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‘Blackie’ siege

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).

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40 Responses to “‘Blackie’ siege”

Gerry
on October 7th, 2008 6:30 am

SHANE ON YOU
PAY THE MAN.HE WAITED FOR 8 YEARS. COMPENSATE THE MAN AND STOP WASTING MORE MONEY TO APPEAL.

[Reply to this]
amen-ra
on October 7th, 2008 8:21 am

Guyana govt is a bully, they want to be wrong and strong. I remember on incident in ny where police officers went to a wrong address and broke the door down and found it was the wrong apartment, and they were made to compensate the person for damage and emotional stress. So the guyana govt should pay the owner according to the judgment. simple as that.

[Reply to this]
lambada
In reply to the above comment on October 7th, 2008 12:56 pm:
dont forget that this dangerous criminal was in the hotel and the owner allowed it with all the high power arms along with him and it takes the police almost twelve hours to flush him out, so what you talking about, the most i would advise the goverment to do is to repair the hotel and sue the owner for harbouring a criminal.

[Reply to this]
andreau
In reply to the above comment on October 13th, 2008 11:23 pm:
LAMBADA
I am disappointed with Lambada about your claim that Mr. Trotz was in fact harboring a criminal. Now if there is – if you have any - evidence to cohobate your claim that Mr. Trotz was harboring Blackie, you should provide same to the Govt… I’m sure they would be most grateful to you for it, as they (the Govt) have no such evidence to make a successful claim.

What should be of concern, is fact that Guyanese business owners have no protection against GOG impunity. II think the Judges’ ruling was a fair one and the Govt needs to pay.

I think more law abiding Guyanese must join in and condemned government’s actions. This backward and savaged like behavior is unacceptable and has to stop. Mr. Trotz needs to be unequivocally compensated

good guy
In reply to the above comment on October 7th, 2008 3:19 pm:
Mr Govt has a right to appeal . MR Trotz should not get any compensation —-It is called ” Causalities of War ” . Guys –remember Waco Texas . How about charging Trotz for harbouring a criminal .

[Reply to this]
john brown
In reply to the above comment on October 12th, 2008 9:01 am:
since when does a hotel ask you to show what you are bringing in your suit cases. Bloggers i guess only in guyana could this occur.
evileyes
on October 7th, 2008 9:31 am

As I said before and say it again:::Compenstation award justified….Next time the JS will know how to flush out criminals with minimum damages….

[Reply to this]
good guy
In reply to the above comment on October 7th, 2008 3:53 pm:
Congrats Evileyes –you made the TOP 5 “most Talkative Readers ” with 564 blogs , and you seems to be the only one in the top 5 still blooging . Is that your “second Job ” –heeeeeee. Continue to blog man –great job –maybe SN needs to give you an award .

[Reply to this]
Bevon Currie
on October 7th, 2008 9:52 am

Live all the other cases that did not go in the government favour the government is again using the slothfulness of the Judiciary to suppress a patriotic Guyanese and thwarting the course of justice

[Reply to this]
malaika06
In reply to the above comment on October 8th, 2008 2:00 pm:
Told you so!!! Did you expect anything different? Aye, aye, aye what a country we live in eh? Talk about about being democratic and observing the rule of law?

[Reply to this]
freespeech
In reply to the above comment on October 11th, 2008 8:29 pm:
which country you live? in to make a comment like that.
Tygo
on October 7th, 2008 9:59 am

Let my tax money and my family & friends tax money compensate this man.

[Reply to this]
coolieman
on October 7th, 2008 10:10 am

Govt has a right to appeal, why pay when the case is not finished, that award smells a little fishy

[Reply to this]
Fulano de Tal
In reply to the above comment on October 7th, 2008 12:18 pm:
Blinded by the light!

[Reply to this]
briantee
In reply to the above comment on October 7th, 2008 6:50 pm:
The JS destroyed the man’s property and the Govt should honor the courts decision and pay.

Its time they show some class. and stop trying to bully people.

[Reply to this]
Arnold
on October 7th, 2008 10:37 am

Eveyone has the right to appeal, civillian or the govt, but it must be a speedy one.
This Guy tried a government/person dialogue(out of court) for compensation with no avail.
——————While the grass growing the horses dying of hunger.———————

[Reply to this]
The Voice
on October 7th, 2008 10:58 am

The Government should be ashamed to appeal this decision. However this was expected given their stubborness.

[Reply to this]
Richard Lewis
on October 7th, 2008 11:12 am

I absolutely hate people who will not take responsibility for their actions or the actions of their servants. Passing the buck seems to be the order of the day. No more said.

