An “urgent assessment” of all of this country’s court facilities is needed to ensure compliance with “the appropriate standards of safety and security,” a High Court judge has said.
Justice Ronnie Boodoosingh made the statement as he handed down a judgment on May 19 in favour of a police officer who was injured on three separate occasions during the course of his duties at the San Fernando Magistrates’ Court.
Bunny Kameel Ali sued the State as a result of his injuries.
“The State must do its part to ensure that no one is injured in future as a result of a failure to take reasonable steps to ensure the safety and security of those who use our judicial buildings,” Boodoosingh stated in his judgment.
Ali, who became a policeman in 1982, was transferred to the Court and Process Branch of the Police Service in 2008 and was assigned to the San Fernando Magistrates’ Court. On October 5, 2009, Ali reported to work.
“The complement of staff included one sergeant, one corporal and nine constables,” the judgment stated. “The usual or regular number of officers assigned from (Ali’s) experience to the San Fernando Magistrates’ Court would be one sergeant, two corporals and 17 constables,” it stated.
As a result of the shortage of police officers, Ali and another constable had to supervise 12 prisoners in the holding cell. The list of prisoners for that day included people charged with murder, rape, armed robbery, drug offences and wounding.
“While they were in the holding cell six prisoners began attacking another prisoner named David Bobb. The way the cell is designed is that the cell is in the downstairs area of the court.
There is a step which leads into the courtroom in question up which the prisoners are escorted to a cage in the courtroom.
This incident occurred in the presence of the sitting magistrate and members of the public in court,” Boodoosingh’s judgment stated.
“While (Ali) was attempting to restrain the prisoners from causing further harm to Bobb, and in carrying out his duties, Bobb ran behind (Ali) and held on to (his) shoulder and used him as a shield to escape further attack,” it stated.
The six prisoners jumped on Ali. Ali was eventually taken to the San Fernando General Hospital.
The six prisoners were charged and found guilty of assaulting Ali.
Ali was placed on exemption from outdoor duties and was referred to a physiotherapist.
On December 28, 2009, while Ali was assisting another police officer in placing prisoners in the cell block a fight broke out.
While trying to part the prisoners Ali received further blows to his lower back and his injuries were aggravated.
Ali received “various periods of injury leave over an extended period of time.”
On October 11, 2011, Ali was back at work and while he was assisting a fellow officer to “forcefully remove a prisoner from a cell who was being assaulted by other prisoners,” he felt a “piercing pain to his lower back which ran down to both of his legs.”
Ali sued the State for “negligence.”
“(Ali) said on the dates of the first and second incidents the prisoners were brought and placed inside of the holding cells without handcuffs.
He noted when riots occur, the Guard and Emergency Branch of the Police Service is responsible for bringing the situation under control. They have to be called upon in a process which involves getting authorisation from a senior police officer,” the judgment stated. Ali said all he received was “first aid and self defence training” when he joined the Police Service.
Boodoosingh said the “lack of training opportunities” for Ali to develop his skills in prisoner management “left him unprepared.”
The state’s “sole witness” in the matter, corporal Kassiram Lutchman, described the San Fernando Magistrates’ Court cell block “as one of the most violent in the country.”
The State has to pay damages to Ali.
Those damages are to be assessed before a Master of the Court.
Ali was represented by Jagdeo Singh, Michael Rooplal and Saira Lakhan.
The State was represented by Tinuke Gibbons-Glenn and Stefan Jaikaran and instructed by Nisa Simmons.