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News (Media Awareness Project) - Barbados: Boat Owner Sues Govt
Title:Barbados: Boat Owner Sues Govt
Published On:2008-02-01
Source:Daily Nation (Barbados)
Fetched On:2008-02-04 01:22:16
BOAT OWNER SUES GOVT

A BOAT OWNER, whose fishing vessel was confiscated more than five
years ago in a since abandoned illegal drugs case, and now sits at
Glendairy, wants Government to foot the repairs bill.

Henderson Mark Anthony Greenidge has sued the Attorney-General and
the Commissioner of Police for $450 000 for his boat which is still
impounded on the compound of the former jail more than a year after
the trial was completed.

The 41-foot ice boat, X134 Blue Lightning, was intercepted off St
Vincent on July 21, 2002, and British naval officers removed three
men -- two Barbadians and a Vincentian -- who they said were spotted
throwing ten bales of marijuana overboard.

The men were later charged with possession and trafficking in
cannabis but a jury could not decide on their innocence or guilt and
the charges were eventually nolle prosequi [abandoned] by the prosecution.

Greenidge, through his attorneys Hal Gollop, Steve Gollop and Hilford
Murrell, later sued the Attorney-General and the commissioner
claiming they abused their discretion and asked for an order of
certiorari quashing the decision to impound the boat.

Yesterday, Principal Crown Counsel Dennis Hanomansingh, who appeared
with Senior Crown Counsel Wayne Clarke, conceded that the question of
liability was no longer an issue.

"They [the prosecution] never used the man's boat. Even if they had
tried to tender it, I might have had a leg to stand on but I cannot
make it an issue," he said.

Hal Gollop, who submitted there was "no reasonable excuse" for
impounding the boat, said: "They still have it in their physical and
legal possession. The vessel was never used as an exhibit. The owner
was never brought before the court and the vessel was never attached . . . ."

"It is not disputed that because the boat is a wreck and lying up
there at [Glendairy], he has not been able to pursue his livelihood,"
Gollop said.

"This is a man whose business is a 41-foot ice boat. The means to
exercise his business has been taken away from him by the state."

Gollop referred to an affidavit by Master Marine Surveyor Anthony
Hinds who described the boat as dry rotting and termite infested. The
affidavit said it would take $450 000 in replacement costs to repair the boat.

The parties return to Supreme Court No. 3 before Justice Randall
Worrell on February 18 to further argue the matter.
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