHORITY ACT CHAPTER 15:05 Act 8 of 2006 Amended by 12 of 2011 Current Authorised Pages Pages Authorised (inclusive) by 1 2.. 3 6.. 7 8.. 9 25.. 2 Chap. 15:05 Police Complaints Authority
More informationIN THE HIGH COURT OF JUSTICE IN THE MATTER OF THE JUDICIAL REVIEW ACT, CHAP 7:08 AND IN THE MATTER OF THE CUSTOMS ACT AND
THE REPUBLIC OF TRINIDAD AND TOBAGO CV 2017 02013 IN THE HIGH COURT OF JUSTICE IN THE MATTER OF THE JUDICIAL REVIEW ACT, CHAP 7:08 AND IN THE MATTER OF THE CUSTOMS ACT AND IN THE MATTER OF THE DECISION
More information