A High Court judge has ordered the State to pay $375,000 in a malicious prosecution and false imprisonment lawsuit arising from an incident nine years ago.
Justice Peter Rajkumar delivered judgment in favour of claimants Ricky Layne, Stephanie Dickson and Jesse Choon who claimed the police gave them a “frame case” for marijuana and detained them for six days in filthy cells in the San Fernando Police Station.
Represented by attorneys Cedric Neptune and Dane Halls, the claimants contended they were at Layne’s home on March 27, 2007 at Cachipe Village, Moruga, along with Darren Richards (now deceased) when PC Bacchus, then Cpl Smith and other police officers arrived at the home.
They said the officers barged into the house without a warrant, conducted a search and found nothing illegal.
The officers, according to the claimants, told them they believed the deceased was a wanted man and they would all have to be taken to the police station “on inquiries.”
They were arrested and taken to the San Fernando Police Station where they were put in filthy cells in the station, not allowed drinking water and had to eat with their dirty hands in a filthy environment filled with urine and faeces.
Although they were charged with marijuana possession on that same day, the claimants remained detained at the station for six days before being taken to the San Fernando Magistrates’ Court.
Dickson, who was experiencing her menstrual cycle at the time, complained she was not allowed to take a bath for three days while the other two claimants were not allowed a bath at all.
Neither PC Bacchus or Cpl Smith were present when the matter was called in the San Fernando court, the claimants were granted bail and the matter was transferred to the Princes Town Magistrates’ Court.
The matter was adjourned 25 times until it was eventually heard and determined in September 2013.
The claimants were subsequently freed by the magistrate who expressed concerns about the prosecution’s case and said she had “great doubts” the incident ever happened.
The claimants’ attorneys submitted their clients suffered mental, emotional and psychological anguish.
They outlined several aggravating factors including:
“The illegal search of the home of the first-named claimant, the planting of marijuana on the third-named claimant and the subsequent charging of all three claimants for possession of marijuana; the oppressive and unlawful behaviour of the agents and/or servants of the defendant at the San Fernando Police Station in the incarceration of the claimants for six days before they were taken to court; the ‘sub-human’ conditions of the cells the claimants were forced to occupy at the said station, denying them their rights, among other things.”
The case for the defendant was that PC Bacchus obtained a warrant after conducting inquires to search Layne’s home for guns and ammunition.
During the search, he found a bag on a table in the living room with marijuana.
The State submitted the reason the claimants were detained for six days was because inquires were being conducted in relation to jewellry and a vehicle found on Layne’s premises which were believed to be stolen.
Giving judgment in the claimants favour, the judge awarded $125,000 to each claimant, inclusive of aggravated damages. The judge also ordered the defendant to pay costs on a prescribed basis.