Murder victim’s wife to sue PM

LILAWATIE Ramcharan of Penal, whose husband was murdered in March last year, was yesterday granted leave by a High Court judge to sue for the Prime Minister’s failure to appoint members of the Criminal Injuries Compensation Board (CICB). Ramcharan’s attorney Kamla Persad-Bissessar (who is MP for Siparia) instructed by Carol Cuffy Dowlat, succeeded in convincing Justice Rajendra Narine that there was merit in Ramcharan’s claim that the non-existence of the Board resulted in relatives of victims of crimes being unable to seek compensation under the Criminal Injuries Compensation Act (CICA), passed by the former UNC Government in 1999.

Ramcharan filed the lawsuit in the Sub-Registry in San Fernando on Thursday and appeared before Justice Narine in the Third Civil Court yesterday for the hearing. Since the CICA became law in 1999, no Board was ever appointed, even by the former UNC administration which demitted office in 2001.  Five years have passed without a Board, whose members must be appointed to act for three years. In documents filed in court, relatives of victims of murder, manslaughter, robbery and a range of other offences against the person, are allowed to apply to the Board for monetary compensation. The Act only allows a period of one year for filing applications for compensation. In an affidavit, Ramcharan stated her husband Ralphy was chopped to death. Four persons were committed to stand trial for his murder.

Ramcharan went on to state that her late husband was the sole breadwinner and currently owes the Trinidad and Tobago Mortgage Finance Company $83,000 plus interest for this year’s installment on their house. Stating she was informed of her right to apply to the CICB for compensation, Ramcharan contended she is unable to do so because there is no Board in place to entertain her application. Appointment of the Board falls within the purview of the Ministry of Social Services in the Office of the Prime Minister.

Persad-Bissessar submitted to Justice Narine that many crimes had been committed since the passing of the Act, but victims and their dependants are being deprived of their Statutory right to apply for compensation. And with each passing day the Board remains non existent, the attorney submitted, the Prime Minister’s failure to perform his statutory duty continues to be unlawful. Justice Narine granted leave to Ramcharan to seek judicial review and ordered the court documents be served on the Prime Minister by Tuesday. The judge further ordered that response to the action be filed by March 2. He fixed March 26 for hearing of the application.