Undercover agent freed 10 years after charge

The 63-year-old man along with two other men were arrested in the car park at the Grand Bazaar Mall on August 24,1998. It is alleged that 11.5 kilogrammes of cocaine were found in the vehicle in which the three were travelling.

Although the man told the court and his attorneys during the preliminary inquiry that he was assisting police with their investigations, he was still put on bail and committed to stand trial along with the two other suspects.

The two men have since absconded since their committal by Chief Magistrate Sherman Mc Nichols. The man stuck to his story throughout and Director of Public Prosecutions Geoffrey Henderson launched an investigation into his claim.

It was later found that the man was indeed acting as an undercover operative for the police at the time of the incident. As a result, the prosecuting attorney Brent Winter told Charles “the State does not wish to continue this case against (name called) because of the findings of the investigations.”

Looking at the emotional informant, Justice Charles remarked: “This is a very sad day. Mr Winter do you think that the Attorney General would consider compensation for (name called)? One would expect so in the these circumstances. This is a blow to the administration of justice.”

“The Court must be able to rely on investigators. One would expect mistakes but when the Prosecution fails on this ground it is shameful. (Name called) has become a victim,” Charles said. Winter remained silent.

“This is a sad day but also a good day,” Charles continued, “the justice system has triumphed. (Name called) the court would like to apologise and commend you for standing your ground. I trust that some sought of compensation will be awarded to you.”

“I know that it cannot replace everything that you would have lost but it may allow you to move on with you life and heal. I hope that your confidence in the justice system can be restored and this does not happen again.”

The man’s passport was confiscated by the Magistrates’ Court as part of the bail procedure.

The Judge assured him that an order would be made for his passport (which by now would have expired) be returned to him forthwith. The man was defended by attorney Ricky Rahim.