“Vindra’s former accused to get $20 million”
BY FRANCIS JOSEPH
The way has now been cleared for nine men, acquitted of the murder of businesswoman Vindra Naipaul-Coolman, to be paid more than $20 million in damages and costs over their prosecution.
Last Thursday, the Judicial Committee of the Privy Council, dismissed an application by the Attorney General to appeal a decision of the TT Court of Appeal.
According to the three British Judges, permission to appeal was refused as “The application does not raise a point of law of general public importance.” The judges were Lord Lloyd-Jones, Lady Rose, and Lord Richards.
Vindra Naipaul-Coolman
With the matter at an end, it is now up to the State to pay the nine persons (one of whom has since been murdered).
What was the issue before the Privy Council?
Whether the Court of Appeal erred in reinstating the default judgment against the Attorney General.
The Facts
In 2007, Shervon Peters and Devon Peters, their brother Anthony Gloster, Joel Fraser, Ronald Armstrong, Keida and Jameel Garcia, Marlon Trimmingham, and Antonio Charles, were charged with the murder of Naipaul-Coolman.
They were acquitted on May 31, 2016, except for one of them, who had been released following a no-case submission. In 2020, the nine men sought damages for the tort of malicious prosecution.
The Attorney General of Trinidad and Tobago failed to defend the matter. In 2021, permission was granted for a default judgment. The assessment of quantum was then decided in January 2023 where each of the men was awarded $2.1 million and costs.
In March 2023, the Attorney General applied to set aside the default judgment on grounds of improper service; the wrongful exercise of discretion; and the absence of jurisdiction to order the entry of default judgment with damages to be assessed. This application succeeded on grounds of improper service.
The eight men acquitted in 2016
The former murder accused appealed to the Court of Appeal, challenging the orders made by the judge in setting aside the default judgment. The Attorney General, by counter-notice, appealed specific findings of facts and comments made by the judge.
By a 2-1 majority, the Court of Appeal allowed the appeal and reinstated the default judgment. The Attorney General then sought permission to appeal from the Privy Council.
On June 8, 2025, the Court of Appeal reinstated the $20 million judgment that was awarded to the nine men.
The decision was handed down in a virtual hearing before Justices Nolan Bereaux, Mark Mohammed and Ronnie Boodoosingh. It was a majority decision with Justices Bereaux and Mohammed agreeing, while Justice Boodoosingh, now Chief Justice, dissented.
The appeal involved the decision of Justice Joan Charles to set aside the multi-million dollar award that Master Martha Alexander had thought the men should receive.
Naipaul-Coolman, 52, was kidnapped outside her gate at Lange Park, Chaguanas, on December 19, 2006. She was reportedly taken to La Puerta, Diego Martin, where she died at the hands of her kidnappers. A ransom demand was made and $170,000 was reportedly paid.
The ransom demands stopped. Her body was chopped up and reportedly dumped in the Gulf of Paria. After an investigation by the police, several men were arrested and charged.
Naipaul-Coolman’s remains were never found.
Two of the men are still in custody awaiting a re-trial.
