Jada Loutoo
Two former licensing officers have been acquitted of all charges, 24 years after their arrest on corruption and misconduct allegations.
A jury at the Hall of Justice, Port of Spain, delivered a unanimous not-guilty verdict on November 26 after deliberating for two and a half hours and asking several questions.
On March 21, 2000, Mohammed, 68, and Samlal were arrested and charged with corruption and misbehaviour in public office while working at the Licensing Office in San Fernando.
The charges stemmed from allegations that they solicited and received a bribe of $500 from two maxi-taxi drivers, Terrance and Arnold Bharath, in exchange for leniency over the use of illegal music systems in their vehicles.
The trial, originally slated for the San Fernando High Court, was transferred to Port of Spain for reasons of courtroom availability and began on November 4. Justice Maria Busby Earle-Caddle, part of a temporary judicial programme addressing longstanding cases, presided over the trial.
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Mohammed was represented by Adaphia Trancoso-Ribeiro and Collin Elbourne from the Public Defenders’ Department.
Samlal’s defence team included Prakash Ramadhar and Ved Trebouhansingh.
Before the start of the case, the Director of Public Prosecutions discontinued the misbehaviour charges, focusing instead on two corruption counts based on an application by the public defenders
According to the prosecution, the Bharaths claimed they agreed to pay Mohammed and Samlal $500 to avoid penalties for their unauthorised music systems. Terrance Bharath later reported the incident to the police, leading to a sting operation.
The police allegedly found marked bills in Mohammed’s possession during his arrest. Samlal was also implicated and was also arrested.
At the trial, Terrance Bharath’s testimony and that of another licensing officer were read to the jury, since they died before the matter reached the trial stage.
The jury was also told the alleged marked bills were destroyed by fire in 2009, so they could not be presented as evidence.
Defence cross-examinations revealed contradictions in the testimonies of the remaining witnesses, casting doubt on their reliability.
The defence contended that the Bharaths fabricated the allegations, alleging misconduct on the part of the police, including planting evidence. They argued that Mohammed and Samlal had followed proper procedures during the inspection and that the accusations were motivated by the Bharaths’ own legal troubles over allegedly having unauthorised music.
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In her summation, the judge emphasised to the jury the importance of evaluating the credibility of the witnesses and considering potential motives for dishonesty.
On Tuesday, the jury cleared Mohammed and Samlal of all charges.
An emotional Mohammed expressed gratitude to his legal team, particularly the Public Defenders’ Department, and shared relief at being reunited with his family.
After the charges against him were laid, he lost his job and had to sell vegetables to support his family. Since both men have reached retirement age, they cannot be reinstated.
Ramadhar criticised the delays in the criminal justice system, highlighting the hardships endured by the accused, including years of job suspension and personal difficulties. The defence also said the case underscored the challenges posed by systemic delays in the legal system, including prejudice against accused individuals owing to the prolonged suspension of cases. Both Mohammed and Samlal expressed hope of rebuilding their lives after decades of uncertainty.
Veona Neale-Munroe, Linda Ann Marshall and Melissa Sookhan of the DPP’s office prosecuted the two.
