Berbice triple murder: Accused whose bail was unlawfully revoked by Judge awarded $5M in damages

Finding that bail for Chaitram (only name given), a 69-year-old man who is awaiting trial for accessory after the fact to murder was unlawfully revoked by High Court Judge Sandil Kissoon. Another High Court Judge, Simone Morris-Ramlall has ordered the accused’s immediate release from custody, awarding him $5 million in damages for breaches to his constitutional rights by the State.

Chaitram, also known as “Cashew”, a father of four and rice farmer of Black Bush Polder, Region Six (East Berbice-Corentyne), was charged in 2016, in relation to the murders of Pawan Chandradeo, 38; his son, Jaikarran Chandradeo, 15; and his brother-in-law, Naresh Rooplall, 33.
On Friday, July 23, 2016, the bodies of the Chandradeos and Rooplall, the elder Chandradeo’s brother-in-law, of Number 73 Village, Corentyne, were discovered lying next to each other on a dam at Cookrite Savannah, Black Bush Polder, with gunshot wounds.
He was charged on the basis that between July 21 and 22, 2016, at Black Bush Polder, he received, conspired, and provided assistance to the four men after they murdered the trio.

The four men are Chaitram’s son, Carlton Chaitram; and Jairam Chaitram, his grandson; along with Tameshwar Jagmohan and Rakesh Karamchand. They were charged and committed to stand trial for the triple murder. Carlton and his son and Karamchand opted to plead guilty to the lesser offence of manslaughter and were each handed a life sentence by Justice Sandil Kissoon earlier this year.
Jagmohan, who was found guilty by a jury, was sentenced to death by the same Judge.

Chaitram was granted $2 million bail on October 19, 2016, by Senior Magistrate Alex Moore pending the hearing and determination of a trial at the High Court.
Weeks before the quartet was convicted, one of them give evidence that Chaitram had visited the jail on January 26, spoke with Jagmohan, and attempted to pervert the course of justice.
Chaitram’s lawyer, Senior Counsel Murseline Bacchus said that Justice Kissoon did not take any evidence in relation to the alleged attempt to pervert the course of justice, but instead purported to and did revoke the bail granted by Magistrate Moore, and signed an order that very day for his client to be arrested and remanded to prison.
In an application challenging the revocation of the bail, Bacchus contended that although Jagmohan’s statement was ruled admissible by Justice Kissoon, it cannot be used as evidence against any of the other persons and that his client never breached any conditions of bail.
Considering this, and that no application was made by the State for the revocation of the bail, he submitted that he was extremely doubtful that Justice Kissoon had any power to revoke the bail.
The Senior Counsel, therefore, contended that his client’s imprisonment on remand is contrary to law and contrary to Article 139 of the Constitution and orders should be made for his release.
Having found that Justice Kissoon’s order for the accused to be committed to prison is unconstitutional, illegal, void, and of no effect, Justice Morris-Ramlall, on Monday, quashed the order revoking the bail, ordering that the man be released from custody forthwith.
She made a further order for the State to pay general damages in the sum of $4 million for Chaitram’s unlawful detention with interest at the rate of six per cent per annum from February 2 to July 18 and at four per cent from July 19 until the judgement sum is fully paid.
The State was also ordered to pay the man $1 million in exemplary damages and $150,000 in court costs. The latter has to be paid on or before August 19. Solicitor General Nigel Hawke represented the State in this matter.