A High Court Judge is calling on the Government to institute regulations for joint patrols involving police and soldiers.
Justice Frank Seepersad made the call in the Port-of-Spain High Court yesterday while delivering judgment in a lawsuit brought by a police officer who was shot three times by a soldier, who accidentally discharged his gun during a joint patrol in Rio Claro in October 2011.
Seepersad said, “The catharsis of criminal activities requires mature actions. Our responses cannot be reactionary. A proactive approach must be taken.” He said such regulations would minimise the potential of errors which may endanger the lives of citizens as well as members of the protective services.
“As they say in local parlance, two bo rat cannot live in one hole. Proper regulatory framework must be considered, otherwise the objectives of such exercises may not be achieved,” he said.
In his oral judgment, Seepersad ordered that the State pay acting Insp Ronald Williams $150,000 in general damages as well as $3,660 in special damages.
Williams was among a group of soldiers and police officers who were attempting to apprehend a drug trafficking suspect at Jeffers Lane, Tabaquite Road, Rio Claro, when he was shot.
Testifying before Seepersad on Monday, Williams said after the suspect was detained and he and the team of officers were crossing a ravine to return to the vehicles, the sub-machine gun being carried by T&T Regiment Cpl Lindon Davidson discharged three times hitting him in his chest, arm and leg. Williams recovered from his injuries and has since returned to active duty.
Williams also alleged that he spoke to Davidson about the safety mechanism on his weapon being off before commencing on the exercise. Davidson denied this as he claimed that he had only disengaged the safety switch upon seeing the suspect.
In ruling that Davidson had been negligent, Seepersad noted that Davidson had testified that it would have taken him only a second to check and adjust the weapon’s safety switch. He also ruled that Davidson could not justify why he had left the safety switch off as the situation with the unarmed suspect did not require a soldier’s intervention.
“Greater care ought to have been exercised. The court finds that the injury to Sgt Williams was as a result of negligence and wilful refusal to abide by the directions of the claimant,” Seepersad said.
On April 25, 80-year-old Sona Lalloo, of Rancho Quemado, Erin, was shot in her head after a police officer’s gun discharged whilst he was climbing a chain link fence near her home in a bid to apprehend a robbery suspect. Lalloo, a mother of ten, died three days later in hospital.
Williams was represented by Sushma Gopeesingh while Christie Modeste appeared for Davidson and the Office of the Attorney General.