Court rules that crewmen unlawfully detained and searched during maritime drug investigation on board Vessel

The Claimants, being thirteen (13) foreign nationals and crew members of the Motor Tanker “Star Balboa” (Star Balboa), commenced proceedings for relief and damages against the State claiming that their constitutional rights were infringed during a maritime drug investigation on board the Star Balboa through; (i) the restraint of their liberty over an extended period, (ii) the seizure and retention of their personal property, and (iii) the conditions under which they were held on board the Star Balboa during the covid-19 pandemic.

The proceedings were first docketed and managed by the Hon. Mme. Justice Eleanor Donaldson-Honeywell (now Justice of Appeal), and later reassigned, heard and determined by the Hon. Mr. Justice Westmin James, who delivered his Judgment on 30 April, 2026, wherein he found that:

1. The Claimants lacked sufficient interest to challenge the search warrant issued in respect of the Star Balboa, but were entitled to issue proceedings against the State for breach of their constitutional rights within Trinidad and Tobago;
2. The Claimants were subjected to de facto detention for eleven (11) weeks on board the Star Balboa during the drug investigation by the authorities, and that the detention was arbitrary, excessive and unconsitutional, in breach of their rights to liberty and the protection of law;
3. The deliberate indifference shown to the crew’s serious medical needs during their detention, including the denial of a right to health, consituted inhumane treatement that inflicted unncessary human suffering, and amounted to cruel and unsual treatment; and
4. The unjustified seizure of the Claimants’ personal electronic devices, the total control over the crew’s ability to communicate, return of their property in a damaged state, amounted to a breach of the fundamental rights to the enjoyment of property, privacy, and the protection of law.

In the circumstances, the Honourable Court granted an award of damages to each Claimant, along with vindacatory damages.

The Claimants were represented by Sophia Chote SC, Peter Carter, Asif Hosein-Shah and Nyree Alfonso.

Useful Links:

1. Written Decision of the Hon. Mr. Justice Westmin James delivered on 30 April, 2026.
2. Article published on 2 May, 2026, by the Trinidad and Tobago Guardian Newspapers, “Court awards over $6M to detained tanker crew for rights breaches.”