By Prior Beharry
THE parents of two tear-gassed young children want to know the police officer who authorised the use of the weapon at the Queen’s Park Savannah last Sunday.
The request was contained in a letter sent to Acting Police Commissioner McDonald Jacob on Thursday by attorney Dinesh Rambally on behalf of Javed Daniel, his wife Judine Bonaparte and their children – five-year-old Idris Daniel and four-year-old Zakariyya Daniel.
The letter stated that all four family members were affected by the tear gas which was dispersed on the Push Back Movement during a march against mandatory vaccination around the savannah on Sunday.
Rambally said that the Daniels were participating in a peaceful “pray and reflect” event.
He said he acted in the matter with other attorneys – Prakash Ramadhar, Kiel Taklalsingh, Stefan Ramkissoon and Rhea Khan.
Rambally said, “Like all citizens of Trinidad and Tobago, our clients enjoy the constitutional rights of freedom of assembly, freedom of expression and freedom of movement.”
He said his clients were in the vicinity of TGIF around 1 pm when without “prior notice, rhyme or reason,” the police started to fire tear gas canisters near to them.
Rambally said, “My clients tried to flee the area as fast and as best as they could, however, the tear gas surrounded them within a matter of seconds and they were all exposed and forced to inhale the said gas. The surrounding area was overwhelmed with tear gas.”
The attorney said the exposure to tear gas traumatised his clients.
Rambally said, “They experienced severe difficulty in breathing; Idris and Zakariyya began screaming in pain and fear.
“Our clients instruct that they immediately felt nauseous while at the same time experiencing a strong burning sensation in their lungs and eyes.
“The children described that they felt as if they were choking and at the same time wanting to throw-up.
“As my clients began making their way out of the surrounding gas, several persons, presumably recognising the severity of their situation, rushed to their aid and began administering water to our clients’ eyes and faces in an attempt to soothe the effects of the said gas.”
He said both children had expressed a fear of going in public after the incident.
Rambally said that Idris who previously imagined himself as a police officer no longer wanted to be one.
He said Idris told his father, “Police are bad guys because they make smoke burn your eyes.”
Rambally said the parents were now seeking counselling for the children.
He said that according to the law, the justification of the use of tear gas rests on the shoulders of who authorised it.
Rambally said, “In other words, the burden of proving and justifying the necessity for the use of tear gas by the police on the day in question rests upon the shoulders of the police and the specific officer who took the decision to authorise the use of tear gas.”
He said the use of tear gas constitutes a tortious assault and battery upon the Daniels.
They, therefore, intend to write the Attorney General in the matter.
Rambally said, “The use of tear gas on our clients, in the manner aforementioned, constitutes prima facie tortious assault and battery upon our clients. The continued threat of tear gas being used by the police in the context of my clients’ presence at the Queen’s Park Savannah while they were merely engaging in reverent prayer and reflection, raises a myriad of constitutional concerns for which our client intends to take advice and write to the Attorney General in due course.”
The attorneys are therefore requesting four items from Jacob:
- A copy of any written policy regulating the use of tear gas by the Trinidad and Tobago Police Service;
- Reasons for the use of teargas on the 16th of January, 2022 in the vicinity of the Queen’s Park Savannah;
- Any contemporaneous note and/or record cataloguing the use of and justification for deploying tear gas on the said date; and
- The identity of the officer who decided to authorise the use of tear gas on the 16th of January, 2022;
The letter stated that Jacob has 28 days to respond or a civil claim for trespass
to person and/or tortious assault and battery will be filed against him.
