The State has been ordered to pay over $4 million in compensation to a Valencia quarry operator whose fleet of vehicles were impounded for almost three years after he was cleared by police on suspicion of operating an illegal quarry.
High Court Judge Ricky Rahim ordered the compensation yesterday, almost two months after State attorneys conceded liability in the trial after one of its witnesses admitted that the vehicles, valued at $6.4 million, should have been returned to Danny Guerra 15 days after they were seized in January 2013.
In his testimony, Sgt Francis Collins, who led the investigation, admitted that within two weeks of the seizure of Guerra's 12 dump trucks, a concrete mixer, a tractor and a ATV, he informed then deputy police commissioner Mervyn Richardson, the vehicles should be returned as there was no evidence they or Guerra were involved in illegal quarrying in east Trinidad.
Despite Collins advice the vehicles were not released.
Senior Counsel Israel Khan, who lead the State's case, said the police were willing to return the vehicles. However, Guerra refused to accept them, saying that they had all developed mechanical faults from lack of use.
Guerra had initially claimed $6,408,205 in compensation, the amount at which he valued the vehicles.
In his 27-page assessment, Rahim said he was only entitled to $3,831,205 plus 2.5 per cent interest as the court had to consider that some of the vehicles were purchased years before the seizure and would have depreciated in value.
Rahim also ordered that the State pay Guerra $30,000 in compensation for the police's repeated refusals to return the vehicles before the trial in October. The State was also ordered to pay Guerra's legal costs for bringing the lawsuit.
Guerra was represented by Gerald Ramdeen, Wayne Sturge and Lemuel Murphy.
Larry Lalla appeared alongside Khan for the State.