[Reply to this]
DreamAtlanta
on October 7th, 2008 2:00 pm

Doodnauth Singh need to stop . The man need to be paid and right now. No further delays. The army and the Police erred. The whole world know that. the man has lost earnings, equity and endless profits.

PAY HIM.

[Reply to this]
zhaunesse
on October 7th, 2008 2:29 pm

Coolieman! ..are you aware that Mr. Trotz took this matter to court on the advice of the Attorney General and Roger Luncheon??? (guess not) and attended in excess of 51 court sessions over the past years…placing his trust i’m sure in the judicial system to arrive at a fair and resonable settlement…now that the court handed down its judgement…the honourable judge stated “the GOVERNMENT OUGHT TO HAVE COMENSATED PROMPLY AFTER THE BUILDING WAS DESTROYED.”..under the constitution of Guyana mr. trotz have every right to be reimbursed for his loss and the loss he continues to suffer!!! come on coollieman…tell me what’s fishy about that? is it fair to say that you therefore question the laws of Guyana?

[Reply to this]
freespeech
In reply to the above comment on October 11th, 2008 8:33 pm:
its fair to say that the SF can now charge him for ‘harboring, aiding and abetting a criminal’

[Reply to this]
shocked
on October 7th, 2008 2:40 pm

While I am not questioning the tactics of the JS, they destroyed a place of business, so they should compenstate the owner. Mu question is; why is the gov’t so hell bent on not paying this man? They boast of welcoming investments, so what are you telling persons interested in investing. That you can give one illegal concessions and others nothing. What is the criteria on who must get and who must not.

[Reply to this]
Free One
on October 7th, 2008 2:54 pm

please take our tax money and pay the man,

[Reply to this]
RAJ OF RICHMOND HILL
on October 7th, 2008 6:08 pm

Quite an interesting case. I thought the only basis on which govt. could have avoided paying is if they can prove Trotz was somehow involved in aiding and abetting a fugitive in running from the police. And, if Trotz was involved in such an enterprise then under the law he must bear the risk and consequences of his actions. But this point was never brought up - and govt. never made such charges against Trotz.

In the United States Trotz’s insurance company would have borne the full burden of compensation. If Trotz has no complicity with Blackie, he is entitled to the full protection of the constitution - and that means somebody has to compensate him for the damages and loss of business income. Absent an insurance company, that somebody is the govt.

[Reply to this]
michael tannassee
on October 7th, 2008 7:24 pm

The govt is entitled to an appeal ,, and as such must exercise that right in a case where they feel the decision ,, by the sitting Justice,, gave an erroneous ruling ,,

that aside ,, isn’t the govts actions on par with the doctrines of democracy ??????

[Reply to this]
decanadianCarlVeecock
In reply to the above comment on October 8th, 2008 3:41 am:
michael tannassee….did you read zhaunesse post above?

Maybe it crossed with yours, but now that you have a chance to read it,
what is your REAL OPINION NOW?

Did you use the word ‘demoicracy ‘ in the context of Guyana?

Time for a “fact check” by you !

[Reply to this]
LINBUX
on October 7th, 2008 9:50 pm

Stop the b——-ing and pay the guy for all his losses.He was’nt the person renting the rooms,he had a staff you know,so how would he know who his tennants were? I rented an apartment there on my visit from the U.S for three weeks, and I actually saw and was introduced to Mr.Trotz about five days before my departure back to the U.S.,so I think he deserves his compensation.
Just think about how much money he spent to build and have such convenience as he had in that place,and to lose it all in the way it was done and not compensated,Oh No.

[Reply to this]
tyronemiller
on October 8th, 2008 12:42 am

THIS IS EASY MATHS TAKE THE MONEY THAT U PROMISE THE JS FOR THE CAPTURE OF FINEMAN/SKINNY PUT 75 MILLION MORE WITH IT STORY DONE ……..THIS HOW INCOMPETENT UR SECURITY FORCE IS [JS] JUST IMAGIN ONE MAN IN A BUILDING N FOR THEM TO GET HIM U BURD THE PREMISSES DOWN…..THERE WERE NO NEGOTIATION,COMPROMISE, TACTICS BEEN ACQUIRE AT THE TIME ……JUST ONE MAN SAY BURN THE PLACE N EVERYBODY AGREES FOR ONE [1] [1] MAN 11HRS …..U GUYS DNT EVEN DESERVE UR OWN PAY CHECK GIVE MR TROZT THE 50MILLION N OWN HIM THE REST LATER HOPIN THAT ANOTHER FUGITIVE GOON THE LOOSE WITH A 75 MILLION ON HIS HEAD ……INSTEAD U IN AUTTORITY GIVE OUT THOSE INCENTIVES FOR A WANTED PERSON USE THAT SAME MONEY N SEND THEM TO EDUCATE THEMSELVES IN CRIME FIGHTIN N OTHER STRATEGIC METHODS BASE ON INTELLIGENCE N NOT IGNORANCE

