Drugs Sou Sou founder gets court's nod to challenge his discharge from army

Drugs Sou Sou (DSS) founder Kerron Clarke has received the green light from the court to pursue his constitutional claim challenging his dismissal from the TT Defence Force after he was slapped with four money laundering charges in June 2022.

On Tuesday, Justice Nadia Kangaloo dismissed an application by the State to strike out Clarke’s constitutional claim for a declaration that his right to a fair hearing in keeping with the principles of natural justice was infringed as well as monetary compensation arising out of his discharge.

Kangaloo said in its strike-out application, the State argued that Clarke’s constitutional claim was an abuse of process and aimed at circumventing the procedures of challenging administrative actions through judicial review.

She also said the State “sought to paint a picture” that Clarke’s claim was really a desire to secure monetary compensation and did not warrant constitutional relief.

However, she said Clarke’s evidence “belies” that contention as she referred to some of it as it related to the adjustment of monetary compensation after his interdiction and then his discharge.

Kangaloo said while civil courts are reluctant to intervene in matters concerning military conduct and law, such as discipline, rules, regulations and matters of service, they can only do so if the civil rights of the soldier are affected.

“The question I have to ask myself is if, in examining the reliefs sought and his evidence, this is one of those claims that are purely for military law."

She referred to the Defence Force Act, which she said related to military conduct and law and which sets out a number of avenues a soldier can pursue if aggrieved.

However, in Clarke’s case, she said there were two stages in his dealings with the Defence Force on his standing as a soldier.

The first, she said, was in relation to his interdiction for which he sought and obtained an opportunity to be heard.

However, in relation to his discharge, she said “he was not given the opportunity to be heard or a fair hearing or any at all,” and had “quite rightly” sought to articulate his grievances in his constitutional motion.

In dismissing the State’s application, Kangaloo said Clarke should be given the “opportunity to continue to pursue his constitutional claim” for the alleged contravention of his rights.

She has reserved the decision on the costs the State will have to pay in its unsuccessful application and gave directions for the filing of evidence in the form of affidavits and written submissions.

She intends to give her final ruling on the claim on April 2, 2024.

Clarke was put on administrative leave in November 2020 and then discharged from the regiment when he was slapped with criminal charges.

The charges allegedly stem from a “sou sou” which Clarke allegedly led. It also relates to the seizure of $7.7 million cash from his DSS operation in La Horquetta after two police raids.

The first raid took place on September 21, 2020, by the Special Operations Response Team (SORT). Around $22 million in cash was taken by police to the La Horquetta Police Station but was later returned to DSS. In October 2021, DSS was raided again, this time by officers of the Financial Investigations Branch and approximately $7 million was seized.

Clarke has challenged the Commissioner of Police in a similar action. That matter comes up for hearing on July 20.

Clarke is represented by attorney Lasana Murray while Sanjiv Sookoo and Natoya Moore appeared for the State.