The State has agreed to pay a little over $120,000 in compensation to a chutney and classical singer after a small birthday party at his family’s home in Gasparillo was raided by police officers during the COVID-19 pandemic in 2020.
After the raid, Shiva Lakhan filed a constitutional motion alleging that the officers breached his constitutional rights to enjoyment of property and respect for his private and family life.
On Tuesday, a consent order was entered when the case came up for hearing before High Court Judge Margaret Mohammed.
Under the order, the State agreed that Lakhan’s constitutional rights were breached and that he should receive $75,000 in compensatory damages and $45,000 in vindicatory damages.
The State also agreed to pay his legal costs for pursuing the lawsuit.
According to the evidence, before the pandemic was declared in March 2020, Lakhan, who lives in the United States, returned to Trinidad to visit relatives.
He claimed that on May 29, 2020, he was at his parents’ home when a handful of relatives came over to celebrate his sister’s birthday.
Around 8.45 pm, Lakhan and his eight relatives who were present, noticed a group of heavily armed police officers outside their house.
Lakhan claimed that one of the officers told him that they were in contravention of a public health regulation issued for the pandemic, which at the time precluded citizens from gathering in public in groups of more than five people.
He claimed that while relatives were finishing eating and packing food to leave, the officers demanded that they “hurry up” and barged into the house to ensure they were complying.
He also alleged that one of the officers held on to his hand and accused him of being in T&T illegally.
He claimed that he offered to produce his US identification documents but the officer ignored him.
He admitted that he was released and the officers left after his relatives vacated his parents’ home.
Lakhan claimed that the incident was humiliating and frustrating for him and his family.
“My parents are very old. This incident was traumatising for them since this was the first time police ever entered our house, more so without a search warrant,” Lakhan said.
“I was assaulted by the police in this incident in circumstances which were unfair and oppressive,” he added.
In the lawsuit, Lakhan’s lawyers, led by Anand Ramlogan, SC, of Freedom Law Chambers, claimed that the regulation, which dealt with gatherings in public places, was unlawfully applied to Lakhan’s private residence.
Lakhan was also represented by Renuka Rambhajan, Douglas Bayley, Che Dindial, Ganesh Saroop, and Jared Jagroo.