State to return excavator, pay $3.1m for police 'abuse of authority'

THE STATE has been ordered to pay a little over $3.1 million to a businessman whose excavator and crawler were seized by the authorities in Valencia in 2015, as part of an investigation into illegal quarrying.

Faizal Ali rented out his heavy equipment to K2L Ltd to prepare tilapia ponds, but on October 23, 2015, investigations into alleged illegal quarrying of the Valencia Forest Reserve began and the excavator and crawler were taken to Camp Cumuto.

Ali has not been charged with any offence relating to the investigation and went to Camp Cumuto with his ownership documents in an attempt to get them back.

He was directed to the police, who said he could not have it because of ongoing investigations. Over a period of four years, Ali made several unsuccessful attempts to have the equipment returned to him.In a written decision on Wednesday, Justice Frank Seepersad said the continued detention of Ali’s excavator and crawler was without lawful excuse and he was entitled to compensation.

He ordered the State to pay Ali a total of $2.9 million for loss of use and aggravating damages; an additional $25,000 in exemplary damages; and prescribed costs based on the sums awarded.

The State was also ordered to return the equipment by 4 pm on March 26.

Seepersad said the state’s failure to provide any evidence the equipment was used for alleged illegal quarrying meant the seizure, without a warrant, was “nothing short of appalling.”

Seepersad added that Ali had to run his business without his income-generating equipment, “which no doubt occasioned significant hardship on him added to the effects of the covid19 pandemic.”

He said it was improper for the officers to seize the equipment without further enquiries. Seepersad also said there was no evidence Ali was actually involved in quarrying state lands, and undisputed evidence established that the equipment was merely parked at the site and was not in use when the police went there with officials from the Ministry of Energy to conduct investigations of reports of illegal quarrying.

Three people not associated with Ali were arrested and charged and their cases are still before the court.

The judge said the detention of Ali’s heavy equipment, for almost six years, amounted to an abuse of authority.

The judge said Ali’s case served as a reminder that “care and caution” must be exercised and “checks and balances” must be ensured to prevent discrimination, disrespect, or disenfranchisement of citizens.

He said citizens’ rights should not be compromised or circumvented by the “officious or misguided” application of statutory authorisation.

“The court has to maintain the required balance and must with vigilance ensure that the enshrined rights of all citizens are upheld and not sacrificed on the altar of emotion or fear. The rule of law has to be respected and revered,” Seepersad said in his decision.

He said he found the actions of the police, and by extension the State, “reprehensible,” as he justified the award of aggravated damages.

Ali was represented by attorneys Devesh Maharaj and Ravi Dolsingh. The state was represented by attorneys Ryanka Ragbir, Kristy Mohan, Adana Hosang, Zara Smith, and Andre Cole.