Case thrown out

A LA ROMAINE man who sued for malicious prosecution after he was charged with having Caribbean Examination Council (CXC) Mathematics and English papers before the 2008 examination was written, has been ordered to pay the state.

Mikquel Torres, who was then a 20-year-old student at St Michael’s College in San Fernando, was charged by Inspector Gilbert Kennedy on May 22, 2008 with unlawfully procuring the CXC May/June 2008 Mathematics — Paper 2, and CXC May/June 2008 English A — Paper 2. Six years later, he was found not guilty.

He then filed a malicious prosecution lawsuit which was yesterday dismissed by Justice Frank Seepersad, who said there was a proliferation of similar type cases by persons who were successful in the magisterial proceedings.

The judge, however, said that the burden to prove malice on the part of the officer who lays a criminal charge was an extremely difficult one as he found that Inspector Kennedy, who has since retired from the police service, had sufficient evidence to arose his suspicion when he charged Torres.

Seepersad also found there was no evidence to suggest there was improper motive by the police in laying the charges, other than “securing the ends of justice.” Torres, who was ordered to pay the state’s legal bill of $14,000, intends to appeal the ruling as his lawyer believes the judge was wrong in law and in his assessment of the evidence.

Torres was represented by Michael Rooplal, while Roshan Ramcharitar argued the case for the state. In dismissing Torres’ case, Justice Seepersad said any plot to obtain leaked papers prior to the examination impacted on the integrity of the examination. “There is no justification for cheating and acts of dishonesty.”

He said it was disturbing that several people were allegedly involved.

“Far too many persons engage in a culture of lawlessness and complacency, expecting entitlement. “There must be a sober commitment to hard work and lawfulness while understanding nothing comes easy.” Back in 2008, several teenagers were charged with similar offences and were taken before the court. These matters were all eventually dismissed.

In that year more than 20,000 pupils had to re-sit the Mathematics and English examination which were rescheduled because of the leaked papers.