THE HIGH Court judge has awarded a woman $400,000 in constitutional and vindicatory damages after finding that the State had unlawfully detained her in the Adult Women’s Prison at Golden Grove, Arouca, when she was 14 years old.In a decision delivered on May 21, Justice Nadia Kangaloo ruled that the claimant’s detention between June 26 and August 6, 2014, breached her constitutional rights.The claimant, Kylise Romain, brought the constitutional motion against the Attorney General of Trinidad and Tobago after she was detained at the prison under the “beyond control” provisions of the Children Act.The court heard that Romain was brought before the Magistrates’ Court on June 26, 2014 and ordered detained at the Adult Women’s Prison pursuant to section 44(4) of the Children Act. She remained there for 42 days.The claim alleged breaches of her rights under sections 4 and 5 of the Constitution arising from her detention at the prison between June 26, 2014 and August 6, 2014.The claimant sought declarations that her detention was unlawful and unconstitutional, as well as compensatory and vindicatory damages, interest, costs and further relief.According to the claim, Romain appeared before the Chaguanas Magistrates’ Court on June 26, 2014 after her parents alleged that she was an uncontrollable child under section 44(4) of the Children’s Act. Before appearing in court, she had been placed at the Longdenville Chaguanas Hindu Home following a domestic altercation.She stated that she had not been arrested, charged or convicted of any criminal offence, but was remanded to the Adult Women’s Prison pending the adjournment of the matter. She alleged that she was not given an opportunity to explain her circumstances before being remanded.She stated that after being held in a cell at the Magistrates’ Court, she was transported to the prison where she underwent prison admission procedures used for adult prisoners. Romain alleged that she was strip-searched, required to squat and cough, and deprived of her personal belongings.At the time, she was a Form Three student of Tunapuna Secondary School.Romain alleged that she remained detained for about 41 days and experienced emotional and psychological trauma during that period. She claimed that adult inmates heckled and sexually harassed her and that prison officers observed her while she showered and used the toilet.She further alleged that after about three weeks she was placed in solitary confinement for one week in a dark cell where she used a bucket as a toilet and was only allowed out briefly for showers.Romain also contended that although she was not a convicted prisoner, she was housed alongside minors charged with serious criminal offences, including a woman who was later convicted of murder.According to the claim, references to the woman’s murder charge by prison guards and inmates were used to intimidate her, causing fear, anxiety and emotional distress. The claimant alleged that prison officers dismissed her complaints and failed to provide protection or support.Romain further stated that the experience had lasting psychological consequences.She said that less than one year after her release, she was diagnosed at the Eric Williams Medical Sciences Complex in Mt Hope with parasuicide, likely conduct disorder and social issues.She also claimed that she began abusing drugs and ingesting harmful substances in attempts to die by suicide and was later diagnosed with adjustment disorder and depressed mood following admission to St Ann’s Psychiatric Hospital in June 2021.The State opposed the claim through an affidavit sworn by Prison Officer I Veronica Arrindell on January 27, 2025.Arrindell stated that at the time there was no dedicated correctional facility for girls and juveniles remanded by the courts were treated as adults pursuant to warrants issued and detained at the Women’s Prison. She denied that Romain was housed with adult prisoners and stated that juvenile detainees were accommodated in the Main Prison North, which was physically separated from adult inmates through different staircases, dining areas and walkways.Arrindell also denied many of the claimant’s allegations. She stated that Romain was housed in a dormitory with beds, toilets and bathroom facilities and not in a prison cell as alleged.She denied receiving reports of sexual harassment or mistreatment and maintained that the claimant suffered from mental health issues before entering the prison.While acknowledging that Romain was temporarily placed in a cell block after an altercation with another juvenile on July 6, 2014, Arrindell stated that the area was properly lit and suitable.She further stated that the claimant was generally uncooperative and that no reports were made concerning hostility or neglect by prison officers.Attorney Shan Quashie of Markia Trim Legal Consultancy and Lemuel Murphy of Regius Chambers appeared for the claimant. Attorneys Candice Alexander, Laura Persad, Tenelle Hills and Nelson Granville appeared for the State.
42 days in adult prison
THE HIGH Court judge has awarded a woman $400,000 in constitutional and vindicatory damages after finding that the State had unlawfully detained her in the Adult Women’s Prison at Golden














