LAWYERS for a man who spent more than 14 years on remand while awaiting trial on a murder charge that was ultimately dismissed, have sent a pre-action protocol letter to the state seeks damages for malicious prosecution, false imprisonment, aggravated and exemplary damages, as well as costs and interest.
The attorneys for Jameel Deleon have given the Attorney General 14 days to indicate whether the state is willing to settle the matter out of court.
They said failing a response, they have been given instructions to commence legal proceedings to secure the rights of their clients.
According to the pre-action protocol letter, Deleon was arrested on October 8, 2007, and charged with the murder of Christopher Lovelace. He appeared before the Rio Claro Magistrates’ Court on October 10, 2007, where the charge was laid indictably.
The attorneys contend that, at no stage during the investigation, was Deleon identified as the person who stabbed Lovelace, nor was an identification parade conducted.
From October 2007 to May 2008, Deleon remained on remand as the matter was repeatedly called in a magistrate’s court and May 9, 2008, following a preliminary inquiry, he was committed to stand trial at the San Fernando Assizes.
The pre-action protocol letter said that Deleon was indicted primarily on the basis of a white jersey with a bloodstain allegedly found during the execution of a search warrant at his home, while the other accused person in the matter was discharged.
The lawyers claim that despite a “dearth of evidence,” Deleon was denied bail and remanded at the Golden Grove Prison. He remained in custody from October 10, 2007, until December 14, 2021.
His trial began on December 3, 2021, with the prosecution calling 16 witnesses. But the defence successfully argued that there was no case to answer, and Justice Geoffrey Henderson dismissed the prosecution’s case, discharging Deleon on December 14, 2021.
In the pre-action letter, the lawyers said that the arrest, detention and prosecution of their client, were carried out without reasonable or probable cause and that the charge was laid maliciously and without any honest belief in his guilt. They argue that the burden lies on the State to justify the lawfulness of his arrest and prosecution.
The letter also made reference to the conditions Deleon allegedly endured during his detention, including sleeping on concrete floors, limited food, lack of hygiene facilities, and prolonged confinement in overcrowded holding cells.
It further alleges that he was exposed to inhumane prison conditions, suffered psychological trauma, and was forced to defend himself against bullying and intimidation after being incarcerated at the age of 18. (CMC)
