News
Jada Loutoo
A man who spent more than 14 years on remand for a murder charge that was ultimately dismissed has signalled his intention to sue the State for damages, alleging wrongful arrest, false imprisonment and malicious prosecution.
In a pre-action protocol letter sent to the Attorney General, attorneys for Jameel Deleon of Ayoub Trace, Rio Claro, outlined their client’s intention to bring High Court proceedings against the Attorney General. He is represented by Ramesh Deena and Christian Deena.
According to the letter, Deleon was arrested on October 8, 2007, and charged with the murder of Christopher Lovelace. He appeared before the Rio Claro Magistrates’ Court on October 10, 2007, where the charge was laid indictably. The attorneys contend that, at no stage during the investigation, was Deleon identified as the person who stabbed Lovelace, nor was an identification parade conducted.
From October 2007 to May 2008, Deleon remained on remand as the matter was repeatedly called before Magistrate Omar Jokhan. On May 9, 2008, following a preliminary inquiry, he was committed to stand trial at the San Fernando Assizes after the magistrate ruled that a prima facie case had been made out.
The letter said that Deleon was indicted primarily on the basis of a white jersey with a bloodstain allegedly found during the execution of a search warrant at his home, while the other accused person in the matter was discharged. Despite what his attorneys describe as a “dearth of evidence,” Deleon was denied bail and remanded at the Golden Grove Prison, Arouca.
Deleon remained in custody from October 10, 2007, until December 14, 2021. His trial began on December 3, 2021, with the prosecution calling 16 witnesses. However, the defence successfully argued that there was no case to answer, and Justice Geoffrey Henderson dismissed the prosecution’s case, discharging Deleon on December 14, 2021.
In the pre-action letter, Deleon’s attorneys contend that his arrest, detention and prosecution were carried out without reasonable or probable cause and that the charge was laid maliciously and without any honest belief in his guilt. They argue that the burden lies on the State to justify the lawfulness of his arrest and prosecution.
The letter also details the conditions Deleon allegedly endured during his detention, including sleeping on concrete floors without a mattress at the Rio Claro Police Station, limited food, lack of hygiene facilities, and prolonged confinement in overcrowded holding cells at Golden Grove Prison. It further alleges that he was exposed to inhumane prison conditions, suffered psychological trauma, and was forced to defend himself against bullying and intimidation after being incarcerated at the age of 18.
Deleon’s attorneys claim that as a result of his prolonged incarceration, he lost his liberty for approximately 14 years, missed out on his youth, suffered anxiety from a groundless prosecution, and continues to experience social and economic hardship. They allege that he was displaced from his family home after his release and has been unable to secure steady employment due to the stigma of his arrest and imprisonment.
The proposed claim seeks damages for malicious prosecution, false imprisonment, aggravated and exemplary damages, as well as costs and interest. The Attorney General has been given 14 days to indicate whether the State is willing to settle the matter out of court. Failing a response, Deleon’s attorneys say they have instructions to commence legal proceedings to secure his rights.