Brothers seek compensation for ‘extra’ nine years in jail

TWO brothers have sued the State for monetary compensation for being kept nine extra years in jail. Kamal Harrdial, 43, and his brother Krishna, 42, of Milton Road, Couva, were released on May 2, this year, but they are contending in separate constitutional motions filed in the High Court, that a magistrate misinterpreted the law in passing sentence on them. In their motions, the Harrdials are contending that they should have been released six years ago in 1998. The brothers are seeking to have a High Court declare that the sentence imposed on them in the Chaguanas Magistrates Court, was beyond what was permitted under the Summary Courts Act. 

The motion, filed by attorney Mark Seepersad, instructed by Gerald Ramdeen, stated that section 72 of the Summary Courts Act, provides that where two or more sentences passed by a Summary court are ordered to run consecutively, the total term of imprisonment shall not exceed three years. “Outside this provision, a court of summary jurisdiction, has no power to impose a consecutive sentence,” the motion stated. As a result, Kamal and Krishna Harrdial ended up serving 16 years instead of seven. Both Kamal and Krishna stated in their motion that on March 16, 1992, retired magistrate Anthony Mohipp sentenced them to seven years for robbery. The sentence was passed on them in the Couva Magistrates’ Court. Both Kamal and Krishna were charged jointly with the offence. Kamal stated that on March 18, he and his brother pleaded guilty in the Chaguanas Magistrate’s court before retired magistrate Trevor Peters to car theft. The magistrate, he stated, proceeded to sentence both of them to nine years imprisonment. Kamal stated in his motion that the magistrate then told both of them: “The seven years you got in Couva, you will start and finish it, then start the nine years. That is 32 years to share between you and your brother.”

Kamal stated that at the Royal Goal in Port of Spain, prison officers told him that he would be serving 16 years in prison. He was informed that the earliest date of his release was May, 2002 and that his furthest date of discharge would be 2008. Of the sixteen years, Kamal and Krishna spent 11 prison years in jail. They are contending that had the magistrate followed the law and allowed the seven years to run concurrently with the nine years, the would have only spent five prison years in jail. The brothers stated that because of the extra years of incarceration, they have suffered immensely in jail and have been subjected to all kinds of cruel punishment. They stated that their parents are now elderly people and they (Harrdials) cannot find work to care for them. “Since my release, I find it difficult to find work as very few employers are willing to hire someone who has spent such a long period in jail,” Harrdial stated in his motion.