State appeals $125M Toucan Suites judgement
October 7, 2008 | By knews | Filed Under News

The State has appealed the decision of High Court Judge Justice Jainarayan Singh Jnr. to grant judgement in the sum of $125M to the owner of the Toucan Suites guest house, which was destroyed by the Joint Services during a shootout with wanted man Linden ˜Blackie' London in February 2000.
The notice of appeal was filed yesterday by Attorney General Doodnauth Singh on behalf of the Government, the Commissioner of Police and the Chief of Staff of the Guyana Defence Force.
According to the Attorney General, the appeal is filed on the grounds that the trial judge erred in law and/or misdirected himself in finding the State liable for the damage caused to the plaintiff's property.
The appeal also noted that the judge erred in law and/or misdirected himself in awarding judgement against the State in the sum of $125M, being more than the estimated value of the said property.
However, according to court documents previously filed by Trotz's attorney, Andrew Pollard, a list of the particulars revealed claims for several other damages in addition to the actual property.
The documents showed that the plaintiff had claimed $58M for the building; $14M for furniture, fittings, effects (eight apartments); $2.3M for office furniture and equipment; $4M for generator, water pump and laundry appliances/equipment, and $1.1M for bar furniture, fittings and equipment.
There were also claims of $13.5M for loss of revenue (for period August 2, 2000 to date and continuing @ $18,000 per day), and $28.6M for goodwill of business, bringing the total claim to $121,656,000.
Three months after the destruction of his property, Trotz wrote to President Bharat Jagdeo claiming compensation for the said loss and damage suffered.
In July 2000, Trotz also wrote to Dr. Roger Luncheon, submitting a copy of the said claim that was previously sent to the President, requesting that it be dealt with expeditiously. In August, Dr. Luncheon replied that he had received the claim and promised to have a full discussion of it on receipt of a report of the incident.
On February 8, 2000, members of the Joint Services went to the property to apprehend notorious fugitive Linden ˜Blackie' London, who was hiding there in one of the apartments.
A fierce gun battle ensued for almost 11 hours, during which the Joint Services, comprising the Target Special Squad and ranks from the Guyana Defence Force, doused the premises with gasoline and proceeded to ignite it to force London out.
The Joint Services also used five anti-tank missiles, which created huge craters in the walls of the building.
In the end, the building was completely destroyed.
During the trial, the court found that Trotz's fundamental right not to be deprived of his property, as guaranteed by Articles 40 and 142 of the Constitution of Guyana, had been violated by the security forces. The court further held that it assessed the company's losses at $150M.
It awarded damages against the State, and ruled that N&R Co. Ltd be compensated for loss suffered.
The court also awarded cost in the sum of $150,000 as well as interest on the judgement at six percent per annum until the judgement is paid.
The State's main contention was that the security forces had been acting lawfully in carrying out a duty to apprehend criminals, and therefore they were not liable for any losses or damages caused in the course of doing so.
But attorney-at-law Andrew Pollard rebutted that while the State had an undoubted duty to maintain security, it also had a corresponding obligation to fully compensate citizens whose property the security forces destroyed in the course of carrying out their duties.
Attorney General Doodnauth Singh, in his submissions, also claimed that the State was not liable to compensate the company, as it had been carrying on what amounted to an apartment hotel without the requisite permit from the Central Housing and Planning Authority (CHPA).
But Pollard responded by pointing out that if the company did not have the land use permission, CHPA had redress to the CHPA Act to punish the company.
He argued that if the Attorney General was correct, then anyone who is found driving a vehicle without a license or for which the fitness has expired could have it taken away from them by the police, who could then burn it.
The court found favour with the arguments of the attorney representing N&R Co. Ltd.
During the course of handing down his judgement, Justice Jainarine Singh Jnr. observed that it is regrettable that the company had to resort to the court for a ruling.
He stated that the Government ought to have compensated promptly after the building was destroyed.
The judge also observed that he was not convinced that the Joint Services had not acted hastily in deciding to destroy the building.
In its notice of appeal, the State is claiming that the judgement of Justice Jainarayan Singh Jnr. could not be supported, having regard to the evidence.
The State also noted that additional and/or amended grounds may be filed upon seeing the final written judgement of the trial judge.
The State also wants the judgement of the learned trial judge be set aside, reversed and/or varied, and the respondents/applicants be ordered to pay the costs.

