In January, former PUP Minister Joe Coye took businessman Alfred Schackron to court suing him for malicious prosecution. It’s a rarely invoked offence but Coye brought it because he felt that Schackron irreparably and deliberately damaged his reputation when he falsely accused him of taking $275,000 dollars as Caribbean Shores Area Representative to facilitate a transaction for a prime piece of public land.
Based on that claim by Schakron, in early 2008, Coye was criminally charged for theft and obtaining property by deception. That matter went to court and the case was dismissed after Schackron himself asked the DPP to withdraw it. With that Joe Coye was vindicated. Case closed. But it wasn’t enough for Coye, he told us he wanted legal vindication and so he sued Shackron for malicious prosecution – saying he had concocted the entire thing.
The case was heard in the last week in January and Justice Oswell Legall handed down a 41 page judgment today – and rather than vindicate Coye, it implicates him. The judgment says, “on the facts of this case...I believe that the defendant (Schakron) was truthful when he said that he received a call from he claimant (Coye) who said that he wanted $275,000 for the land. I believe on a balance of probabilities that the claimant (Coye) sent (his driver) Mr. Flowers for the money which the defendant (Schackron) paid.” “I believe from the facts and circumstances of this case and on a balance of probabilities that the claimant (Coye) received the money from Mr. Flowers, his driver."
With that Justice Legall dismissed the claim for malicious prosecution and ordered Coye to pay Schakron’s costs. Justice Legall noted in his judgment that there were credibility issues with both Coye and Schackron and he added that the challenge was finding out which of the witnesses is speaking the truth.
Of Coye, he said quote, “I saw the claimant give his evidence. I observed his demeanor. I saw his hesitation in answering questions. I observed his lack of frankness and his answers in cross examination...” Justice Legall concludes, “I do not believe the claimant (Coye) when he said he did not receive $275,000 from the defendant nor do I believe him when he said he did not send his driver to collect the money from the defendant.”
While it would appear to be an unfavorable outcome for Coye, he told other media in January that he felt sufficiently vindicated in the progress of the case when Schackron disclosed that he was “forced,” by the Minister of Natural Resources Gaspar Vega to make the statement implicating him. A representative for Coye today pointed to what they consider to be a number of errors in the judgment. He says that Coye’s legal advisors have strongly advised him to lodge an appeal – and he intends to meet with the media in full.
