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Appeal Court rules in favour of Toucan Suites owner
After 13 years, the case of N&R Company Limited, owners of the Toucan Suites Guest House, versus the Guyana government, seems to have come to an end, with the Appeal Court awarding judgment in favour of N&R.
Norman Trotz, the owner of Toucan Suites
The matter involving Norman Trotz, owner of Toucan Suites Guest House, which was located in Eccles, East Bank Demerara, the Attorney-General of Guyana, the Commissioner of Police and the Chief of Staff of the Guyana Defence Force, was heard by Chancellor Justice Carl Singh, Justice B.S. Roy and Justice Yonette Cummings-Edwards.
The court ordered “It is by consent ordered that the Terms of Settlement dated the 7th day of January, 2013, by and between the parties herein be and is hereby deemed an order of this court.”
Back in 2008, Justice Jainarayan Singh Jr. presiding in the High Court, awarded judgment in the sum of $125M with six percent interest to Norman Trotz, the owner of the Toucan Suites Guest House, which was destroyed by the Joint Services during the final hours of a confrontation between the army, the police and Linden London called ‘Blackie’ in February 2000.
The judgment was handed down in October 2008 following lengthy submissions by the then Attorney General Doodnauth Singh representing the state, and attorney at law Andrew Pollard, counsel for N&R Co. Limited, owned by Norman Trotz.
The Government appealed that decision, but a ruling has now been made in favour of Trotz. But even before the appeal, Attorney General Doodnauth Singh had consented to judgment in favour of Trotz. He so advised the Bharrat Jagdeo government.
On February 8, 2000, members of the Joint Services went to the property to apprehend notorious fugitive Linden ‘Blackie’ London who was hiding there in one of the apartments.
A fierce gun battle ensued for almost 11 hours during which the Joint Services comprising the Target Special Squad and ranks from the Guyana Defence Force doused the premises with gasoline and proceeded to ignite it to force London out.
The Joint Services also used five anti-tank missiles which created huge craters in the walls of the building. In the end, the building was completely destroyed.
The Toucan Suites Guest House in February 2000, shortly after it was destroyed by the Joint Services during their gun battle with Linden ‘Blackie’ London
The property owner, Norman Trotz, initially engaged the government with a view to being compensated, but was unsuccessful. The government reportedly claimed that the building was being used to house a wanted person.
Two years later, on February 15, 2002, a frustrated Trotz initiated proceedings in the High Court. The action was finally heard by Justice Jainarayan Singh Jr. who subsequently granted judgement.
The court found that Trotz’s fundamental right was violated – that he was deprived of his property as guaranteed by Article 40 and Article 142 of the Constitution of Guyana. That right had been violated by the security forces.
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