Superior Court Trinidad Government Pay compensation to the International Tobacco Distributor

Port of Spain, Trinidad (CMC) – A judge of the Superior Court ordered the government of Trinidad and Tobago to pay a TT $ 70,000 estimated in compensation to an international tobacco distributor with a free zone designation, after the business has been erroneously closed for a month by the Ministry of Health in 2023.

In addition, Judge Frank SeePersad also ordered the State to pay the company’s legal costs, since it confirmed the lawsuit filed by the North American Commerce Company Limited against the Ministry of Health and the Office of the Attorney General.

When delivering his ruling, SeePersad asked the legal bodies to be cautious when they download their mandates.

“It is worrisome as extralimitation cases are often presented before the courts, but this court will not tolerate the exercise of unauthorized, inadequate or unreasonable power that reduces or restricts the rights of citizens,” he said.

North American Trading Company Limited had initially argued that he suffered almost US $ 1 million in losses due to closure, but Seepersad rejected the claim based on his breach of evidence to reinforce his claim.

The company, which is located in the Intercontinental Business Park, the free zone complex, in D’A abadie, along the this-west act of zone.

According to the legislation, the registered and approved companies received specific fiscal concessions and exemptions. The company said that tobacco products of international manufacturers import and store them in its local warehouse before exporting them to retailers in the Caribbean and Latin America. He pointed out that its products are not sold or distributed locally.

In its judicial documents, the company said that in January 2022, it was informed about the operationalization of a new special regime of the economic zone, which was introduced under the recently proclaimed proclaimed legislation.

In November 2022, Customs and Police officers made a raid on the company without a court order. In February 2023, the company was contacted by the Tobacco Control Unit (TCU) of the Ministry and reported that it could not continue to operate without licenses under the tobacco control law.

Almost a month later, the Ministry terminated its decision based on the councils of the Office of the Attorney General and the company said that it lost approximately US $ 979,714 due to the decision, since it was forced to stop its imports and planned exports.

In his ruling, SeePersad said that the company’s case was not academic when the ministry reversed its position and that the ministry was wrong when making the initial decision it made, since the provisions of the tobacco control law did not apply to free zones.

“This court maintains the opinion that there was no power under the tobacco control law that allowed, authorized or allowed the TCU to exercise any legal power within the free zone,” he said.

The judge said the decision was illegal and unreasonable.

“Obviously, the TCU misinterpreted and/or badly applied the law that obtained inaccurate legal advice and its action imposed unreasonable and unjustified restrictions on the claimant’s operations.”

Although the judge refused to grant compensation for the losses that the company said that it suffered, ordered TT $ 40,000 in damages for breach of its constitutional right to equality before the law and the protection of the law.

He also ordered TT $ 30,000 in vencing damages, based on the conduct of the Ministry to act on a map and police officers in carrying out a search without a court order.