The Barbados government has accepted blame for the “forcible removal” of gun dealer Brent Thomas from his hotel room on the Caribbean island by its police force in 2022.
In a letter obtained by Newsday, the attorney for Barbados’ Attorney General Dale Marshall, SC, said the island’s government had accepted liability on his advice.
“I have advised my client that the State of Barbados should accept liability in respect of the claim for breach of section 18 of the Constitution of Barbados,” Roger Forde, KC, informed Thomas.
That section deals with the right to a fair hearing and protection of the law. Forde’s letter also said, “In the circumstances, kindly send me a claim on quantum together with authorities in support of the same.
He also added, “I am of the view that many of the documents requested by you touch and concern liability which my client has agreed to accept.”
The parties are locked in negotiations on an agreed settlement which is likely to be substantial.
Thomas initiated legal action seeking compensation for the “egregious conduct” of the Barbadian authorities as well as several declarations relating to his “arrest, detention and forced repatriation” by the Barbados Police Service.
He demanded to know who gave the directive which led to his “unlawful abduction” from a hotel room in Barbados on October 5, 2022, as stated by Justice Devindra Rampersad in his ruling on Thomas’ constitutional challenge in April 2023.
“It is well established that individually or cumulatively, members of the BPS (Barbados Police Service) acted outwith the law and refused to afford our client the protection of the law afforded to him by the Constitution.
“The laws of Barbados did not authorise any of the acts of the BPS relative to our client which occurred on October 5, 2022,” Marshall was told by Thomas’ attorneys in a pre-action protocol letter.
Thomas, 61, is the owner of the Specialist Shooters Training Centre (SSTC), which has been one of the main suppliers of guns, ammunition and other security equipment to various arms of the State for over 20 years, is represented by local attorneys Fyard Hosein, SC, Aadam Hosein, Clay Hackett, and Barbadian attorney Nicholas Jackman.
In November 2022, Thomas filed a constitutional claim against the State and sued over the criminal charges against him.
The latter were stayed by Rampersad who condemned the police officers, both locally and from Barbados, for their method of capturing and bringing Thomas back to TT.
The State had also admitted that Thomas’ return to TT was unlawful but has appealed aspects of Rampersad’s ruling. The appeal will be heard towards the end of July.
Rampersad is also expected to decide on compensation which could also be substantial.
In his letter to Marshall, Thomas has asked for details from the Barbadian authorities. Jackman urged the Barbadian AG to provide the information, which, he said the State would be obliged to give if the matter goes to trial.
Thomas’s legal team wants the names and ranks of the members of the TT
