By DARREN BAHAW, Express TT

FOUR YEARS after his jaw was blown away by a bullet, Richard Ramnarace’s face remains disfigured and scarred, and the police officer who caused him the injury has since been promoted and remains on the job.

Ramnarace, 28, a pipefitter, of Loukie Trace, Penal, emerged victorious once again yesterday after the Court of Appeal dismissed Cpl Visham Boodoosingh’s case at the Hall of Justice.

Justices of Appeal Margot Warner, Anthony Lucky and Wendell Kangaloo heard arguments from Boodoosingh’s attorney, Kulraj Kamta, for just over one hour before the court gave its unanimous decision.

Senior Counsel Hendrickson Seunath and Anand Ramlogan represented Ramnarace but were not called upon to respond orally to the appeal.

Boodoosingh challenged the July 6, 2001 judgment of Justice Nolan Bereaux on several grounds which failed to find favour with the Appeal Court.

Bereaux had awarded Ramnarace $380,000 to compensate for his loss of earnings, damages and future medical expenses. Justice Bereaux said the evidence had led him to conclude that Boodoosingh’s claim was “a bold-faced lie” and that the fact that he escaped criminal prosecution is “a travesty justice”.

“In my judgment, he is lucky not to have been charged with attempted murder,” said the judge.

After receiving judgment in his client’s favour, Ramlogan told the Express:

“The travesty of justice in this matter continues because the offending police officer, rather than being charged and prosecuted for attempted murder, was in fact promoted and protected.

“The time has come for us to stop treating police officers in a special way if they break the law. The pain and suffering of this man will be a poignant reminder of what an abuse of police powers can cause.

He said Boodoosingh is yet to pay Ramnarace “one cent” and claimed that police officers “routinely threaten, intimidate and harass” his client’s his family. This case, he said “cries out for justice”.

Boodoosingh was allowed by security personnel at the High Court to leave the Hall of Justice at an exit which is not accessible to members of the public or the media.

Before the court yesterday, Kamta tried in vain to have the matter adjourned and referred to another High Court Action which was filed on October 8, in which Boodoosingh is claiming that Justice Bereaux had been deceived into arriving at a decision based on the false testimony of Ramnarace and his supporting witnesses.

Ramnarace claimed that he, his brother and a friend, visited a bar owned by Boodoosingh’s wife, at Gopie Trace, Penal on August 8, 1998 and that while there he tried to part an altercation between two other patrons.

During the melee, Ramnarace was shot in the face by Boodoosingh, who had used his wife’s licensed firearm.

However, Boodoosingh claimed that he had shot Ramnarace during an attempted robbery.

Warner said, however, that the fact that no criminal proceedings were ever brought against Ramnarace or any of his witnesses on the scene that night, was “a material aspect in this case”.