IN WHAT may be the largest award in TT’s judicial history, the nine men acquitted of the murder of businesswoman Vindra Naipaul-Coolman in 2016, will each receive $2.1 million in damages for malicious prosecution, which after additional costs amounts to $20 million.
In total, High Court Master Martha Alexander on Monday awarded a total of $19,168,917.56, representing the award for malicious prosecution and exemplary damages; costs amounting to $200,917.56; and the cost for an expert witness of $68,000.
Interest will be added to the damages for each man, at a rate of 2.5 per cent, from May 29, 2020, to January 30 this year, which will push the final figure up.
The nine – Shervon Peters, Devon Peters, Anthony Gloster, Joel Fraser, Ronald Armstrong, Keida Garcia, Jameel Garcia, Marlon Trimmingham and Antonio Charles - were among ten men who went on trial in 2016 for Naipaul-Coolman’s murder.
Eight were acquitted and one released after a no-case submission was upheld by the trial judge.
Two men – Earl "Bobo" Trimmingham and Lyndon "Iron" James – were ordered to be re-tried for Naipaul-Coolman's gruesome murder, while Allan "Scanny" Martin, who was also on trial, was killed in 2016 during a failed prison break from the Frederick Street prison in Port of Spain.
In October 2021, Gloster was killed in a drive-by shooting in Diego Martin.
[caption id="attachment_998534" align="alignnone" width="464"] MURDERED: Businesswoman Vindra Naipaul-Coolman who was kidnapped and murdered. Her body has never been found. FILE PHOTO[/caption]
STATE FAILS TO DEFEND
The nine filed a malicious prosecution claim in May 2020 which was not defended by the State, despite having entered an appearance. The nine were represented by Anand Ramlogan, SC, Renuka Rambhajan, Ganesh Saroop and Natasha Bisram.
In July 2021, Justice Joan Charles entered judgment in their favour and sent the matter to a master for assessment.
At the assessment stage, attorneys for the nine presented testimony from an expert witness – clinical psychologist Isolde Ali Ghent-Garcia, on the effect nine years of incarceration had on them.
“Persons plucked out of society and thrown into a maelstrom where they are incarcerated for nine years on questionable evidence, should not be expected to adjust, survive or thrive in abysmal prison conditions such as to justify 'tapering off' compensatory awards,” Master Alexander said in her ruling.
In addition to Ghent-Garcia’s evidence, the nine also spoke of “abysmal prison conditions.”
As she referred to a decision by Justice Carol Gobin on the issue of cruel and inhumane conditions in prison, Alexander said, “unfortunately, this might no longer shock the conscience of this nation.”
“These prison experiences suffered by the present claimants were deplorable, mentally grating, sub-human conditions. Such shocking conditions applied across the prison system while they were incarcerated at the various prison institutions and police stations,” she added.
Conditions included overcrowding, poor ventilation, poor l
