Justice Roxanne George upheld arguments by attorney-at-law Mr. Basil Williams and ruled that Tularam’s right to a fair hearing within a reasonable time, guaranteed under Article 144 of the Constitution, had been contravened.

Consequently, the judge awarded $150,000 damages against the Attorney General, who was the respondent and $150,000 costs to the applicant.

Justice George made an order, as well, permanently staying the criminal charges laid against Tularam and, alternatively, quashing them.

In support of her application, Tularam said she was arrested on February 17, 2005 and detained in East La Penitence Police Station lock-up for three days in relation to the allegation of larceny from her employer, the GRA Customs and Trade Administration.

She said, from February 21 to the September 19, 2005 she was ordered to report daily to the Criminal Investigations Department (CID) at Police Headquarters, Eve Leary, Kingston, Georgetown, in connection with the investigations after having, on February 21, 2005, been given a letter of dismissal from her employment.

On September 19, 2005 she was charged indictably on four counts of larceny by clerk or servant and appeared before Magistrate Bertlyn Reynolds the same day, when she was granted $90,000 after the Administration of Justice Act (AJA) was applied and she pleaded not guilty.

Tularam said, on November 15, 2005, she made an appearance before then Acting Chief Magistrate Cecil Sullivan to whom the cases had been transferred.

She said, between the November 15, 2005 and May 8, 2006, she made appearances before Sullivan but the charges were never heard until he finally re-assigned them to Magistrate Gordon Gilhuys, before whom one witness testified but never completed evidence-in-chief.

Tularam said the cases were next sent to Magistrate Neil Hawke and have been adjourned to October 10, 2008 and November 28, 2008, in that order, for report.

The applicant claimed that the delay in prosecuting the charges severely affected her health, caused and continued to cause her mental anguish and prevented her from obtaining other suitable employment and affected her prospects for marriage, too.