By FRANCIS JOSEPH
For yet another time, and again before the same judge, the State (the taxpayers) will have to find money to pay citizens for the indiscretions of members of the Police Service. For Justice Frank Seepersad, it was another occasion when he had to rule against the State. In the past, this judge had called on Police officers to pay from their own pockets.
He recommended that the law be amended for this to happen. But nothing has yet happened where this is concerned.
On this occasion, the taxpayers will have to pay over $200,000 in compensation to a members’ club owner for false imprisonment and malicious prosecution.
Justice Seepersad ruled in favour of Lorenzo Mendez-Stewart on March 10.
The Case
The matter was as a result of Mendez-Stewart’s arrest for marijuana possession on October 12, 2018. Police officers claimed that they saw Mendez-Stewart standing outside Ghino’s Members Club in Woodbrook and that he ran inside upon seeing them.
They further claimed that they entered and found him holding a bag containing marijuana.Mendez-Stewart was arrested and taken to the Four Roads Police Station, where he was charged. He spent two hours in custody before he was granted station bail by a Justice of the Peace.
He made several court appearances before the charge was dismissed by a Magistrate.
At the civil case, Mendez-Stewart tendered CCTV footage of the police exercise, which was also considered by the Magistrate. He said that he was never on the sidewalk as claimed and contended that the officers planted the marijuana on him.
Mendez-Stewart’s brother, Ghino, who is the co-owner of the club, also testified to corroborate the version of the events.
In defence of the case, WPC Matthews, who laid the charge, challenged the evidence.
Under cross-examination by Mendez-Stewart’s lawyer, Naveen Maraj, she claimed that the CCTV footage was edited to include footage from another raid on the club, which occurred after Mendez-Stewart’s arrest.
But Justice Seepersad found the evidence of the brothers more credible. He noted that the footage showing that Mendez-Stewart was not on the sidewalk when the police arrived. This was verified by another police officer, who also testified in the case.
Justice Seepersad stated that the case highlighted the importance of video evidence.
He said, “Contemporaneous video recordings really form the best evidence. It really reduces the fallibility of human recollection.”
Justice Seepersad ordered $25,000 for false imprisonment, $100,000 for malicious prosecution, and $50,000 in exemplary damages, plus costs.
The judge noted that Parliament had been reluctant to pass legislation to hold errant police officers personally responsible for compensation in such cases. “The court will continue to impose these awards as long as the evidence requires.”
