On the 12th December, 2022, Mr. Towfeek Ali and Firearms Training Institute Limited (“Claimants”) commenced judicial review proceedings against the Commissioner of Police of Trinidad and Tobago (“Commissioner”) and certain police officers (together referred to as “Defendants”) with respect to, what the Claimants aver was, an audit conducted by the Defendants and several officers of the Trinidad and Tobago Police Service during the period the 8th October to 27th October, 2022.
The Claimants contend, inter alia, that the alleged audit, exclusions and restrictions of the Claimants and others from the business premises / conduct of business, and resulting seizure of several documents, electronic devices and the personal firearms of Mr. Ali were contrary to law and ultra vires to section 26 of the Firearms Act Chap 16:01. Mr. Ali is a licensed Firearms Dealer under the said Act and has carried on commercial operations for approximately 25 years.
On the 5th January, 2023, the Hon. Justice Devindra Rampersad granted leave to the Claimants to apply for judicial review on the terms of the relief sought. On the 23rd January, 2023, the Presiding Judge ordered the Defendants to return Mr. Ali’s personal firearms.
By application for specific disclosure made by the Claimants on the 2nd June, 2023, the Claimants sought disclosure of documents they contended to be in the possession of the Defendants (but not disclosed) and/or mentioned in the Defendants’ evidence relevant to the proceedings. On the 10th October, 2023, Rampersad J granted limited disclosure to the Claimants.
The Claimants thereafter appealed certain parts of the decision of Rampersad J to the Court of Appeal. On the 22nd February, 2024, the Court of Appeal allowed the Claimants’ Appeal in part, ordering the disclosure of certain contemporaneous police notes taken during the course of the police exercise. The Hon. Justice of Appeal Ronnie Boodoosingh delivered the judgment of the Panel.
These proceedings are ongoing before the High Court. For the Claimants, Anand Beharrylal KC leads the team of Kiel Taklalsingh and Asif Hosein-Shah instructed by Ananda Rampersad.
Useful Links:
- Written Decision of the Court of Appeal, delivered by the Hon. Mr. Justice of Appeal R. Boodoosingh.
- Article published on 22 February, 2024, by the Trinidad Express Newspapers, “Gun dealer to get police notes in firearm audit lawsuit.”
