The High Court has ordered that the attorney general and three police officers pay prison officer Kenson King EC$34,200 over his wrongful arrest and imprisonment on May 22, 2020.
The police officers, detectives Sergeant Biorn Duncan and Corporals Dwight James And Alex Primus had arrested King on the instructions of Superintendent of Police and head of the Criminal Investigations Department (CID), Clauston Francis.
King, represented by Zita Barnwell of Jomo Thomas Chambers, filed a lawsuit saying that the officers wrongfully arrested and imprisoned him.
Joezel Allen with the Attorney-General’s Chambers counsel appeared for the defendants.
In her Oct. 29 decision, High Court master Cybelle Cenac-Dantes ordered that King receive general damages of EC$16,500; exemplary and aggravated damages of EC$12,000; prescribed costs of EC$5,700 and interests of 5% from May 4, 2023 — the date of judgment .
King was arrested at the prisons and taken off his job as a prison officer and detained at the Central Police Station for approximately 32 hours, without the provision of appropriate sleeping facilities, and, in what the court found to be unsanitary conditions.
Justice Henry found that both the arrest and detention caused a level of embarrassment and negative effects to King’s reputation.
The judge found that the embarrassment and negative effects were exacerbated by the unreasonableness of the detention — ostensibly to download a Facebook post, which had been brought to Francis’ attention two to three days earlier.
Justice Henry found that the arrest and detention was not justified in all the circumstances surrounding the case and that the conduct of the officers was unnecessary, irregular, oppressive and invalid.
She found that his right to liberty was disregarded and his treatment during detention was unpleasant and humiliating.
Among the aggravating features of the case are that King was arrested on his job, where he is responsible for the oversight of prisoners.
Further, he was placed in a part of the station where anyone entering CID would have had a clear view of him.
The area in which he sat was subjected to the foul smell of urine, making it difficult for him to take full breaths, and he was not provided with suitable facilities to sleep, having to remain in the chair for the duration of his detention.
The court further held that King was subject to this treatment ostensibly for the period it was alleged, by the defendants, it took them to download the Facebook post which they had already had access to, two or three days before, as found by the court.
“There were clearly less than honourable intentions associated with the detention of the claimant,” Cenac-Dantes said.
The master said that while the facts of the case contained in Henry’s judgment do not evince malice on the part of the defendants, the court did note an element of oppression in their actions.
King had sought EC$60,000 for general damages for the wrongful arrest, EC$15,000 for aggravated damages and EC$45,000 for exemplary damages, a total of EC$120,000.
Good luck Kenson I know they won’t pay you. Sometimes I wonder how courts award monies in judgement. I remember someone sued someone because they said that someone took people monet and carried their family overseas and they got a quarter if a million dollars
Another blow to the ULP/Gonsalves despotism. Even though the so called independent courts only gave half of what the plaintiff deserved.
When is the best time to make All payments of these small monies?.I think after election Mr 🔊 speaker.there are too much important thing doing to be paying out pennies on this wrongfully I didn’t rest properly projects.
When is the best time to pay out this wrongfully I didn’t rest properly money?.Mr speaker that wrongfully i didn’t rest properly project starts after election only then monies will be paid for that specific project as for now all payments will be pending.follow the app look at the bottom of your computer and bank account 🙄 it will day still pending until elections are done.thankyou.
You ever notice if or when someone get charge then is convicted in court for that offense and they have to pay money for that particular offense the court order them which is the convicted person a time to pay the money or they will spend a certain time in prison.now it’s the opposite.question how much time the account general of a country have to pay someone in these cases of wrongfully didnt rest properly cases?.🤔 Is it one year ,10 years or lifetime to make this sort of payments.someone who knows law make me know.some one reach out to jomo and ask for me please.thanks
It is written, Vengeance is Mine says the Lord, I will repay.