Ramsarran v. The Attorney General of Trinidad and Tobago (Trinidad and Tobago)

Ramsarran v. The Attorney General of Trinidad and Tobago (Trinidad and Tobago) [2005] UKPC 8 (28 February 2005)

ADVANCE COPY

Privy Council Appeal No. 18 of 2004

Rajesh Ramsarran Appellant

v.

The Attorney General of Trinidad and Tobago Respondent

FROM

THE COURT OF APPEAL OF

TRINIDAD AND TOBAGO

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JUDGMENT OF THE LORDS OF THE JUDICIAL

COMMITTEE OF THE PRIVY COUNCIL,

Delivered the 28th February 2005

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Present at the hearing:-

Lord Bingham of Cornhill

Lord Hoffmann

Lord Scott of Foscote

Lord Rodger of Earlsferry

Lord Carswell

[Delivered by Lord Carswell]

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The appellant Mr Rajesh Ramsarran had a very unhappy experience at the hands of the authorities in Trinidad. In August 1997 he was arrested by police officers for non-payment of a fine, which had in fact been paid some eighteen months before. Although he repeatedly protested that the fine had been paid, he was detained in custody for three days before a check on the records was carried out and revealed that that was correct. In the proceedings which he subsequently brought the court made a declaration that he had been wrongfully deprived of his liberty, contrary to the provisions of the Constitution of Trinidad and Tobago, and awarded him damages, to be assessed by a Master. The judge held, however, that he was not entitled to the declarations which he sought, that there had been a breach of his right to retain and instruct a legal adviser on his arrest and to be informed of his right to do so. The Court of Appeal dismissed his appeal against this ruling and the appellant has brought the present appeal to the Privy Council, by leave of the Court of Appeal.

On 30 April 1986 the appellant, having opted for summary trial, pleaded guilty to a charge of possession of cocaine. The magistrate imposed a fine of $2500.00 and ordered that on non-payment he was to serve nine months' imprisonment with hard labour. He appealed against the sentence, but on 27 February 1996 his appeal was dismissed and the sentence was affirmed by the Court of Appeal. The court directed the fine to be paid forthwith, and as the appellant did not have sufficient money with him he was committed immediately to prison, to serve a term of nine months unless the fine was paid. He remained in prison until the following day, when the fine was paid on his behalf, less a small discount for the time served in prison.

On 20 August 1997 police officers arrested the appellant on a warrant of commitment for non-payment of the fine and took him to Chaguanas police station. He was placed in a cell about 9 pm and kept there overnight, and on the following day he was transferred to Golden Grove Prison. On 22 August he was taken to Port-of-Spain Prison. He was released at 3.30 pm on 23 August 1997. The appellant complained in his grounding affidavit of the extremely unpleasant and crowded conditions in which he…

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