High Court: Security ministry failed its duty to provide info on Venezuelan baby's killing at sea

News Jada Loutoo 3 Hrs Ago

Justice Devindra Rampersad -

The High Court has ruled that the Ministry of National Security breached its statutory obligations under the Freedom of Information Act by failing to provide timely and substantive responses to information requests from a Venezuelan mother whose infant was killed during a Coast Guard operation in February 2022.

Justice Devindra Rampersad declared that the ministry failed to meet the 30-day response requirement under Section 15 of the Freedom of Information Act and ordered it to determine outstanding requests by January 23.

The case was brought by Darielvis Eliannys Sarabia Morillo, a Venezuelan national, who sought documents following a February 5, 2022, incident in Trinidad and Tobago’s territorial waters in which her newborn son, Yaelvis Sarabia Santoyo, was fatally shot during an encounter with the Coast Guard. Morillo was also wounded and required emergency surgery for a gunshot wound.

Morillo submitted five freedom of information requests between March and April 2022 seeking, among other records, her son’s autopsy report and documents related to the Coast Guard operation. While some information was eventually provided, the judge ruled that the ministry failed to issue lawful, substantive decisions within the statutory timeframe for two of the requests.

Rampersad held that the ministry, as a public authority, could not discharge its duty by directing the claimant to other agencies without making its own determination. “A letter that amounts to ‘ask someone else’ is not a substantive decision,” the judge said.

“It may be one step in a broader cooperative process, but, absent any indication that the ministry would remain engaged or accept responsibility for the outcome, it is not enough.

“Section 15 does not permit a public authority to discharge its duty simply by passing the applicant from one door to another, particularly where it has the power to call for the information itself.”

The judge found that the ministry breached its duty in relation to Morillo’s request for the autopsy report, which has since been provided, and the fifth request for information on the Coast Guard’s operation.

The court granted an order compelling the ministry to consider and determine the remaining items in Morillo’s April 26, 2022, request. It also ordered the ministry to pay 75 per cent of her legal costs, to be assessed if not agreed.