I can understand most except the Goodwill thing. Goodwill is in the intangible (name) and not bricks and morter. If he rebuilds, I'm sure he will have the Goodwill which the place carries.

The Govt would have to be FOOLS not to fight the decision!!! That is a REAL Democracy!!

Just doing the right thing seems so damn hard for this government to do!

This is Guyana for you.

quote:

The appeal [by the State] also noted that the judge erred in law and/or misdirected himself in awarding judgement against the State in the sum of $125M, being more than the estimated value of the said property.

How could the judge have misdirected himself?
Could they be saying that the judge is mad?

quote:

Originally posted by D2:
Just doing the right thing seems so damn hard for this government to do!

D2 why dont the Govt fight the cases against Buddies involving the Fuel Smuggleing in Guyana????????
That is such a simple case, he was caught redhanded.
Maybe Nehru can explain Jagdeo Logic or their Practice of Democracy.

quote:

Originally posted by D2:
Just doing the right thing seems so damn hard for this government to do!

Well, i always though sitting on the fence and cheering and second guessing is always easy. I guess, with the loss of such great talents like you, no wonder they can't do anything. You need to send in your CV. It might be exactly what the need.

quote:

Originally posted by baseman:

quote:

Originally posted by D2:
Just doing the right thing seems so damn hard for this government to do!

Well, i always though sitting on the fence and cheering and second guessing is always easy. I guess, with the loss of such great talents like you, no wonder they can't do anything. You need to send in your CV. It might be exactly what the need.

It does not take much to outshine most of those crooks. They are so intoxicated with their own greed and sense of entitlement that they are like any skid row drunk.

quote:

Originally posted by D2:

quote:

Originally posted by baseman:

quote:

Originally posted by D2:
Just doing the right thing seems so damn hard for this government to do!

Well, i always though sitting on the fence and cheering and second guessing is always easy. I guess, with the loss of such great talents like you, no wonder they can't do anything. You need to send in your CV. It might be exactly what the need.

It does not take much to outshine most of those crooks. They are so intoxicated with their own greed and sense of entitlement that they are like any skid row drunk.

As I said, there's your chance.

quote:

Originally posted by baseman:

quote:

Originally posted by D2:

quote:

Originally posted by baseman:

quote:

Originally posted by D2:
Just doing the right thing seems so damn hard for this government to do!

Well, i always though sitting on the fence and cheering and second guessing is always easy. I guess, with the loss of such great talents like you, no wonder they can't do anything. You need to send in your CV. It might be exactly what the need.

It does not take much to outshine most of those crooks. They are so intoxicated with their own greed and sense of entitlement that they are like any skid row drunk.

As I said, there's your chance.

Why would anyone want to work for a necrotic lot? You can go if you are concerned about it.

quote:

Originally posted by D2:

quote:

Originally posted by baseman:

quote:

Originally posted by D2:
Just doing the right thing seems so damn hard for this government to do!

Well, i always though sitting on the fence and cheering and second guessing is always easy. I guess, with the loss of such great talents like you, no wonder they can't do anything. You need to send in your CV. It might be exactly what the need.

It does not take much to outshine most of those crooks. They are so intoxicated with their own greed and sense of entitlement that they are like any skid row drunk.

When it comes to lying you certainly will outshine them all.
A born politician.

quote:

Originally posted by D2:

quote:

Originally posted by baseman:

quote:

Originally posted by D2:

quote:

Originally posted by baseman:

quote:

Originally posted by D2:
Just doing the right thing seems so damn hard for this government to do!

Well, i always though sitting on the fence and cheering and second guessing is always easy. I guess, with the loss of such great talents like you, no wonder they can't do anything. You need to send in your CV. It might be exactly what the need.

It does not take much to outshine most of those crooks. They are so intoxicated with their own greed and sense of entitlement that they are like any skid row drunk.

As I said, there's your chance.

Why would anyone want to work for a necrotic lot? You can go if you are concerned about it.

You dont see me being blindly critical of everything the do, you dont see me saying they are total duds. Therefore it's not for me to make the case, it's for you. Or are you punting when the tempreature goes up. As I said, go and show the alternative, or are you more comfortable with just pontificating from NY.

Bogus, govt owes the taxpayer due dilligence in protecting its monies. The Tucan Suite owner was in collusion with Blacke, why shouldn't he pay the price for bad judgement? This will teach all future collaborators not to be in bed with criminals as it comes with a price.