A High Court Judge has ordered a little over $90,000 in compensation to two men, who were beaten by prison officers during a riot at the Golden Grove State Prison in Arouca.
In a recent judgment, Justice Margaret Mohammed upheld assault and battery lawsuits brought by Paul Williams and Mark Marshall against the Office of the Attorney General.
The lawsuit related to an incident at the prison on March 17, 2020.
Williams said he was attempting to return to his cell after his daily airing when he heard a commotion and noticed fellow prisoners burning mattresses.
He claimed that he tried to hide in the bathroom area with some other inmates, but they were confronted by a group of prison officers, who accused them of being responsible for the disturbance.
Williams said one officer beat him with a baton before restraining his hands with a tie-strap.
He alleged that although he requested to be taken to hospital for treatment, the request was only facilitated almost two weeks later.
Marshall claimed that he was sleeping in his cell when the riot began.
He said he went to the bathroom area as he could not breathe properly due to the smoke from the burning mattresses.
Marshall claimed that he was beaten alongside Williams and suffered a fractured nose and a dislocated hand.
Marshall was only taken for medical treatment after his lawyers, Mario Merritt and Keishel Grant, threatened legal action over the Prisons Commissioner’s refusal to facilitate such.
In response to the lawsuit, the AG’s Office denied any knowledge of the duo’s claims as it contended that they failed to identify the prison officers who attacked them.
In deciding the duo’s cases, Justice Mohammed held that she believed their consistent claims over what transpired.
“Their evidence was unshaken in cross-examination, and there was no evidence from the Defendant to contradict that case of Mr Williams and Mr Marshall,” she said.
She also pointed out that there was no evidence presented by the State to claim that the officers used reasonable force in the situation.
Justice Mohammed ordered $30,000 in damages for Williams and $20,000 for Marshall, which was based on the extent of their injuries, which did not result in permanent partial disability.
Justice Mohammed also ordered $10,000 in exemplary damages for each of the men based on the conduct of the officers.
“The prison officers are employed to perform a public function to rehabilitate offenders and to maintain control of inmates in the prison under safe, secure and humane conditions,” Justice Mohammed said.
“However, in the instant case, the prison officers failed to comply with the written instructions of the Prison Medical Officer to convey Mr Williams and Mr Marshall to the Eric Williams Medical Sciences Complex for medical treatment until the matter was brought to the attention of the court,” she added.
The State was also ordered to pay the duo’s legal costs for pursuing the litigation.
The AG’s Office was represented by Mary Davis and Nairob Smart.
