High Court rules that AG and Police Commissioner have a case to answer for failing to investigate Choksi kidnapping

Mehul Choksi has scored a High Court victory in a matter brought against Attorney-General and the Commissioner of the Police in relation to their failure to investigate his reported kidnapping and removal from Antigua and Barbuda on May 23, 2021.

Choksi, a citizen of this country, had argued that he was entitled, under Sections 3 and 7 of the Constitution, to have the authorities investigate his “arguable claims” that he had been subjected to “inhuman or degrading treatment and that such investigation must be ‘effective.’”

The High Court had to consider the fact that the Government of Antigua and Barbuda had acceded “to the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment and other human rights international treaties.”

After consideration of the arguments put forward by the Claimant and Defendant, the High Court has ordered that the “Defendants have a case to answer, and the Defendants are to file and serve their defence within 28 days” of the ruling.

The Defendants are also ordered to pay 75% of the Claimant’s costs on the application.

The Court Order is dated March 3, and the matter was heard by Justice Marissa Robertson.

Jomokie Phillips represented Choksi while Carla Brooks-Harris appeared for the Defendants.