Appeal Court Raises Damages After Years of Unlawful Imprisonment

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A man charged with arson in 1999 was discharged by a magistrate on 18 December 2001 but remained imprisoned until 8 September 2009, when habeas corpus proceedings secured his release. Those facts are recorded in the Court of Appeal’s judgment delivered on 30 October 2026.

Sources: Court of Appeal, judgment delivered 30 Oct 2026 ↗

A limitation ruling restricted the period for which damages could be recovered to four years. The earlier assessment awarded TT$800,000 in general damages and TT$100,000 in exemplary damages. The appeal concerned the assessment, rather than a new criminal conviction.

Sources: Court of Appeal, judgment delivered 30 Oct 2026 ↗ · CNC3, 5 Nov, 3:16 p.m. Trinidad time ↗

The appeal court found that the assessment should account for how the earlier years of detention affected the man’s suffering during the compensable period. It also treated the need for habeas corpus proceedings to obtain release as an aggravating feature.

Sources: Court of Appeal, judgment delivered 30 Oct 2026 ↗

The court raised general damages to TT$1 million, affirmed the order in other respects and said it would hear the parties on costs. CNC3 reported the decision on 5 November. The judgment establishes the award; the reviewed material does not establish payment. Unnecessary personal medical and family details are omitted.

Sources: Court of Appeal, judgment delivered 30 Oct 2026 ↗ · CNC3, 5 Nov, 3:16 p.m. Trinidad time ↗