Constantine et Al v The State

• Jurisdiction: Trinidad & Tobago
• Court: Court of Appeal (Trinidad and Tobago)
• Judge: Jones, J.A.
• Judgment Date: 20 January 1999
• Neutral Citation: TT 1999 CA 1
• Docket Number: Criminal Appeal Nos. 83 & 86 of 1997
• Date: 20 January 1999

Court of Appeal

Sharma, J.A., Permanand, J.A., Jones, J.A.

Criminal Appeal Nos. 83 & 86 of 1997

Constantine et al

and

The State

Appearances:

Mr. D. Singh S.C., Mr. R. Dowlath, Mrs. Ramsaran for the first appellant.

Mr. v. Maharaj and Mr. Sirjoo for the second appellant.

Mr. A. Carmona for the state.

Criminal law - Conspiracy to murder — Appellants appealed against conviction for conspiracy to murder — Court noted that section 5(a) of the Offences Against the Person Act, Chap. 11:08 deals with conspiracy to murder simpliciter, whereas subsection 5(b) encompasses offences of soliciting, encouraging, persuading or endeavouring to persuade or proposing to any person to murder another person — R. v. Anderson [1986] 1 A.C. 27 applied -.Court found that there was evidence of a conspiracy in the evidence presented by the State -Conviction and sentences affirmed.

Jones, J.A.

1 On the 13th of May 1998 we gave our decision in this matter refusing leave to appeal and affirming the convictions and sentences. We indicated we would give our reasons later and we do so now.

2 The appellants in this case Felicia Constantine (Felicia) and Ronald Williams (Ronald) were together tried at the Chaguaramas Criminal Court on a two count indictment. The first count on which they were jointly charged, charged there together with others unknown with conspiracy to murder one Clint Huggins and the second count which only involved the appellant Ronald charged him with misbehavior in public office. On the 26th of May 1997 they were both convicted of the offences with which they were charged and Felicia was sentenced to ten years hard labour while Ronald was sentenced to ten years hard labour on the first count and five years hard labour on the second count, the sentences to run concurrently. Against their convictions they have now sought leave to appeal.

THE STATE'S CASE

3 The case presented at the trial by the prosecution was that in October 1994 one Clint Huggins, a witness in a pending murder trial was in protective custody at Teteron Barracks, the base of the Trinidad and Tobago Defence Force. Private Eric Williams the prosecutions main witness was part of a special team of soldiers selected to guard him.

4 On the night of the 5th October 1994, private Williams was visited at his home by the appellant Ronald also called ‘Ronto’ who was a member of his company. Two weeks prior to the visit, the appellant Ronald had made a proposition to Private Williams about a job to kill Clint Huggins. At that time private Williams regarded this as a joke and had said to Ronald “Pass some change.” On this visit of the 5th October 1994, the appellant popped the question to private Williams, “what about a job to kill Clint Huggins?” He also indicated that he had been accompanied by a lady who was sitting in a car outside and that this lady, who turned out to be Felicia the other appellant, was harassing him to get someone to do the job. Private Williams went to the car together with the appellant Ronald, who got into the rear seat and told Felicia to speak to Private Williams.

5 Felicia then enquired of Private Williams whether he could do the job and what was his price and that Huggins had to be got rid of before he went to the High Court. She also made enquires of Private Williams whether he would use cyanide. Private Williams told her that one million was a good figure and that he would get back to her after he made further arrangements. Upon the suggestion of the appellant Ronald, Felicia gave Private Williams her phone number and that of her mother.

6 On the 7th October 1994, Private William telephoned Felicia and indicated to her that the price was too small since some organisation which he named was about to receive more money for the same job. Felicia refuted this and said she was in charge. She enquired about any alternative ways of getting the job done and asked about the water tanks. Private Williams promised to bet back to her the following day.

7 On the 8th October 1994, Private Williams saw the appellant Ronald and the latter related to him the conversation that he Private Williams had with Felicia. Private Williams then enquired of the appellant Ronald why he had brought Felicia to him and asked him to get her off his back.

8 On the 10th October 1994, Private Williams reported the matter to his superior officers. He again spoke to Felicia telling her that the price was too small and suggested a figure of three to four million dollars. Felicia told him that time was running out and they had to get the job done quickly. What followed became popularly known locally as the “Sting Operation.”

9 The police was brought into the picture and on the morning of the 11th October 1994, a report was made to Superintendent Phillip Browne and all future interactions between Private Williams, the appellant Ronald and Felicia proceeded with the concurrence of the police and Defence Force authorities.

10 On 13th October 1994 Private Williams by telephone requested from Felicia an advance payment but she informed him that her boss did not make such payments as he had had bad experience in the past.

11 On the 17th October 1994, there vas a meeting at a Kentucky Fried Chicken outlet at Southern Main Road Curepe, between Private Williams and Felicia at which he enquired “where was the thing?” Felicia invited Private Williams to accompany her to a parked car where she retrieved two plastic containers from the glove compartment, handed them to him telling him one was strong and the other was a back up. This meeting was witnessed by a number of police officers.

12 On the 18th October 1994. Private Williams met Superintendent Phillip Browne at Defence Force Headquarters, where Private Williams handed over to Browne the two plastic containers. These were later taken for analysis at the Forensic Science Centre and one container was found to contain 36.72 grams of potassium cyanide and the other 44.46 grams of the same substance. The Scientific Officer concluded that potassium cyanide was a tonic substance and that ingestion of 200 milligrams or.2 grams was usually fatal.

13 On the 19th October 1994 Private Williams again had a telephone conversation with Felicia in which he enquired of her, how long after the job was completed would he get this money. She assured him that as soon as the job was done she will call her boss and the money will be paid the same day. Private Williams told her that the job would be done that very night and that he would call her the following morning to confirm that in fact the job was done.

14 On the morning of the 20th October, 1994 Private Williams called as promised and assured Felicia that the job was done and that he had seen the body being taken to the Forensic Science Centre. Felicia then agreed with him to meet her at 2 o'clock that afternoon at the same Kentucky Fried Chicken outlet where they had met previously. At the outlet Felicia told Private Williams that the money was being checked and that the appellant Ronald was in the washroom. Ronald came out soon thereafter and made eye contact with Private Williams. This meeting was witnessed by W.P. Constable Pauline Marshall-Thomas, Sergeant Everest Valdez and Superintendent Browne.

15 At this time certain information consistent with the success of the venture had lead been leaked to the media.

16 As was agreed between Private Williams and Felicia at their meeting in Curepe, at around 7:00 p.m. on the night of the 24th October 1994, they met as planned at the Brian Lara Promenade in Port of Spain. Several police officers were deployed in the vicinity, of the meeting place.

17 Private Williams arrived at the designated location driving an armor jeep and dressed in uniform. Felicia shortly afterwards arrived driving a white Sentra motor car and accompanied by a man of East Indian descent. She parked behind the army jeep. In the trunk of Felicia's car were two large feed bags. The car was then parked alongside the jeep and Private Williams and the East Indian man transferred the bags from the car into the jeep. The police officers at this point revealed themselves and Felicia was arrested. The bags were taken to the Police Administration Building where the contents were checked and a sum of money totaling TT$961,791.00...