[Reply to this]
michael tannassee
on October 8th, 2008 8:18 am

If indeed the Attorney General and Dr. Luncheon ,, did advise the owner of the infamous hotel ? it is indicative of a mark of respect for DEMOCRACY held by these two men,, no less !,,,,,,, so too,, then,, it should be balanced that if he (de ownah ah de hotel ) did by advice engage the system for a redress thru the democratic process using the judiciary to further his claim ,, and was so awarded ,, then it is with the same principle that the govt ,, as the defendant in this scenario ,, MUST have the right to appeal ,,,,,,,, that is the DEMOCRATIC right !

there is of course ,, many questions ,, that any layman of law ,, can see as errors of judgement ,, out of which could well result in the overturning of the decision of the justice who ,, may have well created a precedent for his own posterity !……

[Reply to this]
RobbyG
on October 8th, 2008 8:42 am

Democracy and justice is a sham in Guyana .. Mr Trotz should be paid forthwith but then again it is typical of the Jagdeo government.

[Reply to this]
Ricardo
on October 8th, 2008 11:15 am

My guess is if this hotel belonged to Buddy or some other Party affiliate there would have been a payout long ago not eight years after the fact. Give the guy his money he deserves it. And by the way Good Guy said “Mr. Trotz was harbouring a criminal” Do you know how many criminals check into luxury hotels and no one is aware they are. Guess the receptionist has to ask the question of every guest “Are you a criminal or not?”
They destroyed the man’s property then they should pay for it. Let the President take it from the Lotto fund.

[Reply to this]
malaika06
In reply to the above comment on October 8th, 2008 2:05 pm:
Here! here!.Ricardo, I totally agree with you. Justice is supposed to be blind, right?

[Reply to this]
Ankoko
In reply to the above comment on October 11th, 2008 1:21 pm:
Dunno wha number I got pon dis hay. I ‘gree dat Trotz mus be paid fuh de damages dun to he prapty. Trotz is wa o de G’nese who lef US an come back fuh help de country an dis is a wrang way fuh repay e. E din dealin drugs like some oddas wh shall remain nameless! - but lemme point out a few tings. It all but impossible to prove dat a hotelier harborin criminal. ask Doodnauth - e is wan o we high legal talent. E kno dat. De govament ent gat no excuse but spitefulness fuh not wantin fuh pay de man.

[Reply to this]
good guy
In reply to the above comment on October 12th, 2008 1:58 pm:
Ricardo –in every country –they ask for a photo ID when checking in . At the time they had wanted posters for Blackie . Could you answer this question –why would a country’s most wanted man check in a hotel in the city and that particular hotel . Criminals have a tendency of keeping a low profile —hiding in obscure places before planning to attack (as in case of Fineman ) . My conclusion was that either he was protected by others or was a “master of disguise ” Guyana is a small country —and people talk . you cant compare g/t to the USA .

[Reply to this]
john brown
In reply to the above comment on October 12th, 2008 8:55 pm:
good guy since when hotels ask for ID when u checking in. Most hotels are interested in the money.
david pete
on October 8th, 2008 11:45 pm

me three
thats the reality, in our dear land of GUYANA
shame,shame ,shame
shame on u
PAY DE MAN

[Reply to this]
bgsbny
on October 9th, 2008 12:08 pm

ehhh ! what’s up doc ? so now ,, we r going to throw out all that is democracy with the garbage ,, and just rush off to pay ,, cos de judge seh suh ,, ??? since dis is how y’all seeing it ,, i say …….

APPEAL ! APPEAL ! APPEA,,,,,,,,, until he gts what’s deserving of him for aiding a know WANTED ingrate of society !,,,,, the arguments here ,, is why those who cry and clamour for the rule of law and democracy,, r seen as opportunists !…….

[Reply to this]
Amarie
on October 9th, 2008 1:06 pm

The GOG has a right to appeal and the judge has the right to do the right thing again. PAY THE MAN!!!
We cannot allow the police to get away with this type of treatment. They destroyed part of the man’s livelihood and should be made to pay.

[Reply to this]
Madan Jagdeo
on October 11th, 2008 10:38 am

Ignorance is no excuse…blackie was a wanted man and should not have been given a safe haven…if the govt compensates the owner of this hotel ..they should do the same for all the houses they have ransacked in their search for criminals drugs ..etc

[Reply to this]
bess
on October 13th, 2008 10:19 am

Let teh man be paid, you want him wait 17 years like miss Prince?
pay him and pay him now and fast too.

[Reply to this]