Warns Quarry Company Ltd v The Attorney General of Trinidad and Tobago

• Jurisdiction: Trinidad & Tobago
• Judge: Frank Seepersad
• Judgment Date: 21 August 2024
• Neutral Citation: TT 2024 HC 190
• Docket Number: Claim No. CV2024-02432
• Court: High Court (Trinidad and Tobago)

IN THE MATTER OF THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO AND THE APPLICATION FOR REDRESS BY THE CLAIMANTS PURSUANT TO SECTION 14 OF THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO FOR THE CONTRAVENTION OF SECTIONS 4 AND 5 OF THE SAID CONSTITUTION

AND IN THE MATTER OF THE IRRATIONAL & UNREASONABLE DECISION AND/OR ACTION OR ARBITRARY CONDUCT OF THE COMMISSIONER OF POLICE IN UNLAWFULLY DETAINING, ARRESTING AND TAKING ILLEGAL POSSESSION OF PHONES, EQUIPMENTS, PLANT, MACHERINEY, VEHICLES AND PERSONAL & REAL ESTATE PROPERTY BELONGING TO THE CLAIMANTS

IN THE MATTER OF THE DECISION AND/OR ACTION OR ARBITRARY CONDUCT OF THE COMMISSIONER OF POLICE IN UNLAWFULLY SEIZING DOCUMENTS AT THE FOURTH CLAIMANT'S PROPERTY AT PRES-T-CON 2021 LIMITED AT TUMPUNA ROAD, ARIMA

Between

Warns Quarry Company Limited

First Applicant/Claimant

Warner Construction and Sanitation Limited

Second Applicant/Claimant

Inez Investments Limited

Third Applicant/Claimant

Pres-T-Con 2021 Limited

Fourth Applicant/ Claimant

Allcrete Limited

Fifth Applicant/Claimant

Aluko Ato Warner

Sixth Applicant/Claimant

Robert Wilson

Seventh Applicant/Claimant

Rueben Maprangala

Eighth Applicant/ Claimant

Ricky Joseph

Ninth Applicant/Claimant

Corey Charles

Tenth Applicant/Claimant

Deon George

Eleventh Applicant/Claimant

Shastri Madhoo

Twelfth Applicant/Claimant

Kimal Williams

Thirteenth Applicant/Claimant

Willinsque Tobias

Fourteenth Claimant

Rudy Sahai

Fifteenth Claimant

Aaron Neptune

Sixteenth Claimant

Ahmeed David

Seventeenth Claimant

and

The Attorney General of Trinidad and Tobago

Respondent/First Defendant

Director of Public Prosecutions

Second Defendant

Before the Honourable Mr Justice Frank Seepersad

Claim No. CV2024-02432

IN THE HIGH COURT OF JUSTICE

Appearances:

1. Mr. F. Hove Masaisai, instructed by Ms. C. Edwards, Ms. A. Ponambalam and Ms. C. St. Marie, Attorneys-at-law for the Claimants.

2. Mr. J. Mootoo S.C., Ms. T. Toolsie, Ms. A. Mohan and Ms. D. Singh, Attorneys-at-law for the First Defendant.

3. Mr. I. Benjamin S.C., Ms. T. Jorsling, instructed by Mr. V. Jardine and Mr. A. Murray, Attorneys-at-law for the Second Defendant.

DECISION

1 Before the Court for its determination is the Claimants' Notice of Application for injunctive relief filed on 10 July 2024 by virtue of which the Claimants sought the following reliefs:

• a. An interim injunction compelling the Respondent/Defendant, its servants and or agents and in particular the officers of the Trinidad and Tobago Police Service, to vacate and to restore possession to the First Applicant the property situate at Moonan Road, Agua Santa, Wallerfield described as All That piece or parcel of land comprising approximately SIXTEEN POINT SIX SIX SIX SIX HECTARES (16.6666ha.) known as Plot No. W1 situate in the Ward of Arima in the County of St. George and bounded on the – North by partly by the Guanapo River, by an Existing Drain and by Moonan Road; South by State Lands occupied by B&B Transport & Company Limited; East by a Road Reserve 16.09m Wide; West by State Lands occupied by B&B Transport & Company Limited and by Guanapo and identified in a survey plan prepared by Nasser Abdul, Licensed Land Surveyor dated May, 2024.

• b. An interim injunction compelling the Respondent/ 1st Defendant, its servants and or agents and in particular the officers of the Trinidad and Tobago Police Service to return the following seized items to the Fourth Applicant/Claimant and the Second Applicant/Claimant respectively in relation to the incident on the 2nd day of December, 2023: a) one (1) 2” trash pump owned by the Fourth Applicant/Claimant; b) one ( 1) CAT 336 excavator bearing the serial number CAT00336PGDY20078 owned by the Second Applicant/ Claimant.

• c. An interim injunction compelling the Respondent/ 1st Defendant its servants and or agents and in particular the officers of the Trinidad and Tobago Police Service, to return the following seized items to the First, Fourth, Fifth, Sixth, Seventh, Tenth, Twelfth and Thirteenth Applicants/Claimants in relation to the incident on the 2nd day of May, 2024: Equipment: A) (2) caterpillar 950 front end wheel loaders, B) Flatbed Mitsubishi Truck (metal cylinder 1000-gallon water tank), C) Mack Dumper Trucks -TDZ 3311, TDZ 6412, TDZ 7026, D) Crane BE 30B super with drag line crane and clam shell bucket (owned by PresT-Con 2021 Limited), E) (1) land barge TDZ 731 (owned by Allcrete Limited) F) Cell phones and other devices belonging to the Sixth, Seventh, Tenth, Twelfth and Thirteenth Applicant/Claimants. Some of the Cell phones and other devices belonging to the Claimants are as follows: Sixth Claimant – Apple iPad, Seventh Claimant - Samsung Galaxy A22 S, Twelfth Claimant – Redmi 10.

