State to compensate former CG officer

A FORMER coast guardsman who was discharged from the Defence Force after he was slapped with a cocaine trafficking charge, has received $115,000 in compensation from the state which agreed that his right to a presumption of innocence was infringed because of the TTDF’s zero-tolerance policy.

Kwasi Williams, of Lastique Street, East Dry River, was discharged on November 7, 2016, shortly after he was charged with trafficking cocaine.

He was a mechanic in the Coast Guard, and was told his service in the TTDF was no longer required.

Williams, through his attorney Ronald Simon, challenged his dismissal by filing a constitutional motion alleging that his rights were infringed by the application and enforcement of the “unknown and inflexible” zero tolerance policy of the TTDF.

He also asked to be reinstated in the Coast Guard.

On Tuesday, state attorney Sasha Sookram informed Justice Frank Seepersad that the Attorney General had agreed to a settlement for compensation since there was a lack of clarity in the approach taken with Williams. She, however, said they were not agreeing to Williams’ reinstatement and the judge suggested that he was free to reapply for a position in the Coast Guard since his term of service would have already ended.

Seepersad also suggested that changes be made to the Defence Force Act (DFA) in line with what is contained in the Police Service Act which provides for the suspension and withholding of pay for officers who are charged with a criminal offence.

He said there were no legislative provisions for this under the DFA, adding that the presumption of innocence was one of the cornerstones of the criminal justice system and the Constitution.

Seepersad said while he understood the need to maintain the public’s confidence in the TTDF, there could not be the unilateral dismissal of an officer, when a criminal charge is laid, without giving them an opportunity to be heard.