…State argues owner is statute-barred to file action

THE seven-year-long trial involving the diamonds that mysteriously disappeared from police custody in 1994 came to a close on Wednesday before Justice Fidela Corbin-Lincoln, and the decision will soon be passed as to who is responsible for the missing stones.
The case was brought to the court by the owner of the diamonds, Ronald Khan, who on Wednesday testified before the court. The elderly man, who narrated his story while seated, said that he had a mining operation in the Ewang River, Potaro/Siparuni.
In 1994, there was an incident that occurred at his site where two persons were killed– his brother and another miner. He was also robbed of what he said was 430 carats of diamonds, which is worth $54 million. Khan explained that he had several scales which he used to weigh his diamonds to arrive at an accurate measurement.

On the night of the incident, Khan’s eyes were damaged and he received a gunshot to the left side of his neck, both of which caused injuries that he is still affected by.

Recalling the incident, Khan said he ran through “the trail” with blood all over his face “like when you kill a cow”, and was rescued by two of “Compton Davis’s workers”, who used their radio set to call for help, after which police officers from Mahdia Police Station came and collected him from Pamela Landing and took him to the Mahdia Hospital.

The following day, he was taken from the hospital to the Mahdia Police Station to identify the men who robbed him and murdered the two. Khan said the diamonds were retrieved from the criminals, and he witnessed the police officers weighing the diamonds and verified the amount and its worth. Khan said Constable Fraser told him that they would have to lodge the diamonds as evidence in the trial of the two men he had identified. After this was done, he said that the officers then transported the items from Mahdia to the ‘E’ and ‘F’ Division of the GPF.

Khan stated that he would have attended court about three times in relation to the matter, but is unaware of what was the result of the two men and his diamonds. To this day, he has never again seen his diamonds that were retrieved and lodged. He recalled checking about three times with the late Commissioner of Police, Henry Greene, who said he would investigate the matter, but nothing ever came out of that promise.
During cross examination, state representatives, Tiffany Castello and Joan Ann Edghill-Stuart suggested that from Khan’s injury to his eyes, he may not have been able to properly identify the diamonds. However, Khan explained that he is not completely blind, his vision is impaired, but he could have made out his diamonds. He was quite appalled when state attorney Tiffany Castello suggested that the minerals may not have been diamonds, but the man lamented that he was a pork-knocker since 1950 and he outlined how he tested the diamonds and placed them into categories; so he was quite sure of its realness and value.

The items which are now being referred to as “stones” by the state, were confirmed being retrieved and lodged, as testimonies would have also been made on Wednesday by three retired police officers who were involved in the investigation.

Retired Inspector of Police, Terrence Semple, stood in the witness box and stated that he was one of the officers who arrested the two criminals about two days after they received the information. A search was conducted and a crazy glue container with a quantity of stones was retrieved. Semple recalled seeing the container with “fine dark stones”, but cannot recall it being given back to anyone, but he said it was recorded and lodged.
Weslon Fraser, a retired police corporal also testified, stating that he was the officer who collected the stones from “Mr. Ramsay” at the Mahdia Police Station and handed it over to “Mr. Wilson” at the ‘E’ and ‘F’ Division. He also shared that he cannot recall Khan being brought to the station.

In fact, he said he was unaware that Khan was the victim of a robbery, as he was investigating the murder and attempted murder. The state also brought Courtney Ramsay, retired Senior Superintendent to testify, who confirmed that he indeed handed over the container to Fraser and was told that it was lodged. He, however, cannot recall it being said that it was handed over to Khan.

The judge then asked the state what really is the contention of the AG Chambers, as she would have “noticed that the submissions are silent”, adding that what is being done is citations of what is said in section 8 of the Limitation Act, but does not address the most critical issue. Justice Corbin-Lincoln pointed out that she is not too sure that the witnesses brought forward have really taken the issue further of whether in fact it was diamonds or not. “The only evidence the court has on whether or not it was diamonds is that of the plaintiff ”, the judge said.

In a previous hearing, the state argued that the action filed by Khan is statute-barred as it contravenes provisions of the Limitation Act. “Every action and suit for any movable property, or upon any contract, bargain, or agreement relating to movable property, or to recover money lent without written acknowledgment or upon any account or book debt, or to recover any salary or the value of any goods sold and delivered, shall be brought within three years next after the cause of action or suit has arisen,” Section 6 of the Act states.
Since the robbery of Khan’s mining camp occurred in 1994, the state advanced that he should have commenced civil proceedings to recover his property anytime within the three years therefrom. Suggesting that that seems to be the only argument that has to be looked into, Justice Corbin-Lincoln said that she will reserve her decision to address the issue of limitations, since there’s not much to say on the other issues, as there was no substantial evidence to support. The court was adjourned and a date for decision will soon be announced.