Pubdate: Fri, 1 Feb 2008
Source: Daily Nation (Barbados)
Copyright: 2008, Nation Publishing Co. Limited
Contact:  http://www.nationnews.com/
Details: http://www.mapinc.org/media/2249
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)

BOAT OWNER SUES GOVT

A BOAT OWNER, whose fishing vessel was confiscated more than five 
years ago in a since abandoned illegal drugs case, and now sits at 
Glendairy, wants Government to foot the repairs bill.

Henderson Mark Anthony Greenidge has sued the Attorney-General and 
the Commissioner of Police for $450 000 for his boat which is still 
impounded on the compound of the former jail more than a year after 
the trial was completed.

The 41-foot ice boat, X134 Blue Lightning, was intercepted off St 
Vincent on July 21, 2002, and British naval officers removed three 
men -- two Barbadians and a Vincentian -- who they said were spotted 
throwing ten bales of marijuana overboard.

The men were later charged with possession and trafficking in 
cannabis but a jury could not decide on their innocence or guilt and 
the charges were eventually nolle prosequi [abandoned] by the prosecution.

Greenidge, through his attorneys Hal Gollop, Steve Gollop and Hilford 
Murrell, later sued the Attorney-General and the commissioner 
claiming they abused their discretion and asked for an order of 
certiorari quashing the decision to impound the boat.

Yesterday, Principal Crown Counsel Dennis Hanomansingh, who appeared 
with Senior Crown Counsel Wayne Clarke, conceded that the question of 
liability was no longer an issue.

"They [the prosecution] never used the man's boat. Even if they had 
tried to tender it, I might have had a leg to stand on but I cannot 
make it an issue," he said.

Hal Gollop, who submitted there was "no reasonable excuse" for 
impounding the boat, said: "They still have it in their physical and 
legal possession. The vessel was never used as an exhibit. The owner 
was never brought before the court and the vessel was never attached . . . ."

"It is not disputed that because the boat is a wreck and lying up 
there at [Glendairy], he has not been able to pursue his livelihood," 
Gollop said.

"This is a man whose business is a 41-foot ice boat.  The means to 
exercise his business has been taken away from him by the state."

Gollop referred to an affidavit by Master Marine Surveyor Anthony 
Hinds who described the boat as dry rotting and termite infested. The 
affidavit said it would take $450 000 in replacement costs to repair the boat.

The parties return to Supreme Court No. 3 before Justice Randall 
Worrell on February 18 to further argue the matter. 
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MAP posted-by: Richard Lake