Monday, December 5 2005

A POLICEMAN who was convicted on a four-count indictment including taking a bribe to get a gun licence from a former Commissioner of Police for a businessman, had his conviction quashed last week and his sentence set aside by the Court of Appeal. However, PC Carlton Roop will have to face a retrial. Roop’s appeal was argued by attorney Israel Khan SC, while special prosecutor Bindra Dolsingh represented the State. According to the evidence, Enterprise Village businessman Manbodhe Koonoo had given Roop $6,000 to get him the gun licence. The policeman also allegedly borrowed $10,000 from Koonoo for the alleged purchase of a firearm. When Koonoo failed to receive a gun licence or get his money back, the police was called in and PC Roop was charged, convicted and sentenced to five years hard labour.

The main contention by the court —comprising Justices’ Roger Hamel-Smith, Ivor Archie and Paula Mae Weekes —  was the issue of a letter written by Koonoo’s attorney (not Khan) to PC Roop outlining the transactions and demanding the repayment of the monies. That letter was tendered into evidence. The Court of Appeal stated that since the letter was in evidence, the trial judge should have given appropriate and adequate directions on how the jury should have dealt with the letter. Additionally, the judge indicated that the letter helped the prosecution’s case when in fact it contradicted it, the Appeal Court observed.