Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Government’s actions against COP Toussaint unlawful – Judge
Front Page
March 20, 2015

Government’s actions against COP Toussaint unlawful – Judge

Following a 12-year legal battle, a High Court judge has ruled in favour of a retired Commissioner of Police (COP) – deeming the actions of the Government towards him as “unconstitutional” and “unlawful”.

In a judgement handed down on March 3, 2015 by Justice Pearletta E Lanns of the Eastern {{more}}Caribbean Supreme Court, former COP Randolph Toussaint was awarded EC$361,779.30 plus interest, at a rate of six per cent per annum, for land that the Government acquired from him in December 2002.

In addition to that, the judgment stipulated that the Government must also pay Toussaint prescribed costs and $75,000 in “aggravated damages” within 60 days, or at a mutually agreed future date.

Speaking to SEARCHLIGHT, Toussaint said that he is “happy” with the result, but pointed out that the “battle” was won since 2007 when the Privy Council ruled in his favour.

“This is a battle that finished long time… I was vindicated, so this is only the cost,” he explained. “The only thing I didn’t get was… punitive damages, and it is my fault that I didn’t say what stress I went though for the period… Other than that, I am satisfied.”

Justice Lanns, in her judgment, said that the Government’s acquisition of Toussaint’s 12,957 sq ft land in Canouan under the then Land Acquisition Ordinance 1946 (now the Land Acquisition Act Cap 322) was “unconstitutional, unlawful and null and void.”

“This is a serious case,” stated Justice Lanns. “At issue is what was the true reason for the compulsory acquisition…”

She described the Government’s gazetted reason for acquiring the land – to build a Learning Resource Centre for the people of Canouan – as “pretended exercise of powers;” and said that the move was a contravention of the fundamental rights of the claimant (Toussaint).

In 1990, Toussaint bought the land in question from the then New Democratic Party (NDP) administration through the Development Corporation for $6,478.50.

After the Unity Labour Party won general elections in 2001, Toussaint received a letter (dated March 26, 2002) from the Attorney General, asserting that he had been allowed to purchase the land in Canouan at a low price that “didn’t reflect its fair market value” because of his close relationship with the previous administration. The letter required Toussaint to pay the Government the “purported” shortfall in price of $84,220.50, plus over $4,000 in stamp duty.

Toussaint did not respond to the Attorney General’s letter, neither did he reply to a subsequent letter sent on May 9, 2002. Instead, he had been engaged in selling the land to a third party. When the Deed of Conveyance was sent to the Valuation Department to progress the sale, it was kept and not returned.

During a budget debate on December 5, 2002, Prime Minister Dr Ralph Gonsalves said in Parliament that the sale of the land to Toussaint had been an “injustice” and a “scandal”, and that Government and Cabinet should act accordingly to rectify the matter.

He further recited a draft declaration that outlined that Toussaint’s land would be acquired for the purpose of building a Learning Resource Centre.

Three months later, Toussaint was informed that $9,717.80 had been deposited in his name at the Treasury Department by way of compensation for the acquisition.

Toussaint initiated legal action against the Government in October 2003, insisting that his land had not been acquired for public purpose, but instead to politically victimize him.

On May 25, 2004, Justice Louise Blenman ruled that the Prime Minister’s transcribed speech during the aforementioned December 2002 budget debate could not be submitted as evidence to support Toussaint’s claim, because it fell under parliamentary privilege.

However, the Privy Council overruled this decision in July 2007, allowing the Prime Minister’s statement to be made admissable as evidence. It found that to throw out said evidence would “unduly and effectively” undermine Toussaint’s right of access to the court.

However, actions (and lack of actions) on both the claimant’s and the defendant’s sides caused an “inordinate delay” in the trial, and the matter was not revived until 2014 – three years after the Learning Resource Centre in Canouan was officially opened.

The former Commissioner of Police readily acknowledged that although he was awarded costs, the Government now has the option to appeal this decision.

“I don’t see anything to appeal,” he noted. “[They] can only appeal to prolong the payment… in my opinion!”

Toussaint was represented by Ramesh Maharaj SC, along with Dr Godwin Friday and Mira Commissiong; while the Government/Attorney General was represented by Anthony Astaphan SC, along with Richard Williams, Kesron Walters and Karen Duncan. (JSV)

  • FacebookComments
  • ALSO IN THE NEWS
    Vigilante justice not the way to go, says Police Commissioner
    Front Page
    Vigilante justice not the way to go, says Police Commissioner
    Webmaster 
    April 10, 2026
    Violence against someone is not justified because of that person’s past; and people who may feel aggrieved by a situation should always go to the Roya...
    Owia man still missing
    Front Page
    Owia man still missing
    Webmaster 
    April 10, 2026
    The family of a 51-year-old fisherman of Owia, who was reported missing on Wednesday, April 1, 2026, is still at a loss as to what has really happened...
    CDC launches 2026 Vincy Mas with a difference
    Front Page
    CDC launches 2026 Vincy Mas with a difference
    Webmaster 
    April 10, 2026
    In keeping with the theme for Vincymas 2026 “The Great Escape”, the Carnival Development Corporation (CDC) used this year’s media launch on Tuesday, A...
    Holy week plagued with crime, multiple suspects arrested
    Front Page
    Holy week plagued with crime, multiple suspects arrested
    Webmaster 
    April 10, 2026
    A shooting, a stabbing and a burglary at a church were just some of the social ills that kept members of the Royal St Vincent and the Grenadines Polic...
    Leacock tells reporters to grow up!
    Front Page
    Leacock tells reporters to grow up!
    Webmaster 
    April 10, 2026
    Some reporters and media workers have been told to stop trivializing what is important serious matters. “…grow up…,” said the Deputy Prime Minister an...
    Big Super 6 Win for Barrouallie man
    Front Page
    Big Super 6 Win for Barrouallie man
    Webmaster 
    April 10, 2026
    Barrouallie resident Rohan Dickson is celebrating a huge win after securing EC$201,500 in the Super 6 Jackpot from the Tuesday, March 31, 2026 draw co...
    News
    EmpowerHer programme making positive inroads
    News
    EmpowerHer programme making positive inroads
    Webmaster 
    April 10, 2026
    More than a year ago, the St. Joseph’s Convent Kingstown (SJCK), implemented an impactful initiative aimed at helping to shape a new generation of con...
    Leacock seeks Taiwan support to establish Constituency  Development Fund in SVG
    News
    Leacock seeks Taiwan support to establish Constituency Development Fund in SVG
    Webmaster 
    April 10, 2026
    The New Democratic Party (NDP) administration is pushing for the establishment of a Constituency Development Fund and has discussed the idea with the ...
    Police charged for theft granted $3,000 bail
    From the Courts, News
    Police charged for theft granted $3,000 bail
    Webmaster 
    April 10, 2026
    A Police Constable, who is currently under investigation for alleged for attempted murder, has been granted bail on a theft charge. Phillip Arrindell ...
    Intoxicated Chauncey man bonded for abusing his ex
    From the Courts, News
    Intoxicated Chauncey man bonded for abusing his ex
    Webmaster 
    April 10, 2026
    A Chauncey man who slapped and beat his ex-girlfriend about her body while intoxicated, leaving her with a swollen face and hands, was bonded for nine...
    Mespo man fined $890 for cannabis possession and trafficking
    From the Courts, News
    Mespo man fined $890 for cannabis possession and trafficking
    Webmaster 
    April 10, 2026
    A man from Mesopotamia who admitted to illegally possessing and trafficking cannabis to earn money so he can surprise his toddler for her birthday, wa...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok