A 38-year-old of south Trinidad, who was beaten by police and framed for a robbery and a burglary in 2015, has been awarded over $400,000 in compensation.
Akil Anderson Samuel, of La Romaine, filed his lawsuit against the State in October 2019 and obtained a default judgment after the Office of the Attorney General failed to file a defence to the lawsuit within the allotted time.
High Court Master Martha Alexander was tasked with assessing the compensation for Samuel and completed the process, earlier this week.
According to Samuel’s court filings, which were obtained by Guardian Media, he was detained by police while attending a Parent Teacher Association (PTA) meeting at the Egypt Village Government Primary School on November 5, 2015.
The officers accused Samuel of being responsible for a robbery of a story and a burglary of a home, which allegedly took place several months earlier, and he was arrested in front of his daughter, her classmates, teachers, and the principal of the school.
Samuel was taken to the Point Fortin Police Station where he was interrogated by police officers.
During the interrogation, Samuel repeatedly denied any wrongdoing, was allegedly slapped three times with a station diary book, and punched several times.
“The said police officers then demanded that the Claimant sign a written statement that was prepared beforehand, and the Claimant refused and was slapped about his face and head when he refused to sign same,” Samuel’s lawyers said.
They claimed Samuel remained detained in an unsanitary and overcrowded cell for four days before he was eventually charged for robbing a clothing store and for breaking and entering into a dwelling house on different days.
After making his first court appearance, Samuel remained remanded for almost three months as he could not access bail.
The charge over the clothing store robbery was dismissed as the evidence was inconsistent and Samuel did not fit the description of the perpetrator.
The second charge was dismissed as the home-owner stated that Samuel was not the person, who burgled his home.
In the lawsuit, Samuel’s lawyers Abdel and Shabaana Mohammed alleged that police did not have reasonable or probable cause to prosecute him. They also alleged that the investigation was not performed in accordance with the police’s Standing Orders and that identification parades should have been performed before he was charged.
In her written decision, Master Alexander ordered $285,000 in compensation for wrongful arrest, false imprisonment, and malicious prosecution.
Alexander criticised the circumstances of Samuel’s arrest as she accepted that his shame, humiliation, and psychological damage were ongoing.
“Instead of turning up on the school compound to embarrass him, the exercise of some restraint and good sense would have avoided such irreparable damage,” Alexander said.
“At the end of the baseless prosecution, the claimant’s reputation was damaged and he was left to live with that stigma and humiliation for the rest of his life,” she added.
Alexander ordered $40,000 for the assault and battery by the police officers and an additional $40,000 in exemplary damages to highlight the officers’ oppressive conduct in the case.
The State was also ordered to pay $7,500 to cover the legal costs Samuel incurred in defending the charges and almost $36,000 for the costs expended in pursuing the lawsuit.
The State was represented by Rachael Jacob and Avaria Niles.