‘Wrong to keep car for more than 18 months’

A TAXI DRIVER whose car was seized by police “for investigations” for more than four years has won his case against the Attorney General who has been ordered to pay damages for the wrongful seizure. In fact, the judge felt that 18 months is sufficient time to conclude investigations into stolen vehicles.

Justice Prakash Moosai, presiding in the Port-of-Spain High Court, ordered the Attorney General to pay damages to Carl Jacob for the wrongful seizure of his vehicle on November 4, 1997. The judge ordered the State to deliver the car to the owner forthwith. He also ordered that damages be paid for wrongful detention to be assessed by a Master in Chambers. He ordered the Attorney General to pay costs fit for senior and junior attorneys. Desmond Allum SC and Rajiv Persad appeared for Jacob, while State attorney Anne-Marie Rambarran represented the Attorney General. Jacob alleged that the police unlawfully seized his motor car HAK 9461. On February 22, 1983, Desmond Gilliard bought HAK 9461 from Neal and Massy Motors for $39,905.20. Two weeks later, Gilliard sold the vehicle to Jacob for $51,000, but the transfer was not effected at the Licencing Office until March 10, 1984. Towards the end of October 1997, Sgt Lennard Gay, head of the Police Stolen Vehicles Squad, received information with respect to a stolen vehicle which caused him to go to Jacob’s premises at St Croix Road, Princes Town. While at Princes Town, Gay observed a beige Datsun 280 C parked in the garage. The vehicle appeared to be freshly painted. The policeman claimed that Jacob had done nothing to explain the recent painting of the vehicle.

On November 14, 1997, Gay took the vehicle to the CID, Port-of-Spain. Gay informed Jacob that the vehicle was stolen and cautioned him. Jacob denied the allegation, claiming that he was the owner of the vehicle since 1983 and invited the police to inspect it. Gay inspected the chassis number which was stamped on the left centre door post of the vehicle. He observed that there was an unusual welding on the area at the top and bottom of that post. Having examined the vehicle, Gay summoned the etcher attached to the squad, PC Adesh Ramdeo. Gay subsequently sent the car to the Forensic Science Centre for further testing. Justice Moosai said he was of the view that the evidence of the Attorney General established conclusively that at the time of the seizure of the vehicle, the police had reasonable grounds for believing that the vehicle was a stolen vehicle.