By FRANCIS JOSEPH
It took 11 years, but Kern Parkinson has succeeded in his malicious prosecution case.
He has been awarded more than $700,000 after he was arrested in 2015.
The State has been ordered to pay the compensation to Parkinson, who was remanded for 18 months in jail after being falsely accused of being in possession of a bullet proof vest to assist a gang.
Justice Robin Mohammed ordered the compensation for Parkinson after upholding his malicious prosecution. The lawsuit stemmed from Parkinson’s arrest on November 12, 2015.
Police officers claimed that they executed a search warrant at Parkinson’s Upper Freedom Street, Cocorite, home and found a quantity of marijuana in a cigarette box and a bullet proof vest under a bed.
Parkinson claimed that the officers demolished a galvanize fence to enter his property and did not show a search warrant.
He admitted that the officers found the marijuana but denied being in possession of the bullet proof vest, which he claimed the officers only showed him after he was arrested and placed in a police vehicle.
Parkinson was charged for marijuana possession and for possession of a bullet proof vest for the benefit of a gang or gang member.
He spent 18 months in prison before he was granted bail in 2017.
He pleaded guilty to marijuana possession and was reprimanded and discharged. He contested the charge under the Anti-Gang Act and it was eventually discontinued by the Office of the Director of Public Prosecutions (DPP) in May 2018.
Justice Mohammed found that Parkinson was a credible and straightforward witness.
The judge added, “While the Defendant highlighted several inconsistencies and improbabilities in his evidence, I do not find them material or to impugn his overall credibility.”
Justice Mohammed said the evidence of the three police officers was unreliable and partially fabricated. The judge said, “In stark contrast, I found the evidence of the Defendant’s witnesses to be fraught with inconsistencies, evasions, and a troubling lack of candour.”
Justice Mohammed pointed out that the officers failed to provide evidence on the information for confidential informants they were relying on to link Parkinson to gang-related activity. He inferred malice based on the conduct of the officers.
Justice Mohammed said: “This fact, combined with the complete lack of evidence, strongly suggests that the charge was not laid to secure justice, but as a tool of oppression.”
Justice Mohammed ordered $525,000 in general damages to compensate Parkinson for his loss of liberty and the extreme emotional distress and humiliation he endured.
He added, “This award takes into account the serious nature of the charge, the lengthy 18-month period of incarceration in deplorable conditions, the loss of his job, the trauma inflicted on his family, and the malicious and oppressive manner in which he was treated.”
He ordered $75,000 in exemplary damages to punish the State for the oppressive, arbitrary, and unconstitutional conduct of its servants.
The State was also ordered to pay $85,941 in interest and $85,445 in legal costs.
Parkinson was represented by Criston J Williams, and Celeste St Louis.
The Office of the Attorney General was represented by Natoya Moore, and Karissa Singh.
