Senior Reporter
derek.achong@guardian.co.tt
A man living in east Port-of-Spain, who was beaten by prison officers on the eve of his 28th birthday while serving a sentence at the Port-of-Spain State Prison, has been awarded $58,000 in compensation.
High Court Judge Frank Seepersad ordered the compensation for Joel Roberts, of Clifton Hill, East Dry River, when he upheld his assault and battery case after presiding over a brief trial, on Tuesday morning.
According to the evidence in the case, the lawsuit stemmed from a series of incidents which began on December 9, 2020.
Roberts was confined to a cell with several other inmates when one of them threw the contents of the cell’s slop pail on the inmates in the cell below them.
Two prison officers came to the cell and accused Roberts of being the culprit.
Roberts claimed the officers beat him on his hands and legs with their batons after he denied any wrongdoing.
Although the inmate that threw the pail admitted to his actions upon seeing Roberts being beaten, the two officers still took Roberts to a senior officer.
Roberts claimed that the senior officer removed the strap from a pail and used it to strike him 15 times on his back. During the beating, Roberts allegedly confessed to throwing the contents of the pail.
Roberts was taken to the prison’s infirmary for treatment and was given two painkillers.
He claimed that he complained of still experiencing excruciating pain and was again beaten by a prison officer.
He stated that he was only taken to the Port-of-Spain General Hospital for treatment over a week later after his lawyers filed a separate lawsuit that was upheld by High Court judge Betsy Ann Lambert-Peterson.
Roberts was subsequently released after completing his sentence but was forced to return as he was convicted and sentenced for a different crime he was accused of.
In upholding Roberts’ case, Justice Seepersad ruled that he (Roberts) had proved his claims on a balance of probabilities.
Justice Seepersad noted that Roberts provided photographs taken by his lawyers days after the incidents which showed welt marks on his back.
Justice Seepersad ordered $40,000 in general damages for the injuries Roberts sustained.
He also ordered an additional $18,000 in exemplary damages to signify his condemnation of Roberts being refused medical treatment.
“Every request for medical treatment must be facilitated provided that adequate security arrangements can be effected,” he said.
“The refusal to facilitate medical treatment undermines a citizen’s fundamental rights and has no place in a civilised society,” he added.
The judge also noted that the case demonstrated the need for training and support for prison officers, who work in volatile conditions.
“They must be afforded continuous training and psychological support to enable them to respond adequately to situations that unfold and they need the requisite professional assistance and training to ensure that their responses are measured and proportionate,” Justice Seepersad said.
Justice Seepersad also took issue with the fact that Nicholas Lalchan, one of the prison officers accused of beating Roberts, declined to testify in the case after resigning from the T&T Prison Service.
“The officer had a responsibility to be here. This responsibility is a result of his former employment. He also has a civic responsibility to give evidence where he has material knowledge,” Justice Seepersad said.
He suggested that regulations be amended to compel such officers to comply.
“The time has come to revisit the operative regulations so as to impose a positive obligation/mandate upon former office holders to provide evidence relative to matters which unfolded during their employment even after retirement or resignation,” he said.
“The receipt of continued pensionable benefits must be hinged to the continued obligation to be held to account for the actions which were undertaken during the course of one’s employment,” he added.
Roberts was represented by Lemuel Murphy and Keishel Grant.
