Derek Achong
A soldier has been ordered to pay $14,000 in legal costs to the State following his failed malicious prosecution and false imprisonment lawsuit over his arrest for a traffic violation in 2017.
High Court Judge Frank Seepersad made the order as he dismissed Corporal Darren Cummings’s lawsuit against the Office of the Attorney General and PC Keelon Davidson following a brief virtual trial, on Tuesday.
While Seepersad ruled that Davidson had reasonable and probable cause to arrest Cummings as his (Davidson) version of the events was more probable and plausible, he still admonished both members of the protective services for their conduct in the case.
“Being members of the T&T Police Service (TTPS) and the T&T Defence Force (TTDF), they engaged in conduct that the court finds quite disturbing,” Seepersad said.
He noted that before the incident Cummings was assigned to the security detail for Chief Justice Ivor Archie and after the incident, Davidson was assigned to help guard the Prime Minister’s official residence in St Ann’s.
He noted that he believed Davidson’s evidence that Cummings blew cigarette smoke in his face and resisted him and his colleagues.
“This demonstrates a lack of civility. It is therefore quite alarming,” Seepersad said.
Dealing with Davidson’s conduct, Seepersad said he was shocked that he (Davidson) admitted that he did not attend hearings of Cummings’ case because he was afraid of being victimised after Cummings’ father warned that his brother, an Assistant Commissioner of Police (ACP), would take action against the officers responsible for his nephew’s arrest.
Stating that court attendance is mandatory for police officers, Seepersad suggested that it was unfathomable for Davidson to make the admission.
“The very nature of service in the protective services comes with a risk of personal harm...It is unacceptable that someone with that predisposition to succumb to fear would be assigned to guard an official residence,” Justice Seepersad said, as he questioned Davidson’s ability to respond to a threat while stationed there.
As part of his decision in the case, he ordered that the Supreme Court Registrar forward a copy of the transcript of the case to acting Police Commissioner McDonald Jacob for his consideration.
“If the service has this type of cowardice in its ranks, it must be addressed and quickly,” he said.
According to the evidence presented during the trial, the case stemmed from an incident at the junction of Cane Farm Road and the Priority Bus Route (PBR) in Tacarigua, on September 19, 2017.
Cummings claimed that he was waiting to cross the PBR to make his way to his home in Trincity, when he was forced to overtake a PH taxi, which was waiting on passengers to board while blocking the road.
Cummings claimed that he was stopped by Davidson and his colleagues, who became hostile after they realised he was a soldier.
Davidson claimed that he was beaten before being arrested and taken to a police station where he was kept overnight.
Davidson was charged with dangerous driving, disorderly conduct, and resisting arrest.
He made several appearances before a magistrate before the charges were dismissed for want of prosecution in December 2018 after Davidson repeatedly missed hearings.
In defence of the case, Davidson denied any wrongdoing as he claimed that he and his colleague stopped Cummings car after they saw him dangerously overtake a group of cars.
Davidson claimed that Cummings was hostile throughout the exchange before his eventual arrest.
In deciding the case, Seepersad noted that he believed Davidson’s evidence as he and his colleagues had no reason to victimise Cummings as they did not know each other before the incident.
“The court had to ask itself, why would Davidson fabricate a version of events against someone, who he did not know?” Seepersad said, as he noted that the police officers could not know Cummings was a soldier as he was not in uniform at the time.
He also rejected Cummings claim that he was denied a phone call after his arrest as he noted that his lawyer, father, and a TTDF official visited him while in custody.
Cummings was represented by Lyndon Leu while Sanjeev Sookoo led the legal team for the State and Davidson.
