Gov’t appeals $125M High Court award to Toucan Suites owner

Government has appealed the $125M High Court ruling of Justice Jainarayan Singh Jr. which compensated the former owner of Toucan Suites for the damages he suffered during the Linden ‘Blackie’ London siege eight years ago.

The appeal was filed on the grounds that the judge erred in law and/or misdirected himself in finding government and the security forces liable for the damage caused to the property, and also in awarding judgment against them.

In court papers filed by Attorney General Doodnauth Singh, government said that the judgment of $125M was more than the estimated value of the hotel at Eccles, Bank Demerara.

Further, the appeal also stated that the judgment could not be supported having regard to the evidence. Government is asking for the judgment to be set aside or reversed.

On Tuesday last Justice Singh ruled that the joint services were hasty in their 11-hour siege of the Toucan Suites apartment building eight years ago to flush out the notorious ‘Blackie’ and awarded the owner damages and compensation for losses.

The judge, now retired, called the actions of the joint services on the days in question (February 8 and 9, 2000) “improper and impatient.”  “It mattered not whether the man came out dead or alive… the government has offered the plaintiff little or no compensation for his losses and damages to the building, but it is my view that he has every right under the constitution of Guyana to be reimbursed for his loss and the loss he continues to suffer,” he stated.

Norman Trotz, the owner of the property, had fought for years seeking redress in the court and outside the judicial system through discussions with the government. In February 2002, two years after the incident, he filed a constitutional motion in the High Court. In response, government had argued through the Attorney-General that the joint services were lawfully executing their duties.

In his High Court motion Trotz had stated his losses in excess of $121M listing the particulars of loss and damages as: building ($58M); furniture, fittings, effects for 8 apartments ($14M); office furniture and equipment ($2.3M), generator, water pump, laundry appliances/equipment ($4M); bar furniture, fittings and equipment ($1.1M); loss of revenue from 8/2/00 to date and continuing at $18,000 a day ($13.5M) and goodwill of business ($28.6M).