‘The factual matrix in this case registered with the Court a sense of worry and alarm as it highlighted seemingly disturbing and unacceptable behaviour by members of the police service’- Justice Frank Seepersad
By Sue-Ann Wayow
BUSINESSMAN Inshan Ishmael is set to receive $310,000 in compensation from the State as a result of wrongful arrest, false imprisonment and malicious prosecution case that occurred five years ago.
In a ruling on Tuesday, High Court Judge Justice Frank Seepersad Seepersad ordered $80,000 in damages for wrongful arrest and false imprisonment and $120,000 for malicious prosecution.
Additionally, he also ordered that $40,000 be paid in exemplary damages in order to help deter police officers from engaging in similar conduct.
The State was also ordered to compensate Ishmael for the $65,000 in legal fees he incurred in defending three criminal charges before they were dismissed.
The compensation is to be paid on a prescribed costs basis.
And because Ishmael did not provide any medical evidence to substantiate his claims that he was injured when arrested by a police officer, Seepersad stated that he was only entitled to $5,000 in nominal damages.
Ishmael’s claim for $185,000 in damages for his alleged loss of earnings and business opportunities after his arrest was also dismissed as Seepersad said his evidence was “speculative and unconvincing.”
Ishmael was represented by attorneys Arden Williams, Shelly-Ann Daniel and Mariah Puckerin at the undefended trial. Maria Belmar-Williams represented the State.
Background
On April 2, 2017, Ishamel, who is the chief executive officer of the Islamic Broadcast Network (IBN) had attended a sports and family day at the ASJA compound, Caroni Savannah Road, Charlieville.
However, while he was leaving, someone at the event blocked his vehicle with his pick-up truck.
Ishamel claimed the man used abusive and threatening language toward him before he was allowed to leave.
A report to the Chaguanas Police Station over the incident by Ishamel and the man also made a report several days later, in which he alleged that Ishmael, a firearm user’s license (FUL) holder, had threatened him with a gun.
Six months later, while organising a peaceful protest over a decision by the Trinidad and Tobago Police Service (TTPS) to block the entrance to Barakah Grounds in Endeavour, Chaguanas, where he operates his restaurant, he was arrested by a senior police officer.
Ishmael claimed the officer used abusive and obscene language towards him and he was accused of tarnishing the reputation of the TTPS.
He was detained in a cell at the police station overnight which the court described as “dehumanising conditions” before being released after search warrants were executed at his home the following day.
Ishmael was eventually charged with possession of a firearm to endanger life, possession of ammunition to endanger life and assaulting the man and granted bail. Charges were dismissed after Magistrate Rajendra Rambachan upheld a no-case submission following numerous court appearances.
A person’s security needs to be jealously guarded
In his assessment of the compensation, Seepersad stated, “The factual matrix in this case registered with the Court a sense of worry and alarm as it highlighted seemingly disturbing and unacceptable behaviour by members of the police service. The behaviour which this case highlighted signals that immediate and drastic changes are required as the unearthed abuse of authority undermines the foundational tenets of a functional democracy.”
The judge said, “It also emphasises that crisis can unfold if the Police Service is not sanitised and reformed so that officers are held to account when they abuse their authority. The rule of law depends heavily upon the impartiality, professionalism and efficacy of a police service whose primary objective is to protect, serve and pursue the interest of justice.”
He added, “The right of freedom of movement and the right to security of the person must be jealously guarded. The Claimant’s unjustified arrest, his subsequent false imprisonment and the common assault which was inflicted upon him on the 12 October 2017 cannot be condoned.”
