THE state’s failure to defend a malicious prosecution lawsuit, which saw an eventual order by a Master of over $20 million in compensation to nine men acquitted of the murder of Vindra Naipaul-Coolman, was blamed on the case file somehow disappearing.
This was the explanation given to the country, including the Prime Minister, at a media conference called by Attorney General Reginald Armour, SC, on Wednesday.
Before the assembled media and the listening and viewing public, Armour dramatically took a large, thick file and dumped it on a table. He then went to the lectern to give his explanation.
He said the Naipaul-Coolman case file was delivered to the Solicitor General’s office, a subdivision of the Attorney General’s office responsible for defending the state against civil matters, and was never seen again.
Armour claimed the State had a “slam dunk” defence and owing only to the lack of a file, judgement was handed down in favour of the nine men.
He said “the causing of the file to disappear” will be investigated and in the shortest possible time, expects a report, on which he will as much as possible, account to the country.
Asked what message he had to citizens upset that something as insignificant as a missing file could cost the country what is believed to be the largest payout in its history, Armour said he understands their angst and he too wants justice.
Among those perplexed and concerned about the State's failure to proffer a defence to the malicious prosecution case, is Armour's boss Dr Rowley, who on Tuesday said he too was awaiting an explanation.
“I completely understand the ire of the public. I rushed to have this media conference because I recognised the public is due some explanation, as inadequate as my explanation at the point might be.
[caption id="attachment_998915" align="alignnone" width="890"] CONCERNED: Prime Minister Dr Keith Rowley. -[/caption]
"I can associate the sense of outrage the public must feel. I understand the ire that people seemed to ‘get a bligh,’ a free pass in many circumstances, where they should be held accountable.”
“For those of you who wish to believe it, for the short time that I have been in office and the time that I shall remain in office, I don’t subscribe to the philosophy that people can commit crimes and walk away. And I would like to see accountability where accountability is due,” Armour said.
Armour deemed the file's disappearance as “sinister” and assured the matter will be fully investigated by an external investigator. He will seek legal counsel from a senior attorney on whether or not to involve the police and any necessary forensic investigation required.
The AG said he will also seek advice on whether or not an appeal of the decision can be pursued, to set aside the judgement pending the outcome of the appeal, adding that the default judgement, which triggered the final judgement, can be appealed.
The statement of case was filed on May 29, 2020,
