Roy, Bentick and Baldwin v Singh (Her Worship), Coroner and St. George West County

• Jurisdiction: Trinidad & Tobago
• Court: Court of Appeal (Trinidad and Tobago)
• Judge: Smith, J.
• Judgment Date: 12 May 2016
• Neutral Citation: TT 2016 CA 14
• Docket Number: Civil Appeal P294/2013; CV 2012-01211
• Date: 12 May 2016

Court of Appeal

Jamadar, J.A.; Yorke-Soo Hon, J.A.; Smith, J.A.

Civil Appeal P294/2013; CV 2012-01211

Roy, Bentick and Baldwin

and

Singh (Her Worship), Coroner and St. George West County

Appearances:

Mr. I. Khan SC instructed by Mr. U. Skeritt appeared on behalf of the appellants

Mr. J. Singh, Ms. D. Prowell instructed by Ms. B. James appeared on behalf of the respondent

Civil practice and procedure - Appeal of the refusal of the application for judicial review of the findings of the respondent — Whether a fair minded and informed observer could have concluded that there was a real possibility that the deliberations and decisions of the coroner were biased and that this bias had a material bearing on the inquest.

I have read the judgment of Smith JA and agree with it.

P. Jamadar

Justice of Appeal

I too, agree.

A. Yorke-Soo Hon

Justice of Appeal

Smith, J.

1 The appellant Police Officers, were stationed at the police post in Belgrade Street area Port of Spain. On the 4th of May 2005, they responded to gunshots emanating from the Belgrade Street area. The end result of this was that PC Baldwin, the third appellant was shot, as well as one Nazim Christian. Mr. Christian later died from these injuries. The conflicting evidence as to the sequence of events that led to the death of Mr. Christian made it necessary for an inquest to be held in this case.

2 The coroner holding the inquest is the respondent in this matter. The respondent found that there was evidence upon which a properly instructed jury could rationally conclude that the appellants were guilty of murder beyond reasonable doubt. However the coroner also found that such a case had not been made out against PC Steele, another officer who was present during the incident alongside the appellants. The appellants sought judicial review of the findings of the respondent. This application was refused and the appellants now appeal the refusal of their application for judicial review.

3 On the hearing of this appeal, we required further submissions to be filed upon a ground which was of particular concern to us, namely, on the issue of apparent/unconscious bias. The issue of apparent bias arose because of the concluding remarks in the written decision of the respondent coroner. The coroner adopted the judge's comments that were made in a civil case on the following matters:

• a. The alarming frequency of the use of excessive force by the Police;

• b. That the perpetrators of this excessive force faced no consequences ;

• c. That if such unlawful acts were continued with impunity and without consequences, they would be repeated.

• d. That accountability for such actions is necessary. (see pages 85 and 86 of the Coroner's decision).

These comments allegedly raise a case of apparent/unconscious bias against the coroner. It is important to note that no actual bias is alleged against the coroner.

I note as well that even in the respondent's well-crafted submissions, specifically those filed on the 30th of June 2014, at paragraph 51, the...