…cites his failure to comply with case management timelines

HIGH Court Judge, Justice Priya Sewnarine-Beharry on Monday dismissed a case brought by the Enmore Neighbourhood Democratic Council (NDC) against Clive Thomas, Aubrey Heath- Retemyer and Attorney General, Basil Williams, for damages for trespass, unlawful seizure and confiscation of a quantity of desktop computer systems and power packs, among other reliefs.

Justice Sewnarine-Beharry dismissed the case due to the failure of the claimant’s attorney, Anil Nandlall, to comply with the Case Management timelines set by the Judge, pursuant to the new Civil Procedure Rules. The attorney has failed to comply with the Case Management timetable by not filing and serving any Affidavit of Documentary Evidence, and a complete list of witness or witnesses in the said matter.

Back in April, the State Asset Recovery Unit (SARU) removed from the Enmore NDC computers belonging to the local government authority. The computers were reportedly given to the NDC by the Basic Needs Trust Fund, and at a statutory meeting, a decision was taken to have them sold.

SARU officials on arrival at the NDC, found the 15 computers in a “state of disrepair,” and it was observed that the units were improperly stored in dusty conditions, and there was no evidence to suggest that the computers were used recently. The PPP, which controls the NDC, had claimed that the computers were being used to teach evening classes for residents.

As a result of the seizure, Nandlall, filed and claimed for damages in excess of $5M. The NDC, through its attorney, claimed for damages in excess of $1M for trespass committed on April 6, 2017 at the office of the NDC by five men, members of the State Assets Recovery Unit (SARU); damages in excess of $1M for the unlawful seizure and confiscation of a quantity of desktop computer systems along with backup power packs, all being the property of the NDC on the said day by the said SARU agents; damages in excess of $1M for unlawful detention of a quantity of desktop computer systems along with backup power packs; damages in excess of $1M for conversion of a quantity of desktop computer systems along with backup power packs; and aggravated and exemplary damages in excess of $1M.

The claimant contended that the NDC is, and was at all material times, a statutory body corporate and an autonomous legally-elected body which is independent of the Government. Judy Stuart Adonis and Collene Liverpool, State Counsel appeared for the Defendants while Rajendra Jaigobin appeared for the Claimant on Monday.