Convicted killers go to court over prison move

THREE convicted killers serving life sentences have challenged a decision by prison authorities to move them to a section of the Maximum Security Prison (MSP) in Arouca, where they say they are not enjoying the amenities they previously had in the “lifers’ section” of the facility.

The three –brothers Damian and Bobby Ramiah and Michael ‘Rat’ Maharaj – said they were moved to the Wayne Jackson Building at the MSP two weeks ago and are not being allowed their airing time or receiving the special diets or medication prescribed for them.

The three filed an application for judicial review and asked the court for immediate relief. They wanted to be removed from the Wayne Jackson Building and returned to the lifers’ section.

But on Thursday Justice Carol Gobin ordered that they should be aired for a minimum of an hour a day while they are detained at the Wayne Jackson building, in accordance with the prison rules.

She also ordered that Bobby Ramiah receive the special medication and the low-salt, low-fat and high-fibre diet prescribed for him for his hypertension and high cholesterol, while Maharaj should continue to receive a vegetarian diet in keeping with his religious beliefs.

The judge granted the three leave to pursue their judicial review claim for the declarations they sought that their constitutional rights were being infringed.

Another hearing comes up in October, since the State opposed the application for interim relief, on the basis that the men were already receiving airing. The judge was also told the State was contesting every aspect of the men’s affidavits and asked for an opportunity to file responses.

In making her order for them to receive the minimum one-hour airing, the judge said the State would suffer no prejudice.

All three were convicted in 2001 for the 1998 murder of Thackoor Boodram, brother of notorious drug lord Nankisoon Boodram, also known as Dole Chadee. They were sentenced to death and were incarcerated at the condemned section of the Port of Spain prison until 2006, when their sentences were commuted to life in prison.

They were then transferred to the “lifers’division” at the MSP, where they say they were kept in a single cell which had its own toilet, shower, face basin and constant running water, and they had a 12-hour airing period when they could walk freely around the division and the courtyard.

They also said they had access to a television and radio and could use the wall phones. The three said since the covid19 pandemic, the lifers’ division was sanitised twice daily and the division was “much cleaner” than where they are now.

They also had access to medication and their special diets.

Each of them said since they were moved from the lifers’ division to the Wayne Jackson Building on July 24, they have had to share a ten-by-15 foot cell with four other prisoners, and claimed they were not getting their airing.

The hardest part of the move, they said, was moving from a 12-hour period of airing to none. They complained the only time they are allowed to leave the poorly ventilated cell was to take a short shower once a day in the new section, in the presence of other inmates, while prison guards watched. They also have to carry a bucket of water to the shower area, and Damian Ramiah complained of the back pains he endures because of a pinched nerve.

The three say they are being treated differently from other lifers.

They said their cell has no lights, running water, pipes or vents. The toilet only works for one hour in the morning and the stench in the cell is foul and the air musty. The new section is not sanitised and they are not given toiletries, they claim.

Bobby Ramiah also said he was afraid for his life because he was being kept with remanded prisoners on gang charges.

Maharaj said he was a vegetarian for 12 years because he was now a strict Hindu. He said a special diet catered to his religious beliefs and he had never had a problem receiving a vegetarian meal, with the occasional serving of fish, on the advice of prison doctors.

He said when he was moved to the new building, his first meal was fried chicken, lentils and rice, and since then he has been fed a general diet which includes meat.

They all say they have no disciplinary infractions against them and believe they are being punished for no reason.

Also going on affidavit in support of their claim was Maharaj’s brother, Samuel, who remains in the lifers’ section at the prison. He said the improved conditions and privileges he enjoys there go a long way towards giving him some sort of sanity. He said he knows there is a possibility he will spend the rest of his life in jail and knowing that “lifers” get some degree of comfort keeps his spirits somewhat lifted.

“If not for this airing time and other rights and amenities, I would not be able to carry on for the uncertain length of time I will continue to be incarcerated.”

In their judicial review claim, the three said the decision to remove their benefits was a form of punishment and was illegal and in breach of their legitimate expectation.

Their claim said the prison rules set a mandatory minimum of one hour's daily exercise for prisoners who do not work and once arrangements can be made, this must be done to preserve the health and well-being of the prisoner.

Their lawsuit said prisoners do not lose their constitutional rights during detention and while they may be deprived of their liberty, they continue to enjoy the rights and freedoms guaranteed by the Constitution.

They are represented by attorneys Gerald Ramdeen, Umesh Maharaj and Darryl Heeralal. The State is represented by a team of attorneys led by Senior Counsel Fyard Hosein.

Last week, the prison service said a tense situation developed at the Wayne Jackson Building when several prisoners in four cells set fire to their mattresses.

Prisons Commissioner Dennis Pulchan said the prisoners were those who were recently transferred there, who were protesting the move.

He said the fire was immediately extinguished and denied claims of a riot at the facility. He also said it was not uncommon or illegal for prisoners to be transferred from one facility to another.

“It is done...based on classification, availability of space, and risk factors,” a release from the prison service said.