We will not dispose of vehicles

THE STATE gave an undertaking yesterday that it would not dispose of three “roll-on, roll-off’ vehicles valued at $600,000 which were seized by the police last year. Giving that undertaking was Christopher Hamel-Smith SC, who, with State attorney Rachel Thurab, represented the Attorney General in a constitutional motion brought by CSM Enterprises Ltd. Hamel-Smith gave the undertaking that the State would not deal with, interfere with, or part with custody or possession of the vehicles, or any parts of accessories until the determination of the constitutional motion. The State would also return the vehicles — PBO 9299, PBO 9259, and PBO 9260 — on March 3 if the State does not put in its affidavits. The State also got leave to file an additional affidavit by March 21.

The applicant is expected to file an affidavit in reply, and the matter has been put for mention on April 19. The motion was called yesterday before Justice Gregory Smith in the Port-of-Spain Second Civil Court. Attorney Ravi Rajcoomar, instructed by Alisa Khan, represented the applicant. CSM Enterprises Ltd is a dealer and importer of foreign-used motor vehicles, parts and accessories for sale and general distribution in this country. The applicant contends that it was denied the use and enjoyment of its property since April 16, 2004 when police seized three vehicles. Since then, the vehicles continue to be out of the possession, custody and control of the company. CSM claims that the police have failed and/or refused to return or deliver the vehicles to the company despite repeated requests. Chrisendath Maharaj, company secretary, said the company deals with foreign-used roll-on and roll-off vehicles imported primarily from Japan.

He said in 2002, he ordered three vehicles  from DM Enterprises — a Nissan Skyline, a Toyota Harrier, and a Mitsubishi Pajero. He said the vehicles arrived in Trinidad in 2003 and 2004 and were cleared and released by Customs after the duties were paid. Maharaj said on April 16, 2004, a police inspector and other police officers arrived at CSM offices in Cunupia with what appeared to be a search warrant. The police searched all the vehicles but paid particular attention to the three vehicles in contention. The police then left with the three vehicles. Four days later, Maharaj said he contacted the police and was informed that the vehicles were being taken to forensic for testing. He said the seizure of the vehicles, worth $600,000, has caused his company to plunge into dire financial straits and severe economic hardship.