Jamaica’s Supreme Court Friday awarded nearly J$18 a million (one Jamaican dollar=US$0.008 cents) in damages to Roshaine Clarke a taxi operator who had been unlawfully detained for seven months under the state of emergency (SOE) that was declared for the western parish in January 2018
In his lawsuit, Clarke claimed that his right to liberty, to be informed at the time of his detention of the reason for his arrest, and to be brought before a court as soon as is reasonably practicable had been breached.
In addition, he had asked the court to declare that the extensions of the SOE in the parish were not justified for the respective periods ending May 2, 2018, August 2, 2018, November 1, 2018, and January 31, 2019.
The full court comprising Justices Chester Stamp, Anne-Marie Nembhard and Tara Carr also upheld the argument by Clarke that the conditions under which the extensions were obtained were unconstitutional, and the circumstances that may have warranted the SOE when it was declared on January 18, 2018, did not exist after the first extension.
Additionally, the court had to consider and determine whether any of Mr. Clarke’s constitutional rights had been infringed or violated, and if so, whether he’s entitled to redress,” according to the ruling read out by Justice Stamp.
“In disposing of the case, the court held and declared the Emergency Powers Regulations Sections 22 and 32…in respect to the fundamental rights of freedom of movement, Regulations 30, 33 and 38, in respect to the fundamental right to freedom and liberty, breached the Charter of Fundamental Rights and Freedoms of the Constitution.”
Roshaine Clarke was awarded a total of J$17,862,000, inclusive of compensatory, vindicatory, and aggravated damages.
The Supreme Court acknowledged that the case “raises issues of paramount national importance in an area where the fundamental rights and freedoms of individuals in Jamaica traverse the measures adopted by the State to protect the society in general.”
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