Judge slams Coast Guard for abuse of power

Justice Carol Gobin also found that the police acted out of malice in laying charges 13 years ago against the fisherman — Kawal Rajkumar — of shooting at members of the Coast Guard.

On December 15, 1992, fishermen Rajkumar and Charles Alphonso left Waterloo Bay in the boat "Sea Angel" on a fishing expedition. In a lawsuit against the State, Rajkumar stated that a Coast Guard vessel pulled alongside the Sea Angel at about 11 pm.

Rajkumar was ordered to switch off the boat engine, but he stated that his engine was experiencing mechanical problems and in order to switch it off, he had to engage the choke.

The engine only shut off when it became flooded, he stated.

Rajkumar said that when he pulled the choke, the engine kept running for a while. "One of the officers told me to move aside. He put a long gun to the engine and shot it.

Splinters hit me in my foot and it began to bleed," Rajkumar stated in the lawsuit.

However, Rajkumar, who was airlifted by helicopter to Staubles Bay, was charged with possession of a firearm and ammunition. He was also slapped with charges of shooting at Coast Guard officers. The charges were laid by PC Salandy.

Rajkumar filed a constitutional motion against the State, alleging malicious prosecution. Attorney Kevin Rattiram, instructed by Asaf Hosein, argued Rajkumar’s case.

The State, represented by Karen Fournillier, instructed by Rehana Hosein, defended the lawsuit.

In a written judgment, Gobin stated that no evidence was led in the criminal charges against Rajkumar and the cases were dismissed in the High Court.

Gobin stated, "I also found that PC Salandy and the Coast Guard officers colluded to introduce evidence of a search and dive operation for the firearm allegedly used by the plaintiff (Rajkumar) at the trial before me and for the first time and 13 years after the incident at sea."

Stating that Salandy and the Coast Guard had tried to give credibility to their case, the judge added, "This confirms the suspicion that indeed the laying of the charges might have also been the result of some sort of arrangement between the police and the Coast Guard officers designed to bring pressure to bear on the plaintiff (Rajkumar) because of his threat to sue."

In awarding special, aggravated and exemplary damages totalling $119,000, Gobin stated in her judgment that the Coast Guard abused its power. The judge stated, "I indicated in my oral reasons for allowing the plaintiff’s claim, that I had found that the Coast Guard officers were actuated by malice. Their actions constituted a serious abuse of power."