DEREK ACHONG
Senior Reporter
A man who was mistakenly kept in prison for eight years after being freed of an arson charge has won his appeal seeking increased compensation.
Last week, Appellate Judges Prakash Moosai, Gillian Lucky and Eleanor Donaldson-Honeywell upheld Wendell Beckles' appeal against the $800,000 in compensation he was awarded for false imprisonment.
The appeal panel found that the High Court Master, who assessed the compensation for Beckles in 2018, failed to consider his mental suffering and the fact that he was only released after filing legal action.
The panel ordered that Beckles should instead receive $1 million in general damages, in addition to the $100,000 in exemplary damages also awarded by the Master.
Beckles was arrested and charged with arson in 1999.
Although he was committed to stand trial after a preliminary inquiry, the Office of the Director of Public Prosecutions (DPP) remitted the case to a magistrate to take further evidence.
Beckles was eventually discharged by the magistrate in December 2001.
The magistrate's decision was not communicated to prison officials, and Beckles was kept on remand until he was released in September 2009, after his attorneys, Mark and Vishala Seepersad, pursued a habeas corpus writ.
Beckles' lawyers then pursued a civil lawsuit over what had transpired. The case was not defended by the State, and Beckles was awarded a default judgment.
In May 2012, High Court Judge Carol Gobin ordered $2.1 million in compensation for Beckles.
Beckles received the significant award even though Justice Gobin found that he could only claim compensation for the last four years of his unlawful detention, based on a four-year statutory limitation period for bringing such lawsuits after a cause of action arises.
Stating that no amount of money could compensate Beckles for the wrong meted out to him, Justice Gobin said: "It was essential that the Court made an award that sent a signal to the authorities that this kind of neglect of the rights of persons in their charge would be treated seriously."
The State appealed the quantum awarded, and the Court of Appeal remitted the case to Master Patricia Sobion-Awai for reassessment.
Master Sobion-Awai delivered her decision, which was the subject of the recent appeal, in September 2018.
In deciding the appeal, Justice Moosai found that Master Sobion-Awai was wrong to have failed to consider the trauma Beckles endured during the first four years of his unlawful incarceration, even though she was not permitted to award compensation directly based on that period.
"With the greatest of respect to the Master, it is wholly unrealistic to have concluded that the appellant’s mental distress and suffering would have been confined only to that period of time for which the law permitted him to be compensated," Justice Moosai said.
"To our minds, the better approach would have been to recognise that those four years immediately preceding the period for which he was to be compensated undoubtedly impacted his mental state, and while no damages could accrue to him for that statute-barred period, any award ought to properly reflect the toll that that period would nonetheless have taken," he added.
Justice Moosai also ruled that the Master should have considered the circumstances in which the error concerning Beckles was recognised.
"We find ourselves in agreement, and hold the view that this was a particularly aggravating feature because it not only amplifies the careless incompetence of the relevant authorities, but legitimately raises the question as to what may have become of the appellant had he not made such an application," Justice Moosai said.
The Attorney General's Office was represented by Monica Smith and Laura Persad.
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