The High Court has ordered Corporal of Police Mohammid Lavia and the Attorney General to pay a man who Lavia, of Owia, shot in an unprovoked attack on March 3, 2019, a total of EC$102,754 in compensation and legal fees.
On Tuesday, High Court master Cybelle Cenac-Dantes ordered that the injured man, Okeno Fergus, of Owia, receive EC$65,000 for his pain and suffering and loss of amenities as a result of the gunshot injury.
He is to receive a further EC$15,000 in exemplary and aggravated damages.
The court also ordered that Lavia and the attorney general pay Fergus EC$6,000 for future medical care, special damages of EC$1,178, and legal fees of EC$15,576.70.
Interest is to be levied at 4% as of July 14, 2022, when Fergus won the lawsuit he brought against Lavia and the government.
Jomo Thomas and Zita Barnwell of Jomo Thomas Chambers represented Fergus while Lahdail Hall and lawyers from the Attorney General’s chambers represented Lavia and the Attorney General.
In a ruling on July 14, 2022, High Court judge Justice Esco Henry, awarded Fergus special and general damages to be assessed, including exemplary and aggravated damages together with interests and prescribed costs.
In her 15-page judgment, Justice Henry found Lavia and the State liable to Fergus for assault and battery in connection with the injuries from the gunshot, and damages.
“I cannot understand what would drive a police officer to treat a resident of a country in the way Corporal Lavia behaved toward Mr. Fergus that morning. It was inhumane, merciless, aggressive, high-handed and totally underserved,” the judge said in the scathing judgement.
“The court cannot countenance such conduct in a democratic society where the rule of law pervades the administration of the justice system and the society. If ever there was a case that attracted exemplary, aggravated and substantial general damages or loss, damage and physical, emotional and mental injury, this one certainly does. I hold that Mr. Fergus is entitled to recover special, general, exemplary and aggravated damages from Corporal Lavia and the State.”
At the trial, Lavia acknowledged that he shot Fergus but asserted that far from being an unprovoked act on his part, Fergus had struck him with a bottle and he feared a repeat when he saw Fergus pick up another bottle and prepare to lob it at him.
However, the court rejected Lavia’s account.
After being shot, Fergus, who was 30 at the time, underwent surgery on March 3, 2019, to repair the broken bones in the left leg and extract bullet fragments.
He also had procedures done on Aug. 16 and 29, 2019 to remove bony fragments in his left leg.
As of Sept. 12, 2022, X-ray studies revealed healed fractures in his leg and ankle bones, with multiple retained ballistic fragments.
In a fourth and final report on Sept. 16, 2022, a doctor said Fergus walked with a limp since the March 3, 2019 surgery.
The fractures to his bone had healed but there remained multiple retained ballistic fragments but there was no evidence of acute fracture or osteomyelitis – a bone infection — at that time.
There was intense pain upon palpation of the inner region of the leg from the inner left
ankle to the inner left knee.
The range of movements of the left ankle was reduced by 50% and internal rotation was
reduced by 75%.
The integrity of the bones in the region has been compromised by the presence of
ballistic fragments and the fact that the bones have been fractured before
Further, the doctor concluded that Fergus would have to undergo a lifetime procedure to check for osteomyelitis.
Fergus’ case
Fergus’ case was that on March 3, 2019, around 3 a.m., he and three of his friends were travelling from Sandy Bay to Fancy in two separate vehicles.
Fergus was in the front car, which was driven by Zarock Bowens. Denzil Bowens and Garvin Simmons drove behind them.
When they got to Crossroad, Owia, Denzil Bowens began to toot his horn, signalling them to stop.
Denzil Bowens disembarked and told the others that he had left his phone in Sandy Bay.
He decided to return to the neighbouring community to collect the device while the other three waited for him in the area in Owia where they had stopped.
The men had stopped near Suzie’s ship and bar, where a fete and bingo was taking place.
