A Trinidadian blue-collar worker has secured a significant legal victory against the state, after a high court judge ruled he was wrongfully arrested, imprisoned and maliciously prosecuted over a 2016 drunk driving charge that was ultimately thrown out due to fatal police evidence errors.
Thirty-eight-year-old Narace Dwarpaul, a welder by trade, was pulled over on June 11, 2016, during a routine roadside traffic enforcement operation on the M2 Ring Road in La Fortune. Police arrested him on charges of failing to provide a valid breath specimen for alcohol testing, in violation of the country’s Motor Vehicle and Road Traffic Act. But when the case went to a lower magistrate’s trial, law enforcement submitted a breath test result slip that was clearly erroneous: it carried a woman’s name and was dated 2015, a full year before the stop. The magistrate subsequently dismissed the charge, finding Dwarpaul not guilty, and he launched a civil claim against the state for damages in 2019, three years after his arrest.
Dwarpaul, represented by attorneys Ramesh Deena and Christian Deena, laid out his account of the 2016 incident in his witness testimony. He told the court he had not consumed any alcohol that evening before he was stopped, and he complied fully with officers’ instructions to blow into the breath testing device. Instead of processing the result correctly, Dwarpaul said officers accused him of wasting their time. He claimed he was never shown any test reading, was handcuffed, transported to a local police station, and held in a dirty holding cell for roughly seven hours, where he was also denied access to a telephone call.
The state, defended by attorney Rachael Jacob, called two witnesses to support its case: the Assistant Superintendent of Police (ASP) who oversaw the traffic operation, and the constable who filed the original drunk driving charge against Dwarpaul. The constable’s testimony painted a very different picture. He claimed Dwarpaul admitted to having consumed alcohol, a field sobriety test returned a reading of 91 micrograms of alcohol per 100 milliliters of breath – nearly three times the 35 microgram legal limit – and that the welder deliberately manipulated the breath test mouthpiece, leading to three consecutive void readings on subsequent tests. The officer also asserted he showed Dwarpaul every invalid result, allowed the claimant to make four phone calls from the scene of the stop, and held him in a newly painted, well-kept single cell.
The ASP’s account contradicted the constable’s testimony on key points: under cross-examination, he said Dwarpaul was never handcuffed, and that all four of his phone calls were made from the police station, not the roadside. These conflicting statements became a central pillar of the high court’s eventual ruling.
Delivering judgment in the case, Justice Robin Mohammed highlighted that the inconsistencies between the two state witnesses were not minor errors – they touched on the core facts of Dwarpaul’s arrest and treatment in custody. The judge also emphasized that the submission of the incorrect test slip, bearing another person’s name and the wrong year, raised serious red flags about the prosecution’s conduct.
Mohammed ruled that Dwarpaul had successfully proven the prosecution against him lacked any reasonable or probable cause. He pointed to a series of failures in the constable’s investigation and evidence: inconsistent witness testimony, no accurate contemporaneous records, the missing valid test slip, the failure to call the officer who initially stopped Dwarpaul to testify, and the submission of the erroneous test document all confirmed the prosecution was not built on legitimate grounds.
“The court finds that the claimant has proved on a balance of probabilities an absence of reasonable and probable cause,” Mohammed wrote in his judgment. The judge further ruled the constable had acted with malice, finding that “the inference is that he was prepared to use questionable means – including an erroneous test record – to secure a conviction. I find that it is an improper and wrongful motive.”
In terms of damages, the judge awarded Dwarpaul $85,000 in general damages, with 2.5% annual interest accruing from 2020 through 2026. He also ordered the state to pay $7,500 in special damages, with 1.5% annual interest running from 2017 to the present. While Mohammed declined to award aggravated or exemplary damages, he ordered the state to cover all of Dwarpaul’s legal costs in the case. Total compensation, including accrued interest, exceeds $100,000.
The Deena brothers were instructed on the case by attorney Vishwanath Rambaran, while Jacob was instructed by attorney Sara Muslim.
