A judge has ruled that Drugs Sou Sou (DSS) founder Kerron Clarke was not given the opportunity to be heard or a fair hearing or any at all as it relates to his unceremonious discharge from the TT Defence Force.
This means he can now pursue his constitutional claim challenging his dismissal from the TT Defence Force after he was slapped with four money laundering charges in June 2022.
On Tuesday, Justice Nadia Kangaloo dismissed an application by the State to strike out Clarke’s constitutional claim for a declaration that his right to a fair hearing in keeping with the principles of natural justice was infringed as well as monetary compensation arising out of his discharge.
The State argued that Clarke’s constitutional claim was an abuse of process and aimed at circumventing the procedures of challenging administrative actions through judicial review.
In dismissing the State’s application, Kangaloo said Clarke should be given the “opportunity to continue to pursue his constitutional claim” for the alleged contravention of his rights.
She has reserved the decision on the costs the State will have to pay in its unsuccessful application and gave directions for the filing of evidence in the form of affidavits and written submissions.
She intends to give her final ruling on the claim on April 2nd, 2024.
Clarke was put on administrative leave in November 2020 and then discharged from the regiment when he was slapped with criminal charges.
The charges allegedly stem from a “sou sou” which Clarke allegedly led. It also relates to the seizure of $7.7 million cash from his DSS operation in La Horquetta after two police raids.