A High Court ruling has ordered the State to pay more than $6 million in compensation to 13 crew members of the Panamanian-registered oil and chemical tanker Star Balboa, who were detained in Trinidad and Tobago for nearly two months in 2020 under suspicion of drug trafficking.
In a detailed judgment, Justice Westmin James found that the men—hailing from South and Latin America—were subjected to unconstitutional treatment by local law enforcement during the operation. Each crew member was awarded $450,000, with additional damages bringing the total compensation to over $6 million.
The case centred on the circumstances surrounding the vessel’s arrival in local waters in September 2020. The Star Balboa had entered Trinidad and Tobago to offload garbage and replenish supplies when it was initially detained by a shipping agent over an outstanding bill, which was later resolved. Shortly thereafter, a multi-agency team comprising police, immigration, customs, and coast guard officers boarded the vessel under a warrant linked to intelligence from an international partner.
Attorneys Nyree Alfonso and Sophia Chote, retained to represent the crew, were reportedly obstructed and threatened when they attempted to access the vessel during the search.
The court heard that the search operation extended over nearly two weeks and involved divers inspecting the ship’s hull and the emptying of ballast tanks—actions said to conflict with established maritime protocols. No illegal substances were ultimately found.
Justice James declined to rule on the legality of the search warrant itself, noting that the vessel’s owner had withdrawn from the proceedings. However, he concluded that the manner in which the operation was conducted breached multiple constitutional protections.
He rejected the State’s claim that the crew had not been detained, ruling instead that the conditions imposed amounted to “complete State control” over their liberty. The judge found that their continued confinement after initial searches yielded no evidence was unjustified and arbitrary.
“The court therefore concludes that the claimants’ detention was excessive and unconstitutional,” Justice James stated, citing violations of their rights to liberty and the protection of the law.
The ruling also addressed the treatment of the crew during the COVID-19 outbreak onboard. Evidence presented showed that most of the men contracted the virus while confined to the vessel, allegedly after exposure to officers who were not using protective equipment. One crew member required hospitalization at Caura Hospital due to the severity of his condition.
Justice James described the handling of the outbreak as “cruel, inhumane and degrading,” noting that infected and uninfected crew members were kept together and that access to medical supplies was obstructed. He further criticised the use of armed officers during the period when the crew was ill.
The court also found that the seizure of personal electronic devices—including phones and laptops—left the men unable to contact their families or manage personal affairs for weeks, compounding the distress of their detention.
Damages awarded included $275,000 per person for unlawful detention, $25,000 for the seizure of property, and $150,000 in vindicatory damages, reflecting what the court described as serious breaches of fundamental rights. The State was also ordered to cover legal costs.
In addition to Alfonso and Chote, the crew was represented by attorneys Peter Carter and Asif Hosein-Shah. The State’s legal team included Justin Phelps, Michelle Benjamin and Adita Ramdular.
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