PRESIDENT George Maxwell Richards is being called upon to correct the grave injustice meted out to a prisoner who was first denied legal representation, then his request to subpoena witnesses was ignored.

The cruelty was compounded when his application to appeal the matter was misplaced in prison and when he thought he was signing fresh documents to lodge an appeal he was actually tricked by a prisons officer into signing papers to withdraw the appeal.

John Kallicharan, who was arrested in 1983, was sentenced to serve a 40-year concurrent jail term with 30 cat-o-nine strokes 1989.

It was not until 1996 that Kallicharan finally managed to get in touch with a distant relative, who sought the counsel of a lawyer, but, was advised that because so much time had elapsed and due to other legal considerations his appeal had become statute barred.

He languished for another six years in a stinking jail cell before the matter reached the attention of attorney at law Sophia Chote, who in 2002 wrote to President Richards on behalf of Kallicharan.

Chote’s letter stated: “Records shown to me by the State confirms that Kallicharan was unrepresented at the trial; he sought to have several witnesses subpoenaed on his behalf; these persons were not served; there is no indication on the record as to why the trial judge exercised his discretion to proceed in the absence of these witnesses; these persons did not testify at trial.

“On these undisputed facts alone I would respectfully submit that my client has suffered a patent miscarriage of justice.”

In quoting several legal precedents, Chote said it is the duty of a trial judge to protect the interests of an unrepresented prisoner and to give him such assistance as is necessary for the proper conduct of his defence.

She added that a trial judge cannot be said to have balanced the scales of justice and ensured due process unless he complies with those strictures, and an accused person also has the right to be afforded all reasonable facilities to ensure that his witnesses are called to testify on his behalf.

Kallicharan was not granted any of his requests when the matter came up for hearing before Justice Aneas Wills at the Port of Spain Assizes on January 3 and 4, 1989.

She added: “The State has no record to show that any of these witnesses were served.

“It is undisputed by the State that none of the witnesses referred to testified.

“Their evidence was crucial to Kallicharan’s case.

“His defence was alibi, that he had been in police custody at the time of the incident.

“Copies of affidavits sworn by two of these witnesses confirm this.”

Chote further noted that Kallicharan at trial was indicted on four counts, the first and second of which involved the same facts (robbery of a particular person).

“An indictment for more than one offence where the same course of conduct is being relied upon is unlawful,” she told Robinson.

Chote further stated: “The court ordered more strokes than the law permitted under the Corporal Punishment Act, Ch: 13:04.

“Consecutive strokes are not permitted under the law.”

Chote in her letter also stated that the sentences were excessive and irregular.

She wrote: “The effect of these sentences would be that Kallicharan would, among other things, receive unequal treatment because he would be required in all to serve 40 years imprisonment which is longer than sentences generally imposed upon persons who have been convicted of even more serious offences such as rape and manslaughter.”

Kallicharan, relatives say, has been professing his innocence of the crimes from day one.

“He wants those in authority to listen to him and get the facts straight to prove his innocence.

“He is languishing in jail due to a serious miscarriage of justice.”

Kallicharan was arrested in February 1984 and charged with three counts of robbery with aggravation and one with wounding with intend.

It was alleged that Kallicharan, at Kelly Village, Caroni, being armed with a gun together with others, robbed Tracy Yip Ting of a gold ring, a gold wrist watch, $17,000, one Sanyo Video cassette recorder valued at $2,000, a video cassette recorder and a video cassette rewinder.

On the second count, Kallicharan was charged with wounding Yip Ting with intent to do grievous bodily harm.

On the third count, was charged for robbing Otto Patrick Evelyn.

He was allegedly armed with a gun during the robbery on November 22, 1983.

And, he was also charged with robbing Dolly Yip Ying of one gold ring valued $2,500 and $1,000 in cash.

Kallicharan pleaded not guilty to all charges.

He was, however, found guilty on the four charges.

He was sentenced to 15 years hard labour with 20 strokes of the birch on the first count, 10 years with hard labour to run concurrently on the second count, 15 years with hard labour to follow previous term with 10 strokes.

On the fourth count, Kallicharan was sentenced to 10 years to run consecutively with the two other terms.

Relatives said Kallicharan lodged an appeal within the statutory time period but was later told by a prisons officer that it was misplaced and that he had to sign the documents again.

Kallicharan, however, began serving his time immediately after re-signing the documents.

“He later learnt that the prisons officer had tricked him into signing papers withdrawing the appeal.

“Something he did not want to do,” the relative explained.

TnT Mirror understands that efforts by Kallicharan to get legal representation through the Legal Aid Advisory Authority were futile since he was informed that legal aid was not available for constitutional motions.

Kallicharan’s relatives now call on President Richards, Prime Minister Patrick Manning and Opposition Leader Basdeo Panday to look into his plight and see that he gets justice.

“He was unfairly treated,” the relative insists.