Derek Achong
Cash seized by the police pursuant to criminal investigations must be returned to their owners in the currencies they were taken.
High Court Judge Eleanor Donaldson-Honeywell gave the advice last week as she upheld a lawsuit from businessman Primnath Geelal, of Super Wholesalers and Distributors Limited.
According to the evidence in the case, on July 31, 2015, a group of police officers entered his business, located along El Socorro Road in San Juan, under a search warrant for illegal firearms and ammunition.
Although the officers did not find any illegal weapons and Geelal was not charged, they still seized a large quantity of cash, which was found in 20 different currencies.
The police officers obtained orders under the Proceeds of Crime Act (POCA) for the cash to remain detained pending further investigations.
When the orders expired in August 2017, the T&T Police Service (TTPS) sought to return some of the cash in T&T dollars in the form of a cheque from the Central Bank in the sum of $1,059,256.13.
Geelal refused and his attorneys, led by Senior Counsel Anand Ramlogan, of Freedom Law Chambers, filed the lawsuit that was eventually determined by Justice Donaldson-Honeywell, last week. He also refused to accept some of the cash that was kept in its original form at the Fraud Squad office.
In its defence, the Office of the Attorney General submitted that the POCA did not expressly state how seized foreign currency should be deposited under a court order except to say it should be in an interest-bearing account.
It contended that based on the general wording, the Comptroller of Accounts is entitled to select a method that is reasonable and practicable and which conforms with its own processes and procedures.
In determining the case, Justice Donaldson-Honeywell ruled that the cash should have been returned in the currency seized.
“When cash is not forfeited but instead released or returned, it is implicit that investigations did not reveal that the cash is soiled or tainted. Consequently, the citizen resumes the enjoyment of the property,” she said.
“As such, the cash must be released in the currencies which were seized. Anything less will deprive the citizen of the enjoyment of their property,” she added.
She also ruled that he was entitled to $50,000 in compensation for the detinue and conversion over how Geelal’s property was handled.
As part of her judgment, Justice Donaldson-Honeywell ordered that Geelal’s cash be returned in the original currencies that were converted plus 7.5 percent interest between 2015 and last week.
The State was also ordered to pay Geelal’s legal costs for the case.
Geelal was also represented by Ganesh Saroop, and Sheldon Sookram, while Niquelle Nelson-Granville and Laura Persad represented the AG’s Office.
