A busi­ness­woman from San Fer­nan­do, who was wrong­ly pros­e­cut­ed for break­ing a glass bot­tle on a woman's head at a night­club in Port-of-Spain in 2017, is set to re­ceive $193,000 in com­pen­sa­tion from the State.

High Court Judge Ricky Rahim or­dered the com­pen­sa­tion for Mar­sha Khan af­ter State at­tor­neys con­ced­ed li­a­bil­i­ty as the case was set to go to tri­al on Thurs­day.

Ac­cord­ing to the ev­i­dence, Khan's failed pros­e­cu­tion stemmed from an in­ci­dent at a night­club at the cor­ner of Ari­api­ta Av­enue and Car­los Street in Wood­brook on No­vem­ber 5, 2017.

Khan and her friends rent­ed a VIP booth to cel­e­brate one of their birth­days.

Around 3 am, Khan was ap­proached by a fe­male po­lice of­fi­cer in uni­form, who or­dered her to leave the club.

Khan en­quired why she was be­ing re­moved but the of­fi­cer did not re­spond and put her in the back seat of a po­lice ve­hi­cle.

Khan was tak­en to the Wood­brook Po­lice Sta­tion where she was de­tained.

The of­fi­cer then told her that she was go­ing to be charged for "bussing ah woman head".

Al­though Khan de­nied any wrong­do­ing and protest­ed, she was even­tu­al­ly charged with dis­or­der­ly con­duct, us­ing ob­scene lan­guage and as­sault oc­ca­sion­ing a wound.

She was grant­ed $10,000 bail and made five court ap­pear­ances be­fore the charges were dis­missed due to the fail­ure of the of­fi­cer to ap­pear in court in Sep­tem­ber 2018.

In her false im­pris­on­ment and ma­li­cious pros­e­cu­tion law­suit, Khan, through her lawyer Dar­ryl Heer­alal claimed that the of­fi­cer charged her de­spite not hav­ing rea­son­able or prob­a­ble cause to sus­pect that she had com­mit­ted the of­fences.

"The charges were prof­fered against the Claimant in or­der to op­press the Claimant and done out of mal­ice, spite and ill will," Heer­alal said.

Khan claimed that she was trau­ma­tised by the in­ci­dent.

"Af­ter this ex­pe­ri­ence when­ev­er I see po­lice I get jumpy," Khan said in her wit­ness state­ment.

The Of­fice of the At­tor­ney Gen­er­al ini­tial­ly de­nied any wrong­do­ing by the of­fi­cer. In its de­fence, it claimed that she (the of­fi­cer) was ap­proached by a pa­tron who claimed Khan at­tacked her with a bot­tle.

It al­so claimed that Khan start­ed to be­have in a dis­or­der­ly man­ner af­ter be­ing con­front­ed in the club.

How­ev­er, it ad­mit­ted that the charges were dis­missed for want of pros­e­cu­tion but claimed that she on­ly made four court ap­pear­ances.

Jus­tice Rahim or­dered $125,000 in dam­ages for false im­pris­on­ment and ma­li­cious pros­e­cu­tion and $30,000 in ex­em­plary dam­ages for the of­fi­cer's con­duct.

He al­so or­dered $5,000 in spe­cial dam­ages, which rep­re­sents the le­gal fees she paid while be­ing pros­e­cut­ed. The State was al­so or­dered to pay her $33,000 in le­gal costs for the law­suit.

The AG's Of­fice was rep­re­sent­ed by Can­dice Alexan­der and Ka­dine Matthew.