Friday, July 26, 2013

Man released after 24 years wrongful imprisonment

PORT OF SPAIN, Trinidad (CMC) – A High Court judge, describing the 40-year jail term as unfair and illegal, has ordered the release of a 51-year-old man convicted of robbery in 1989.

Justice Joan Charles ordered the release of John ‘The Parrot’ Kalicharan, who had already served 24 years of his 40-year sentence for armed robbery.She described the case as “rare and unprecedented” and that the sentence was not consistent with past and present sentencing rules and guidelines. “Persons can only be sentenced in accordance with law,” she said, ruling that Kalicharan be released forthwith. She also ordered that he be paid damages for breaches of his fundamental rights under the Constitution. The damages are expected to be assessed by a Master of the High Court. In his constitutional motion, Kalicharan submitted that his trial was unfair and unconstitutional because he was prevented from calling four witnesses and obtaining police records, which would have proved he was in custody at the time of the robbery.“It was 24 long years I spend inside there. I happy to finally get justice,” said Kalicharan, a singer and musician who said he planned to revive his career.“I am a soca artist. My plan now is to pursue my career and get my life back together,” he told reporters.In 1989 Justice Aeneas Wills sentenced Kalicharan, who was convicted of four charges of armed robbery out of a single incident, to four 10-year prison terms which were to run consecutively.As part of the sentence, Justice Wills also ordered that Kalicharan should receive 30 strokes with the birch.  In his evidence, which was not contested by the State, Kalicharan said while serving his sentence he was placed on Death Row for three years. He also said a month after being convicted he was tricked by a prison officer into discontinuing his appeal.Like our Facebook page https://www.facebook.com/jamaicaobserverFollow us on Twitter https://twitter.com/JamaicaObserver

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Man released after 24 years wrongful imprisonment