$20m for 9 freed of Vindra Naipaul kidnapping/murder: Attorney files FOI request for report into missing file

AN attorney representing nine men charged with the kidnap and murder of businesswoman Vindra Naipaul-Coolman, has submitted a freedom of information (FOI) request to Attorney General Reginald Armour with respect to a report by former justice Stanley John into a missing file related to a malicious prosecution case involving nine men who were charged for the kidnapping and murder of businesswoman Vindra Naipaul Coolman in 2007.

In a signed FOI request document dated September 17, attorney Ganesh Saroop said he represented Shervon Peters, Devon Peters, Anthony Gloster, Joel Fraser, Ronald Armstrong, Keida Garcia, Jameel Garcia, Marlon Trimmingham and Antonio Charles.

These men, along with Earl Tremmingham, Raphael William, Allan “Scanny” Martin, and Lyndon James were charged for Naipaul-Coolman's kidnapping and murder.

Saroop said after a full trial on May 30, 2016, a jury returned a not guilty for all his clients.

But he added that a retrial was ordered for James and Trimmingham (Earl), William and Martin who are deceased

On May 29, Saroop continued, his clients filed a claim against the AG for damages for malicious prosecution in relation this matter.

He said the state filed no defence against this claim.

Master Alexander,

On the January 30 2023, Master Martha Alexander ordered the State to pay to the nine men:

i. Damages for malicious prosecution with an uplift for aggravated damages in the sum of $2 million each with interest at the rate of 2.5 per cent per annum from May 29, 2020 to January 30, 2023;

ii. Exemplary damages in the sum of $100,000 each;

iii. Expert’s costs in the sum of $68,000; and

iv. Prescribed costs in the sum of $200,917.56.

A grand total of more than $20 million.

On February 1, 2023, Armour held a news conference to indicate that a file in this matter had "disappeared."

Saroop added that John, who was appointed to investigate this matter, indicated last February that the file in question was handed over to the acting Solicitor General Karleen Seenath and the “reappearance” of this file forms part of his continuing investigation.

Last March, Saroop said, Armour disclosed that he received an interim report from John regarding the disappearance of the file.

The contents of that report, he continued, were never disclosed to the court, public or his clients.

Saroop said during a sitting of the Senate on September 9, Armour said he would not disclose the contents that report.

He lamented that his clients have waited for more than a year for Armour to analyse the report and disclose it to them, so they could make the necessary representations to the court.

"Unfortunately, this has not happened."

Against this background, the FOI request was filed.

The request seeks a copy of the John report into the missing file to be provided to Saroop.

The request also seeks for the copies of all invoices filed by the Office of the AG and Legal Affairs in relation to the investigation into the missing file, be provided to Saroop.

He said, "The AG’s actions risk eroding public confidence in the justice system and government as a whole. If citizens believe that key legal failures are deliberately hidden, they may lose faith in the state's willingness to safeguard their interests."

Saroop concluded the request, by saying that if the information being sought is not provided within 30 days, "an application for judicial review will be made pursuant to section 39 of the Freedom of Information Act."