Repeated delays in repaying an over $100,000 debt to a former client have landed a lawyer a two-week stint in prison.
Attorney Kavita Crystal Persad was committed to the Women's Prison in Arouca for 14 days as she was held in contempt of court by High Court Judge Frank Seepersad, yesterday.
The contempt proceedings against Persad, of Old Factory Road, Piarco, stemmed from a lawsuit filed by her former client Kyle Hope-Singh, three years ago.
In his case, Hope-Singh claimed that in September 2022, he entered into an agreement with Persad for her to pay US$14,540 for a new solar portable power station for his home.
Hope-Singh transferred $109,050 to Persad's bank account and was forced to pursue litigation after she failed to make the payment to the supplier within two days as promised by her under their agreement.
In July 2023, Justice Seepersad granted Hope-Singh a default judgment after Persad failed to properly defend the case.
Hope-Singh's lawyer Brandon Rajkumar brought contempt of court proceedings after she failed to make the payment in accordance with the judgment.
While the proceedings were at a preliminary stage, Persad entered into a consent order under which she promised to make the payment in late July, last year.
Rajkumar reinstated the proceedings after she again failed to make the payment.
Presenting submissions, Rajkumar called on Justice Seepersad to commit her to 60 days in prison for wilfully disobeying previous court orders.
"She does not deserve the court's leniency," Rajkumar said.
Rajkumar also claimed that another client successfully pursued contempt of court proceedings against Persad over a separate unpaid debt and she was also committed.
Persad claimed that she attempted to meet the payment deadline but was delayed as she fell ill.
She also claimed that her lawyer could not make an application to vary the order as he suffered ligament damage and could not walk.
"I am still making arduous efforts to clear up this matter as soon as possible," Persad said.
Referring to the separate proceedings against her by a third party, Persad claimed that the committal was stayed pending an appeal.
She also claimed that she was not aware of the potential ramifications for failing to make the payment as she said such was not explained when the court order was served on her.
In deciding the case, Justice Seepersad rejected her claims.
"It is difficult to contend that there is a breach of natural justice as she was fully aware of the terms of the order and even consented as to how this debt should be repaid," he said.
Justice Seepersad also noted that Persad did not have the authority to provide foreign exchange services as she did with Hope-Singh.
"As an attorney-at-law, one has to ensure they do not embark on action that flouts the law in any way," he said.
"There is a heightened degree of lawlessness in T&T that this court will not tolerate," he added, as he noted that citizens including lawyers have a duty to comply with court orders.
He said that the separate committal proceedings were irrelevant to the case before him.
Persad was detained by High Court Marshals immediately after the hearing at the Waterfront Judicial Centre in Port-of-Spain.
Guardian Media understands that she was held back in the courtroom until officers of the Court and Process Branch of the T&T Police Service (TTPS) arrived to take her to the prison as there are no holding bay facilities at the location, which houses only civil courts after they (the courts) were transferred from the Hall of Justice in Port-of-Spain.
In June, last year, Persad was charged for allegedly stealing $224,625 from a client.
She was accused of accepting the payment but failing to provide the legal services she was hired to do.
Persad was released on $350,000 bail.