วันจันทร์ที่ 9 มิถุนายน พ.ศ. 2551

$1/2M AWARD


JUST OVER HALF- MILLION DOLLARS.



That's the money fisherman Harold Greenidge will get as compensation to replace his rotting fishing boat and for loss of earnings.

Justice Randall Worrell, who handed down the decision in the No. 3 Supreme Court yesterday, ordered Government to shell out $275 000 for the cost of a replacement vessel and to pay Greenidge $249 405 in loss of earnings for a five-year period.

Greenidge will also get the $350 cost of the report from master marine surveyor Anthony Hinds and the fees of two attorneys.

Justice Worrell, who stated that liability was not an issue since the Crown had accepted liability from inception, said it was simply a matter of assessment.

"It is quite clear from the evidence, and it is not disputed, that Mr Greenidge used that vehicle for his occupation," said the judge.

"It is also quite clear that Mr Greenidge's vessel was not a new vessel. It is quite clear the vessel was of some age."

He said the court had accepted Hinds' evidence that the vessel was now worthless and that $275 000 would meet the cost of a fully outfitted replacement vessel.

In addition, the judge said the court had accepted $79 881 as the income that Greenidge earned in any given year from fishing.

However, he said there was a four-year period – July 2002 to December 2006 – when Greenidge made no effort to work or to "mitigate his losses".

"And that has to be taken into consideration," the judge said, adding the money for loss of income would be taxed for income tax and National Insurance.

However, the judge said he would not be awarding exemplary damages since he did not think the Crown intended any malice.

The fisherman's 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 charges were dropped but the confiscated boat was never returned.

Greenidge sued the Attorney-General and the Commissioner of Police for an abuse of their discretion and asked for an order of certiorari quashing the decision to impound the boat; the money to replace it; loss of earnings calculated at $80 000 a year; exemplary damages and interest.

He was represented by Hal Gollop, Steve Gollop, and Hilford Murrell, while Senior Crown Counsel Wayne Clarke and now former Principal Crown Counsel Dennis Hanomansingh represented the Crown.

Justice Worrell, however, stayed his decision for six weeks.

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