Antiguan Court rules Mehul Choksi’s case requesting a full investigation into his kidnapping can continue

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In a judgment handed down by Justice Marissa Robertson on the 3rd of March 2023, the Antiguan Courts have denied an application by the Attorney General of Antigua and Barbuda and the Commissioner of Police to strike out Mr Choksi’s claim alleging a constitutional violation arising out of the failure to adequately investigate his claims of being victim of inhuman treatment and torture.

A spokesperson for Mr Choksi stated:

“Mr Choksi is pleased that the Attorney General’s attempt to prevent the courts from considering his claim seeking a full investigation of his kidnapping has been rejected.

“After being kidnapped in May 2021, Antigua has continuously attempted to delay any efforts to hold those responsible accountable despite the clear findings of the initial police investigation. This is another step towards those responsible for the kidnapping of Mr Choksi being brought to justice”.

Antigua and Barbuda’s contention that there was no specific breach of Constitution was denied by Robertson J. It was deemed that Antigua and Barbuda have a case to answer. Finding in favour of Mr Choksi, Robertson J stated that:

“In the circumstances of this case the Claimant contends that he was subjected to ill-treatment.

The Claimant represents that he was assaulted, choked, strangled, restrained, beaten punched about the head and body; that he was tasered; threatened with a kitchen knife and subjected to death threats; that he was tied with a rope to a wheelchair; that he was gagged and blindfolded; that he was told that his family would be in jeopardy; he was ill-treated to the extent that he lost consciousness.

The Claimant presents photographs and medical records to substantiate the allegations made in the claim.

It is also noted that the absence of the Claimant from the jurisdiction and his subsequent location in the Commonwealth of Dominica was widely reported.

The Claimant’s account that he was forcibly removed from the jurisdiction has been, at least initially, supported by the findings in one of the police reports that, “The further along this investigation processes more of the facts are aligning with Choksi’s version of the events that lead to his appearance in the state of Dominica.

The plethora of real and circumstantial evidence makes it clear that a case of kidnapping with broad collusion among multiple conspirators exists.

(….) The Claimant, having issued a claim, is entitled to have a resolution as to what is an appropriate response; whether the investigation was an “effective” investigation; whether an effective investigation includes extra-territorial investigations and whether other reliefs are available to the Claimant.”

Robertson J further went on to state:

“The question as to whether the investigation has been effective is not one which can be answered before the full facts are ventilated.

As it stands certain reports have not been made available and those reports may influence the direction of the investigation and address whether other steps are or were required and therefore inform on the effectiveness of the investigation. The Claimant also notes that no recent steps have been taken by the Defendants.”

The judgment may be found here.

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8 COMMENTS

  1. …but the question is, with the AG and police having made request to dismiss the investigation, who is going to investigate it?

  2. I am at a total lost why we are afraid of investigations in Antigua. A man was kidnapped and taken to Dominica by unknown thugs ready to be shipped to India and we see that as normal. It was Choksi then, tomorrow it could be you or me. We have some of the most bizarre things happening here, yet we are either afraid or unwilling to search for the facts in order to ensure that these things do not happen again. We have a right to know what happened with Choksi and he deserve the rights and privilege that being a citizen affords.

  3. Fat ass Cutie, they coming for your criminal ass. They need to investigate him fully for the murder of Nigel Christian too. Squeeze he balls till he sing loud.

    Nigel Christian and his family deserve justice.

  4. The people who don’t want an investigation know the facts. They just don’t Want the rest of us to know.

  5. Can you imagine that the Attorney General and the Police are giving protection to criminals! Why in this world would they not want an investigation? If I were involved or accused of any involvement in any criminal happenings, I too wouldn’t be interested in any probe into the matter, so I fully understand.

    • @Rovi that’s because the AG and the Police are criminals also. All dem a do is protect each other. You hit the nail on the head.

  6. It’s simple really. There is a strong possibility that the government of Antigua was involved in the kidnapping. A police report suggested that it was indeed a kidnapping, but after that, all went silent. Folks, too many people in this country are complicit and that is why the need to suppress any form of investigation. Our AG is perhaps one of the most corrupt in the history of politics here and will have to answer to fraud charges sometime in the future since fraud has no statute of limitation. Lets not forget how Gaston Browne was shooting off at the mouth, seeming to know everything, and was never hauled in for questioning.

  7. No investigation into the kidnapping; no real DEPTH investigation into the custom officer’s untimely death (and also the mysterious demise of his female colleagues); and let us not forget also, that the country needs clarity and accountability on how the NAMCO and the CIP funds were used by this government.

    Bwoy, if we Antiguans had the mindset and the no nonsense approach and attitude like the citizens of France 🇫🇷, Gaston would have backed down a long long time ago, and investigations would have taken place without question.

    VIVA LE ANTIGUA IS … 🇦🇬

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