Woman loses malicious prosecution 'voter padding' case

- File photo
- File photo

A woman from south Trinidad, who, in December 2000, was charged for voter padding and who claimed she was treated as a “UNC criminal and a “voter padder” has been ordered to pay the State $14,000 in legal costs after she lost her malicious-prosecution claim against the police.

Elizabeth Jogie was arrested on December 2, 2000, and charged. The matter was eventually dropped after the police failed to continue the prosecution by not showing up in court.

She sued the State for malicious prosecution, claiming she suffered embarrassment, humiliation, distress and irreparable damage to her character. She also claimed the matter took a toll on her personal life and led to her eventual divorce. Jogie said she tried to migrate to the United States but constantly had to return to TT for the case and was unable to find permanent work there.

She was one of some 30 people charged with voter padding a week before the 2000 general election, and her lawsuit said she believed it was done with the intention to influence the results of the polls and to deter people from voting. She also said she has since lost trust in the police and the Elections and Boundaries Commission.

In her lawsuit against the State, Jogie claimed police visited the wholesale business at Dopson Drive, Philippine that she shared with her then husband, and asked if she lived at Alice Street, La Romaine.

She testified at the trial before Justice Ricky Rahim that she would have moved to Alice Street in 2001 when the lease on the property at Dopson Drive expired. She also said her family was in the process of moving out of Dopson Drive.

In her testimony, she also alleged the police threatened her to get her to sign a statement.

The police officer who charged her, retired Sgt Kirk Griffith, said he and another officer went to Dopson Drive and met Jogie and her husband. She was shown an Elections and Boundaries Commission (EBC) change of address form and she acknowledged signing it but not filling it out. The form indicated that Jogie had changed her address from Dopson Drive to Alice Street.

In his ruling, Rahim said the information Griffith had at the time he laid the charge was enough for him to believe she had committed an offence.

He said at the time of charging her, Griffith had in his possession her statement that she was not living at Alice Street and had provided false information to the EBC and a statement from her then brother-in-law that she was living at Dopson Drive.

“As such, it was more than clear to this court that Griffith had reasonable and probable cause to charge the claimant,” the judge held as he dismissed Jogie’s claim and ordered her to pay costs.

Attorney Trisha Ramlogan represented the State. Jogie was represented by attorney Abdel Mohammed.

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