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Jose Coye – a Liar says Supreme Court Judge Print E-mail
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Thursday, 04 March 2010 00:00

Jose Coye“I do not believe the claimant when he said he did not receive $275,000” – Justice Oswell Legall

On Tuesday Supreme Court Justice Oswell Legall dismissed a lawsuit filed by former PUP Health Minister and Caribbean Shores Area Representative Jose Coye against businessman Alfred Schakron.  Coye was suing for malicious prosecution and wanted financial damages, but he got neither because in a stunning and damning judgment, the Judge says he didn’t believe Coye. 

In his suit, Coye claimed that when Schakron went to police in April of 2008 and told them he had given Coye’s driver

Cornel Flowers $275,000 for what’s known as the “Putt Putt Land” across from the Princess Hotel and Casino on Newtown Barracks, he did so maliciously. The case was heard on January 20th and 21st of 2010 and only two witnesses were called; Coye testified on the 20th and Schakron on the 21st.  Closing arguments were submitted on February 11th, and on the 2nd of March Justice Legall delivered his 26 page ruling in which he said that he found it difficult to find who to believe. 

But Justice Legall came out swinging against Coye, ruling that, “I have seen and heard the defendant and claimant.  I saw the claimant give his evidence.  I observed his demeanour.  I saw his hesitation in answering questions.  I observed his lack of frankness and his answers in cross-examination.” 

Justice Legall got more damning against Coye, ruling that, “I do not believe the claimant 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.  I believe he received the money which was given to the driver in order to use his influence as a minister of government at the time to facilitate the defendant to get the land.” 

Schakron contended that he gave Coye’s driver Cornel Flowers the $275,000 in December of 2007 to facilitate the sale of the land.  Only $18,917.10 was actually paid to government.  Schakron went to police in April of 2008 after the new government placed a caution on the land.  Coye and his driver were charged with theft and obtaining property by deception in April of 2008. The charges were withdrawn on the request of Schakron in June of 2008. 

About Schakron, Justice Legall wrote that, “I believe the defendant was truthful when he said he received a call from the claimant who said he wanted $275,000 for the land.”  He added about Schakron that, “I believe the defendant is speaking the truth when he said he paid $275,000 to Cornel Flowers.”   

Justice Legall concluded by stating that, “the defendant acted without malice and on reason and probable cause when he reported the matter to the police,” and he dismissed the claim for malicious prosecution.  Coye was ordered to pay court costs. He was represented by Elson Kaseke and Anthony Sylvestre.  Schakron was defended by attorneys Rodwell Williams and Michel Chebat.