A 41-year-old taxi driver has won his compensation lawsuit against the San Fernando City Corporation, almost 13 years after one of its municipal police officers shot him in the neck. In an oral ruling on Wednesday, the Court of Appeal overturned the 2005 ruling of a High Court judge that the State was liable for his injuries, and not the corporation. Appeal judges Allan Mendonca, Paula Mae-Weekes and Prakash Moosai sat on the appeal.
In its judgment, the court noted that the police officer, PC Krishna Jaikaran, was employed by the corporation, which had issued the gun he used to shoot Vishnu Ramdath. The court then ruled that the city corporation was vicariously liable for Jaikaran’s actions after analysing the Municipal Corporation Act and the State Liability and Proceeding Act. As part of the judgment, the judges ordered that the damages in the case should be assessed by a High Court master and the corporation should pay Ramdath’s legal costs.
The incident occurred on the Diamond Village taxi stand, at the corner of Coffee and Lord Streets in San Fernando, on March 28, 2000. After an investigation, Jaikaran was charged with attempted murder. At the start of his trial before Justice Malcolm Holdip on November 5, 2003, Jaikaran pleaded guilty and was sentenced to seven years in prison.
On the day of the incident, Ramdath was driving along Coffee Street when he made the U-turn in the middle of the road. Jaikaran reportedly stopped Ramdath’s car, told him of his traffic violation and asked for his driver’s permit and insurance. Ramdath reportedly drove foward and almost collided with Jaikaran, who drew his gun and shot him in the neck. In an interview at his attorney’s office on Thursday, Ramdath said he was happy to finally receive justice for the pain and trauma he suffered.
“After so long, I thought this matter was dead. I was shocked when we got the judgment yesterday (Thursday),” Ramdath said. He said Attorney General Anand Ramlogan had taken up his case in 2001, when he was still in private practice, but questioned why it took over ten years for his matter to be determined. “I don’t know why it take so long. Poor people should not have to wait so long for the courts,” Ramdath said.
Court records showed Ramdath’s appeal was only heard in 2011 because High Court judge Joseph Tam initially gave an oral judgment in 2005 and only provided written reasons six years later. Ramdath said even though Jaikaran was convicted of attempted murder, some of Jaikaran’s colleagues still harass him up till today. “Every time they see me, they searching my vehicle. They always telling me that they will give me a ticket whenever they see me again,” Ramdath said.
The corporation was represented by Ernest Koylass, SC, while Senior Counsel Avory Sinanan represented the State.