A HIGH COURT judge has again advised the department which handles civil litigation for the State to reinvent its processes to ensure efficiency.
Justice Frank Seepersad admitted he was “perturbed” after he had to adjourn a trial of a malicious prosecution claim brought by a Princes Town businesswoman who was arrested and charged with human trafficking in 2014. The trial has now been set for May 13 and 14.
In August 2022, the judge had to advocate for changes to the understaffed state law departments when the State missed the deadline for the filing of its defence.
Alana Lagan had applied for default judgment, but the court was told some internal administrative imbroglio caused by inconsistent record-keeping led to a miscalculation of the date the defence was due.
On Monday, Seepersad was told the lead advocate for the State was ill.
“I am perturbed by what I see unfolding in the Solicitor General and Chief State Solicitor departments. It appears that these departments are acutely understaffed.”
He said it was “unfathomable” that hundreds of millions of dollars were spent to retain private attorneys to represent the State, but the same resources were not being deployed internally to relieve the burden of the overworked lawyers in the state departments.
Seepersad said it was time for a critical review of the administration of these departments, since it was a waste of resources to vacate two trial days “when people are clamouring” for their day in court.
He advocated for alternative arrangements to be put in place so cases can proceed even when “unfortunate incidents” take place, since, he said, it was happening with “alarming frequency.”
The instructing attorney for the State told him 11 new officers were expected to be appointed to the Chief State Solicitor’s department, and the civil law departments also felt part of the frustration the judge expressed, as they had to wait on third parties, such as the police, to get instructions to defend lawsuits against the State.
However, Seepersad said the “tail does not wag the dog” and disciplinary action should be taken against those agents of the State if they failed to make themselves available in a timely fashion in breach of their obligations.
In her claim, Lagan is seeking compensation for false imprisonment, malicious prosecution as well as special damages. Her lawsuit says the police constantly harassed her husband after he refused to pay to have charges of possession of guns and ammunition against him dropped.
Eventually, the charges were dropped and Lagan’s husband reported the matter to the police’s Professional Standards Bureau before he was killed in St Joseph Village on May 23, 2015.
In June 2015, she was arrested for “exploiting” friends who had stayed at her home – one of whom claimed she was having an affair with Lagan’s husband – and then charged with trafficking in persons.
After 24 court appearances, the charges were eventually dropped, on July 31, 2019. Lagan also contended she had to scale down the number of burger-cart bu
