…….”Court rules against Police Officers”
By FRANCIS JOSEPH
Yet another case for damages has been concluded in the High Court where the State has been ordered to pay because of the indiscretion of police officers.
It is another case where the Attorney General would have to find money to pay damages, interests and costs.
Although in this case, the sum may not be substantial, it is yet another occasion when civilians have been wronged by police officers. There have been many cases in which the courts ruled for members of the public.
In this latest case, a man who was arrested by police officers, has been awarded just over $266,651 in damages and costs.
This incident happened more than 12 years ago in the Barrackpore District. The award of damages was handed down by Justice Robin Mohammed in a 20-page judgment.
Adrian Kissoon was awarded the following:
* General Damages, inclusive of an uplift for Aggravated Damages, in the sum of $150,000.
* Exemplary Damages in the sum of $40,000.
* Special Damages in the sum of $324.
* Interest on General Damages at the rate of 2.5% per annum from the date of filing of the Claim Form and Statement of Case to the date of judgment calculated in the sum of $33,996.57.
* Prescribed costs quantified in the sum of $42,655.
On the 21st of July, 2017, Kissoon instituted proceedings against the Attorney general claiming the following:
1. Damages for assault and battery
2. Damages for false imprisonment
3. Damages for malicious prosecution
4. Aggravated and exemplary damages
5. Interest
THE CLAIMANT’S CASE
On the 19th of March, 2014, Kissoon, while walking to meet his friends who were fishing, was stopped, questioned and then beaten by two of the three police officers. He was then arrested by Acting Corporal Keith Ifill and Police Constable Brian Dookie and placed in the police vehicle.
Upon entering the vehicle he saw another man already inside, whom he came to know as Samdath Baboolal. They were taken to the Barrackpore Police Station and placed in a cell.
Kissoon stated that he was eventually taken to a room where he was told by the officers to sign a one line statement in the middle of the page. When he refused to do this, they began threatening him.
PC Dookie, he said, threatened to chop him with a cutlass that he had in his hand. The two officers then kicked him in his face, beat him with the cutlass, slapped him and even gun-butted him in his chest. In or around the 21st of March, 2014, he was taken to his home which was owned by his parents where a search was carried out by Ag. Cpl Ifill and others in his presence. Nothing was found.
On the 24th of March, 2014 he was taken to the Siparia Magistrates’ Court, charged with three counts of robbery. He was granted bail in the sum of $80,000 and the sitting Magistrate ordered that he be taken for medical treatment. He appeared in court on several occasions until the 4th of January, 2016 when all charges were dismissed against him. Kissoon denied that he robbed anyone. He claimed that he suffered injury, loss, damages and that the actions of the agents of the State were unjust, arbitrary, illegal, oppressive and unconstitutional.
He argued that the police officers ought to have known that there was no reasonable grounds for his arrest and prosecution. He contended that the agents of the State did not carry out any proper or lawful investigation and that there was not sufficient evidence to justify a prosecution. He also argued that the agents of the State wanted to advance their careers and acted rashly.
THE ATTORNEY GENERAL’S CASE
It was the AG’s case that on the 19th of March, 2014, while on inquiries and patrol, Ag. Cpl Ifill, PC Dookie and PC Guerrero received a report of a robbery at Rite Price Supermarket, Rochard Road, Barrackpore. The officers proceeded to the supermarket and there interviewed Rabindranath Boodoo, Reshma Boodoo and Sean Reverand.
Rabindranath and Reshma Boodoo were robbed of cash and an assortment of cigarettes while Sean Reverand was robbed of cash and a laptop.
A description of the men was provided by Rabindranath Boodoo. The officers were informed that the men had placed the stolen items in a black and yellow knapsack and then escaped. The officers were also informed that a shot was fired when the men entered the supermarket. The officers then interviewed other persons who were in the vicinity of the supermarket. Based on the information received, they proceeded to Ramsabad Trace, Barrackpore.
In carrying out checks in the area, they discovered Samdath Baboolal and Kissoon hiding in a bushy area in the vicinity of a banana plantation. The AG contended that Kissoon was found in possession of a black and blue knapsack with a yellow pattern. Ag. Cpl Ifill told the men of the report of a robbery at the supermarket. Ag. Cpl Ifill observed a knapsack hidden in the bushes and upon investigation in the presence of the other officers and Kissoon and Samdath Baboolal, found in the knapsack a laptop, cigarettes and cash.
The men were arrested, cautioned and informed of their rights and taken to the Barrackpore Police Station. The officers recorded statements from both men. Ag. Cpl Ifill made entries in the station diary with regards to the incident and utterances made, which were signed by both men and countersigned by himself, PC Dookie and PC Guerrero.
On the 20th of March, 2014, Kissoon and Mr. Baboolal were placed on an identification parade at the San Fernando Police Station. There they were positively identified by the five victims. The AG stated that the matter was dismissed against the both men due to the non-submission of exhibit forms. The AG contended that Ag. Cpl Ifill was not actuated by malice.
Additionally, Kissoon was not beaten at Sookhan Trace or at any time. The officer had reasonable and probable cause to arrest and charge Kissoon with the offence of robbery with aggravation, the AG added.
The claim for assault and battery was dismissed.