• d. An interim injunction compelling the Respondent/1st Defendant its servants and or agents and in particular the officers of the Trinidad and Tobago Police Service, to return the following seized items to the Applicants/Claimants employee, Christopher James in relation to the incident on the 2nd day of May, 2024 which include: a) 3 socket sets, b) Spanner varies from 8 mm to 32 mm, c) A set of Allen keys in a yellow box, d) (1) 15-inch crescent, e) (1) slip Joe wrench, f) (2) pliers, g) (1) 8-inch crescent, h) (1) hammer, i) Screw driver, j) (1) chisel.

• e. An interim injunction compelling the Respondent/1st Defendant its servants and or agents and in particular the officers of the Trinidad and Tobago Police Service, to return the following seized documents to the Fourth Applicant/Claimant in relation to the incident on the 6th day of May, 2024 referred to at paragraph 43 of the Affidavit of Keon Warner filed on the 5th day of July, 2024 in support of this Application for Interim Relief.

• f. That the costs of this application be borne by the First Defendant in light of its failure to respond substantively to any of the pre-action protocol letters issued in advance of this application being made.

• g. Any other relief that the Court considers just and expedient, given the evidence presented to the Court.

The grounds of the application:

2 The first incident occurred on the 2nd day of December, 2023 when officers attached to the Multiagency Task Force detained one (1) 2” trash pump and two (2) excavators, one ( 1) CAT 336 excavator bearing the serial number CAT00336PGDY20078 and one ( 1) CAT 320 excavator bearing serial number CAT00320VDKJ40143 which were parked at Mora Settlement, Vega De Oropouche, Sangre Grande (the Oropouche property). The Claimants contend that at the time of the seizure the excavators and trash pump were not in use.

3 On this occasion, one of the Fifth Claimant's employees Willinsque Tobias, and three (3) independent contractors were also arrested and they are the Fourteenth, Fifteenth, Sixteenth and Seventeenth Claimants herein. These Claimants were charged by one PC Mikael Williams 19396 for allegedly being “found digging and removing materials from state lands not being the holder of a licence for such purpose contrary to section 25(b) of the State Lands Act 57:01 as amended.”

4 The second incident occurred on the 2nd day of May, 2024, when officers of the Multi-Agency Task Force of the Trinidad and Tobago Police Service (TTPS) entered and raided the First Applicant/Claimant's premises situate at Moonan Road, Agua Santa, Wallerfield (the Moonan property), detained the Sixth Applicant/Claimant, Mr. Aluko Ato Warner together with seven (7) persons and took possession of certain items and or sought to exercise control over the said property. The Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth and Thirteenth Claimants named herein were charged with processing minerals without a licence under Section 45 (1) of the Minerals Act, Chapter 61:03 (the Minerals Act).

5 In the course of the raid upon the Moonan Property the following equipment and devices were seized:

Wash Plant

• a) Wash Plant with components;

• b) Jaw Crusher with stand;

• c) Sand Washing Screw.

Equipment-

• a) (2) caterpillar 950 front end wheel loaders;

• b) Flatbed Mitsubishi Truck (metal cylinder 1000-gallon water tank);

• c) Mack Dumper Trucks -TDZ 3311, TDZ 6412, TDZ 7026;

• d) Crane BE 30B super with drag line crane and clam shell bucket (owned by Pres-T-Con 2021 Limited);

• e) 1 land barge TDZ 731 (owned by Allcrete Limited).

Devices-

• f) Cell phones and other devices belonging to Mr. Aluko Ato Warner, Reuben Maprangala, Ricky Joseph, Kimal Williams, Shastri Mahadeo, Deon George, Corey Charles and Robert Wilson.

The following Cell phones belonging to the Claimants-

Seventh Claimant - Samsung galaxy A22 S;

Eighth Claimant – Samsung Galaxy A31;

Ninth Claimant – Samsung Galaxy A03;

Eleventh Claimant – Samsung Galaxy;

Twelfth Claimant – Redmi 10;

Sixth Claimant- Apple iPad.

6 In addition, the following tools belonging to one of the First Applicant's/Claimants' employees, namely Christopher James was also seized:

• a) (3) socket sets

• b) Spanner varies from 8 mm to 32 mm

• c) A set of Allen keys in a yellow box

• d) (1) 15-inch crescent

• e) 1 slip Joe wrench

• f) (2) pliers

• g) (1) 8-inch crescent

• h) 1 hammer

• i) Screw driver

• j) 1 chisel

7 Since the raid on the 2nd day of May, 2024, the Applicants/Claimants have been denied the use and enjoyment of their items/ chattels and the First and Fourth Applicants/ Claimants have been deprived of the use of the Moonan Property.

Evidence:

8 Fourteen (14) affidavits were filed in support of and in opposition to the instant injunctive application, namely:

• a. Affidavit of Keon Warner sworn and filed 10 July 2024 (‘the principal Warner affidavit’);

• b. Affidavit of Colvin Blaize sworn and filed 10 July 2024 (‘the principal Blaize affidavit’);

• c. Affidavit of Anala Mohan sworn and filed 17 July 2024 (‘the Mohan affidavit’);

• d. Affidavit of Joan Honore Paul SC sworn and filed 17 July 2024 (‘the first DPP affidavit’);

• e. Affidavit of Leon Haynes sworn...