I WANT $.5M, HOUSE, LAND

Justice Frank Seepersad heard that Christopher Booker admitted to writing a letter dated January 11, in which he requested from the HDC, a house for his daughter in Curepe or Mt Hope; a parcel of land to build his own home and do agriculture and $500,000.

The letter was produced in the San Fernando High Court by attorneys defending the HDC against a lawsuit filed by Lionel Rackal who is seeking damages for the death of his wife Denise, 46, who was mauled by two pitbulls while at their HDC home in Edinburgh Gardens, Chaguanas.

Rackal claims the HDC had an obligation to ensure such dangerous dogs are not kept by tenants at its properties.

Rackal as well as tenants of the HDC living at Edinburgh Gardens, have already testified that complaints about the pitbulls were made to the corporation but nothing was done despite a HDC/tenant agreement that bars the keeping of dangerous dogs on HDC compounds. Booker gave evidence on February 23, on Rackal’s behalf, stating he received complaints about the pitbulls and wrote to the HDC complaining that the dogs had even attacked him. Attorney Prem Persad Maharaj led evidence from Booker. In 2011, Booker was dismissed by the HDC.

The HDC is defending itself saying it cannot be held liable as it was not notified and thus was unaware of dogs roaming its Edinburgh Gardens development.

The HDC denied Booker’s contention that complaints were made about the dogs. Following Booker’s evidence in February, attorney Shakar Bidasie who is representing the HDC, wrote to the court requesting the HDC be allowed to lead fresh evidence, based on a letter which had surfaced.

The attorney said Booker wrote a letter in January (before giving evidence) that he would testify instead to assist the HDC, in certain legal matters, but under certain conditions. Justice Seepersad granted Bidasie leave, but Rackal’s attorney Maharaj petitioned the Court of Appeal which dismissed his application and upheld Justice Seepersad’s ruling that Booker be cross-examined by Bidasie, on the letter.

Yesterday, Booker was called to the witness stand and was presented with the letter which was dated January 11, 2017. During cross examination, Booker admitted writing the letter but denied sending it to the HDC, saying he sent the letter to the law firm JD Sellier and Company.

The letter was tendered into evidence and Booker was asked to read it to the court. The letter (which is unedited) stated: “To whom it may concern.

Dear Sir/Madam, My name is Christopher Booker who was the project manager for the Housing Development Corporation. However, I was sent home in 2011 and now being asked to facilitate the said corporation in a litigation matter including the first and second parties. Be it known that I am not obligated to so do, however, I will only do so to assist as the main witness and testify to ensure success for the HDC in this matter, provided the conditions are agreed to: Allocation of a single unit for my daughter on waiting list for years - Curepe or Mt Hope preferably; Parcel of land to build my own house and agriculture; the sum of $500,000. Please be guided accordingly as other matters will nead my intervention in the not to distant future.” The letter was signed by Booker.

Bidasie put to Booker that he gave evidence in support of Rackal’s case against the HDC, on February 23, but wrote and sent his letter to the HDC on January 17, requesting house, land and money as a condition to support the HDC’s case. Booker replied, “I did not send this letter to the HDC, I sent it to JD Sellier.” Under further questioning, Booker said he filed his witness statement to give evidence on January 19, and two days before, prepared the statement. Bidasie put to Booker that had his request been granted (by the HDC) for house, land and money, he knew he had the freedom to withdraw his statement in support of Rackal’s claim. Booker said he was not aware of this.

Justice Seepersad ordered the claimant’s attorney to file submissions on or before 4 pm on May 3. Bidasie is to file submissions in reply, by May 19 and he (Justice Seepersad) will then deliver his ruling on June 14.