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Monday, May 5, 2025

Claxton Bay man gets $1 m after false charges

by

Derek Achong
2138 days ago
20190627
Mark Hagley stands outside the Hall of Justice after the hearing of his case yesterday.

Mark Hagley stands outside the Hall of Justice after the hearing of his case yesterday.

DEREK ACHONG

For the third time in less than two years, tax­pay­ers have been forced to com­pen­sate a man from Clax­ton Bay, who claimed to have been re­peat­ed­ly tar­get­ed by a group of po­lice of­fi­cers.

Mark Vic­tor Ha­gley, of South­ern Main Road, Clax­ton Bay, re­ceived his lat­est award on Thurs­day as High Court Mas­ter Sher­lanne Pierre grant­ed him $200,000 in com­pen­sa­tion over an in­ci­dent in 2010.

Pierre was as­signed to as­sess the com­pen­sa­tion in the ma­li­cious pros­e­cu­tion case af­ter Ha­gley re­ceived a de­fault judge­ment over the State’s fail­ure to en­ter a de­fence to his claim.

The de­ci­sion means that Ha­gley has now earned al­most $1 mil­lion in com­pen­sa­tion from tax­pay­ers be­cause of the ques­tion­able ac­tions of a group of po­lice of­fi­cers, since 2006.

Ac­cord­ing to Ha­gley’s wit­ness state­ment, filed in the as­sess­ment pro­ceed­ings, the in­ci­dent oc­curred on Feb­ru­ary 5, 2010, while he was lim­ing by a bar near his home with friends.

Ha­gley claimed that he was ap­proached by two po­lice of­fi­cers, who had pre­vi­ous­ly framed him for drug pos­ses­sion in 2006.

He claimed that al­though he de­nied that he had any­thing il­le­gal in his pos­ses­sion and at­tempt­ed to re­move his cloth­ing to prove same, he was still ar­rest­ed.

Ha­gley was tak­en to the St Mar­garet’s Po­lice Sta­tion and was de­tained for sev­er­al hours be­fore he was even­tu­al­ly charged with co­caine pos­ses­sion.

“Af­ter the charge slip was read out to me, I im­me­di­ate­ly felt an­gered and frus­trat­ed, as at no time did I ever had in pos­ses­sion any il­le­gal drugs, es­pe­cial­ly co­caine as al­leged by the po­lice of­fi­cers,” Ha­gley said.

Ha­gley spent 42 days on re­mand be­fore he was even­tu­al­ly able to ac­cess bail.

He made 20 court ap­pear­ances be­fore the case was even­tu­al­ly dis­missed by a mag­is­trate over the fail­ure of the PC Leon Har­ri­paul, who charged him, to at­tend sev­er­al hear­ings of the case.

Ha­gley al­so claimed that since the in­ci­dent he has been con­tin­u­al­ly ha­rassed by po­lice.

“As a re­sult of the ar­rest, de­ten­tion and pros­e­cu­tion by the po­lice of­fi­cers, I have no faith or trust in any po­lice of­fi­cers in the T&T Po­lice Ser­vice (TTPS) due to what they have done to me and I state that my char­ac­ter and rep­u­ta­tion in the area has been ir­repara­bly dam­aged,” Ha­gley said.

He was al­so ap­pre­hen­sive over the pos­si­bil­i­ty that his trau­mat­ic ex­pe­ri­ences with po­lice in his com­mu­ni­ty may con­tin­ue.

“De­spite hav­ing this charge dis­missed, the po­lice have nev­er been in­ves­ti­gat­ed or dis­ci­plined for their con­duct and to date, I don’t even go any­where or lime any more as this in­ci­dent has de­stroyed my char­ac­ter and my self-con­fi­dence,” he said.

Al­though Ha­gley ex­pressed fear of sim­i­lar in­ci­dents re­cur­ring, in his state­ment, when Guardian Me­dia spoke to him af­ter the case he ap­peared con­fi­dent over his abil­i­ty to han­dle pos­si­ble fur­ther vic­tim­i­sa­tion.

“Let them come. I am ready for them,” a de­fi­ant Ha­gley said as he sug­gest­ed that he had no is­sue with fil­ing fresh claims if he was tar­get­ed once again.

Con­tacte­don Thurs­day over whether the T&T Po­lice Ser­vice (TTPS) cur­rent­ly has a sys­tem in place to con­sid­er dis­ci­pli­nary pro­ceed­ings for of­fi­cers whose con­duct are crit­i­cised in civ­il claims from cit­i­zens, Po­lice Com­mis­sion­er Gary Grif­fith re­ferred the ques­tion to the TTPS’s com­mu­ni­ca­tions de­part­ment.

Se­nior sources in the TTPS con­firmed that such a sys­tem was be­ing de­vel­oped.

The source ad­mit­ted that the TTPS was cur­rent­ly “in­un­dat­ed” with damn­ing judge­ments against po­lice of­fi­cers, like Ha­gley’s, but not­ed that the pro­posed sys­tem would take a while as it has to be de­vel­oped metic­u­lous­ly to en­sure that it con­forms with the Po­lice Ser­vice Act and Reg­u­la­tions.

Guardian Me­dia un­der­stands that while Ha­gley made the claims against the State through the law­suits, he nev­er made any re­ports against the of­fi­cers to the Po­lice Com­plaints Au­thor­i­ty (PCA).

The lack of re­ports does not pre­clude the PCA from in­ves­ti­gat­ing the of­fi­cers as, un­der Sec­tion 26 of the PCA Act, it may ini­ti­ate an in­ves­tiga­tive with­out a re­port once an in­ci­dent comes to its at­ten­tion.

Some judges have been known to re­fer their judge­ments made against of­fi­cers di­rect­ly to the Po­lice Com­mis­sion­er and PCA for their con­sid­er­a­tion. How­ev­er, such was not done in Ha­gley’s most re­cent case as he scored a le­gal vic­to­ry even be­fore it even went to tri­al.

Ha­gley was rep­re­sent­ed by Ab­del and Shabaana Mo­hammed while Lianne Thomas rep­re­sent­ed the State.


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