After serving more than 24 years in prison, a 51-year-old convicted robber was yesterday freed by a High Court Judge who ruled that his sentence was unfair and illegal. Justice Joan Charles gave the ruling in the Port-of-Spain High Court yesterday in favour of John “The Parrot” Kalicharan, who was serving a 40-year sentence for an armed robbery which occurred in the 1980s.
In her oral judgment, Charles described Kalicharan’s case as “rare and unprecedented.” She said his sentence was not consistent with past and present sentencing rules and guidelines. “Persons can only be sentenced in accordance with law,” she said. Charles ordered prison authorities to release Kalicharan forthwith and ordered he should be paid damages for breaches of his fundamental rights under the Constitution. The damages are expected to be assessed by a Master of the High Court.
After the judgment, Kalicharan was escorted to the Port-of-Spain State Prison where he collected his belongings and was released shortly before 5 pm. In a brief interview outside the Frederick Street prison, Kalicharan said he was elated. “It was 24 long years I spend inside there. I happy to finally get justice,” he said. Kalicharan, a singer and musician who was a regular fixture in the Prison Service’s annual calypso competition, said he planned to revive his career.
“I am a soca artist. My plan now is to pursue my career and get my life back together,” a smiling Kalicharan said as he embraced friends on hand to greet him on his release. In 1989 Kalicharan was convicted of four charges of armed robbery, which arose out of one incident. Justice Aeneas Wills later sentenced him to four ten-year prison terms which were to run consecutively. As part of the sentence, Wills also ordered that Kalicharan should receive 30 strokes with the birch.
In his evidence, which was not contested by the State, Kalicharan said while serving his sentence he was placed on Death Row for three years. He also said a month after being convicted, he was tricked by a prison officer into discontinuing his appeal. In his constitutional motion, Kalicharan submitted that his trial was unfair and unconstitutional because he was prevented from calling four witnesses and obtaining police records, which would have proved he was in custody at the time of the robbery.
He claimed his sentence was excessive and amounted to “cruel and unusual punishment” and submitted the corporal punishment ordered by Wills was well over the statutory limit of 20 strokes. Prison authorities admitted that Kalicharan had only received 20 strokes since his incarceration and the rest could be imposed. In her judgment, Charles agreed with Kalicharan’s submissions and ordered that Wills’ corporal punishment order be stayed.
Kalicharan was represented by Dara Estrada and Neil Byam appeared for the Commissioner of Prisons.