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Wrongly Convicted Database Record
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Charge: |
Robbery (includes armed robbery) |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
2003 |
Year Convicted: |
2006 |
Year Cleared: |
2007 |
U.S. State or Country of Crime: |
Trinidad and Tobago |
County or Region of Crime: |
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City of Crime: |
San Fernando |
Result: |
Judicially Exonerated |
Summary of Case: |
"Radhika Charan-Khan aka Radica Charan-Khan was wrongly convicted on June 28, 2006 of robbing her 68-year-old neighbor, Rajo Batchasingh, of $22,000 on May 5, 2003 in San Fernando, Trinidad & Tobago. Charan-Khan's conviction was based on the alleged victim's testimony. Charan-Khan's defense was that she had not stolen any money from her neighbor, but that she had gone to a bank with Batchsingh's daughter and the daughter withdrew money from her mother's account, and that when the daughter attempted to withdraw more money the bank did not allow her to do so. Charan-Khan appealed, arguing that the police failed to investigate the daughter's bank withdrawls which is what actually happened to Batchasingh's money. Charan-Khan appealed, and the State did not oppose her appeal. On December 5, 2007 the Court of Appeals quashed her conviction and ordered her acquittal. On December 1, 2011 Charan-Khan filed a claim for compensation alleging malicious prosecution. The High Court issued its written ruling on July 10, 2015 awarding her a toal of $96,000 -- $50,000 in General Damages, $30,000 in Special Damages, and $16,000 in Prescribed Costs. The award was based on the investigating officer's failure to conduct reasonable, necessary and proper enquiries into the victim's report before arresting Charan-Khan, and causing her to be charged with robbing Batchasingh and convicted. (The oral ruling was made on June 26, 2015.)" |
Conviction Caused By: |
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Innocence Proved By: |
The Court of Appeal for Trinidad & Tobago quashed Charan-Khan's conviction and ordered her acquittal. |
Defendant Aided By: |
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Compensation Awarded: |
"US$96,000 (Trinidad & Tobago, June 26, 2015)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Female |
Skin/Ethnicity: |
White |
Information Source 1: |
"Seamstress awarded $96,000: Prosecution malicious, By Nikita Braxton, Daily Express, June 29, 2015" |
Information Location 1: |
http://www.trinidadexpress.com/20150629/news/seamstress-awarded-96000 |
Information Source 2: |
"$96,000 award for wrongful charge, Guardian (Trinidad and Tobago), By Sascha Wilson, June 30, 2015, p. 11" |
Information Location 2: |
http://digital.guardian.co.tt/?iid=122602&startpage=page0000011#folio=10 |
Information Source 3: |
"Radhika Charan-Khan a/c Radica Charan-Khan v. The Attorney General of Trinidad and Tobago, No. CV2011-04688 (High Court of Justice, Republic of Trinidad and Tobago, 7-10--2015) (Judgment granting compensation claim for a total of $96,000.)" |
Information Location 3: |
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjnqoqz4-rZAhVLImMKHTRPA2wQFggpMAA&url=http%3A%2F%2Fwebopac.ttlawcourts.org%2FLibraryJud%2FJudgments%2FHC%2Farmorer%2F2011%2Fcv_11_04688DD10jul2015.pdf&usg=AOvVaw08GHQzSfo-4huv9yo0CihT |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org