Judge orders compensation for 2 Tobago men who were charged with murder

THE State has been ordered to pay over $.8 million in compensation to two Tobago men who were jointly charged for a 2008 murder.

Justice James Aboud ordered that Keron Quamina, a snack vendor, and Malco Kent, a craft vendor, are to each receive $$350,000 in damages while Kent is to receive an additional $120,000 for loss of earnings and for his legal fees at the magistrates’ court, while Qumaina is to receive an additional $45,000 for loss of earnings.

Interest was added to the sums to be paid to both men who were jointly charged in 2010 for the November 26, 2008, murder of hardware owner, Billy Caesar.

The charges against both men were dismissed in February 2011 at the Scarborough Magistrates Court. According to Aboud’s judgment, the prosecution’s case against both men were based on a written statement of Kirk Thomas, a wanted man who never appeared before the magistrate, but who identified both men as Caesar’s killers.

Aboud pointed out that it was discovered at the trial for malicious prosecution and false imprisonment before him that Thomas was not interviewed by PC Eastman who charged Quamina and Kent.

Both men were imprisoned for 418 days before the charges against them were dismissed.

In its defence, the State said Eastman received advice from the then acting Director of Public Prosecutions that there was sufficient information to charge both men.

According to Thomas’ written statement, there was a plan to rob Caesar’s hardware. He alleged the plan was hatched by Kent and someone called Flash and these two were the killers.

“Many crucial parts of the statement contain conjecture or are based on sketchy information that a prudent officer of the law ought to have considered needful of further investigation,” Aboud said in his decision.

The judge said a deeper investigation was more prudent and essential since Thomas “had mysteriously gone underground shortly after giving the statement, “and could not be located. It was also the first time that ASP Nurse, who took the statement, met Thomas and did not ask him for identification.

When the preliminary inquiry started, Nurse said he visited Thomas’ home and tried calling him on his mobile, but he could not be found.

“If the policemen on two small islands cannot locate someone, it is either they are not looking diligently enough, or the person is in hiding. I am not sure, with all respect, that ASP Nurse was being truthful when he said he visited his home. The best time to find someone at home is at night. I do not know what time he visited,” Aboud said.

He said he was not satisfied that ASP Nurse did any proper investigation into Thomas’s background and in reading the transcripts of the preliminary inquiry, Eastman prosecuted a “flimsy case based on the statement of a fugitive from justice who ought to have been expected not to testify.”

Aboud said he was of the opinion that Eastman was prompted by improper and indirect motives in charging the two men and had no reasonable and probable cause to do so.

“PC Eastman relied on the belief of ASP Nurse that the statement was genuine and reliable and that its maker was credible,” he pointed out.

In awarding damages, the judge said the proper thing to do was to uplift the award for general damages since both men “were not incarcerated at the Hyatt Regency hotel. Incarceration for murder in remand as an accused person is not much less damaging to one’s psyche than being incarcerated in prison as a convicted person.

“In fact, because of the overcrowded conditions in remand, it is likely to be worse,” he said, adding that the police were agents of the State with substantial powers and responsibilities.

“It is their duty to ensure that they execute these powers carefully and responsibly especially when they investigate a serious offence such as murder. Their actions impact directly on the accused and indirectly on their families and friends,” he said.

“In my view, where a charge carries such serious consequences there is an onerous duty on a prosecutor to ensure that he has cogent evidence before laying a murder charge. This duty was not discharged in the case before me.

“In the course of this judgment I have already criticised the shoddy investigative work and the illogical reliance on a fugitive’s hearsay statement. A prosecution is not an unstoppable juggernaut,” he added.

The men were represented by Rekha Ramjit and Alvin Pariagsingh while Josefina Baptiste-Mohammed, Ebo Jones and Nairob Smart appeared for the State.