Fergus and his witness, Zarock Bowens, recounted to the court that while they were standing, Lavia’s brother, Marsh “Paggie” Lavia, came down the steps, with Officer Lavia walking about an arm’s length behind.
As Paggie and Lavia went past, Paggie greeted Simmons and Fergus, who returned pleasantries.
Lavia then scolded his brother, saying, “You ah shout them dotish man dey”.
Fergus said to Lavia, “If me dotish, you dotish too”.
Lavia approached Fergus and said, “Why you say de? Wha?” and Fegus repeated the earlier statement, telling Lavia, “Way we do yo? Way me f***ing do you?”
Lavia was about five feet away and getting closer, even while his brother, Paggie tried to restrain him, asking him to control himself.
The officer grabbed a beer bottle from Paggie’s hand and threw it at Fergus, who ducked so that the bottle missed him.
Fergus again asked Lavia, “Way we do yo? Way me f***ing do you?”
By this time, Lavia had reached Fergus and chucked him and Fergus repeated the question and started removing the bag he had over his shoulder.
He said he was upset and gauging himself in case the officer hit him.
He passed the bag to Bowen and immediately, Lavia pulled his service firearm from his waist and shot Fergus.
The bullet struck Fergus in his leg and he fell to the ground.
The police officer ran from the scene.
Bowens came to Fergus’ assistance and tied his t-shirt around the gunshot wound, put him in the vehicle and took him to the Owia clinic.
He could not be treated there and was taken to the Georgetown Hospital and was later transferred to the Milton Cato Memorial Hospital, where he was warded for eight days.
Fergus denied provoking, threatening or fighting Lavia, his brother Paggie or anyone else or behaving in a way which justified being shot by Lavia.
He said he was shocked and alarmed at the officer’s response and wondered if he was drunk.
Fergus was arrested and charged in July 2019 with the offence of wounding Lavia and was tried at the Georgetown Magistrate’s court, where he was convicted.
The conviction was overturned on appeal and the case was remitted to be tried by another magistrate.
The hearing has not taken place.
Bowens and Fergus’ accounts to the court were similar and they maintained their narrative under intense cross-examination.
When you think you are above the law this is what happens. Your ego was way too big to be representing the force. I wonder if he is still employed.
These are the kind of officers that give the RSVGPF a bad reputation. He does not deserve to be the force, carry a firearm off duty, left much to be desired.
Can you imagine a judge bringing Fergus guilty? Can you imagine the state supporting this cop? I can. There are three convicted criminals in the police force that’s why other cops feels empowered to commit crimes too.
Let’s now sit and wait to see when this court ruling will be carried out. Vaccine mandate ruling still ain’t happen. Rulings against Bigger Bigs and even against Cornelius John done carry out. Proceedings against a certain radio personality still in litigation. These Judges must be making a lot of money boy?
The scariest part of this report is the following:
“Fergus was arrested and charged in July 2019 with the offence of wounding Lavia and was tried at the Georgetown Magistrate’s court, where he was convicted.”
There has to be a settled culture of dishonesty and treachery in law enforcement for such a thing to have been conjured up. To make matters worse, beyond the invention had to have been supported at higher levels of authority to mask the reckless action of a jackass who clearly has no place in law enforcement. Law enforcement is not a place to corral idiots so that they could collect a living wage but clearly, there is an exception in this environment.
Justice served!!!
i really hope MR ULRIC HANSEN get the same payout for being shot in the leg by an officer when he was not armed HAVING THE LEG AMPUTATED GOD DONT SLEEP
Should have been made to compensate Fergus at least 1/4 million dollars. Fergus is basically disabled. Hope the pm in his wisdom will see it fit to give Mr Fergus enough money to help him as he tries to forge ahead as a disabled person in Vincy, who was wrongfully injured by a police officer.
what I find interesting is that the police was off duty and started a private altercation. This was not something that arose in the line of duty. Why should he resort to using the property of the state to avenge himself. Do officers carrying firearms receive instructions on the use of the firearms.
I hope is not working for the state still Mr Williams