Senior Reporter
derek.achong@guardian.co.tt
One of the men awaiting trial for the murder of Senior Counsel Dana Seetahal has succeeded in a lawsuit over a beating he allegedly suffered following a riot at the Maximum Security Prison, Arouca, at the start of the COVID-19 pandemic in 2020.
High Court judge Carol Gobin upheld Devaughn Cummings’ assault and battery claim after presiding over a trial that concluded yesterday morning.
Although Cummings has won the case, he will have to wait several months to learn the amount of compensation he will receive. Justice Gobin requested written submissions on damages from his attorneys and from lawyers representing the Office of the Attorney General (AG). She is scheduled to deliver her ruling on May 24.
In his lawsuit, Cummings said he was in his cell when the riot erupted on March 17, 2020, sparked by inmates’ fears of contracting COVID-19. He admitted to using a contraband cellphone to live-stream events on social media.
Cummings claimed that after masked police and prison officers quelled the disturbance using tear gas and non-lethal ammunition, including rubber bullets, he was removed from his cell. He alleged that he was shot three times with rubber bullets and repeatedly beaten about the head with batons.
He further claimed that he was dragged to a drain, where a prison officer he identified as Jevon “Trotman” briefly held his head underwater. Cummings was later taken to the Eric Williams Medical Sciences Complex, Mt Hope, for treatment and was subsequently returned to the prison.
After the lawsuit was filed, the AG’s Office denied any wrongdoing, maintaining that officers used reasonable force in the circumstances.
During yesterday’s hearing, acting Senior Superintendent Terry Joseph testified that he was in one wing of the prison when he heard inmates from two other wings causing a disturbance. He confirmed that prison officers assigned to the Emergency Response Unit (ERU), along with police officers, were summoned to assist in extracting inmates.
Under cross-examination by Cummings’ attorney, Mario Merritt, Joseph—who is now assigned to the Prison Training College—was asked whether the T&T Prison Service’s Use of Force policy allowed officers to repeatedly beat inmates on the head.
“I won’t say it was part of training, but there are circumstances that can result in the force used,” Joseph said.
Asked whether the alleged assault on Cummings was specifically investigated, Joseph said only a general investigation was conducted. He was also unable to say how many of the more than 400 inmates involved in the riot were injured.
“For context, that is half the prison,” he said.
While Joseph maintained that he did not witness Cummings being beaten, his colleague, Jevon Trotman, admitted that he saw the incident.
Asked why he did not report what he witnessed, Trotman said: “It should have been reported, but not by me. The officers who were hitting him had a responsibility to report what they were doing.”
Trotman also said he was not concerned by Cummings’ admission that he had used a cellphone to live-stream the riot.
“No, inmates do stuff like that all the time,” he said.
He denied participating in the assault, noting that such conduct could have resulted in his dismissal.
In delivering her decision, Justice Gobin said Cummings’ account was corroborated by Trotman’s testimony. She also criticised the AG’s Office for failing to call the officers allegedly involved to testify about any conduct by Cummings that might have justified the use of force.
“That is what the State has to tell me,” the judge said, noting that such evidence could have persuaded her that the force used was reasonable in the circumstances.
Cummings is among a group of men accused of assassinating Seetahal, who was shot dead while driving her SUV along Hamilton Holder Street, Woodbrook, on May 4, 2014.
In July 2020, the group was committed to stand trial for Seetahal’s murder. However, the matter has not progressed, as the Office of the Director of Public Prosecutions has not yet filed the indictment required for the case to be assigned to a High Court judge and a trial date set.
The AG’s Office was represented by Natoya Moore-Belmar.
