A High Court judge has ordered three police officers and the Office of the Attorney General to pay compensation to a prison officer after he was wrongfully arrested and jailed in May 2020.
Justice Esco L. Henry ordered that the police officers and the Office of the Attorney General pay Kenson King, general, aggravated and exemplary damages with interest at the statutory rate, to be assessed on the application to be filed and served on or before July 6.
Further, the judge ordered that the defendants pay King prescribed costs pursuant to law, based on the sum stipulated by the court at the assessment stage as the value of the claim.
The High Court heard that King was arrested on the instructions of a Superintendent of Police and head of the Criminal Investigations Department (CID) on May 22, 2020.
But in his lawsuit claiming that the officers wrongfully arrested and imprisoned him, the prison officer further said that he was wrongfully detained for about 32 hours and released without being charged with a criminal offence. He sued the state and the three police officers for general, aggravated and exemplary damages and costs.
The police officers acknowledged arresting King for the offence of inciting violence and threats in relation to a Facebook post he had made and maintained that the arrest and detention were lawful and they denied liability.
In her ruling in favor of the prison officer, Justice Henry considered three issues, namely, whether King was arrested unlawfully, whether he was unlawfully detained, and to what remedy, if any, he was entitled.
King testified that he had been informed by the police that he was being placed under arrest “for making a Facebook post that is liable to cause fear and alarm in the public”.
King was placed under arrest and taken to the Major Crimes Unit at the Central Police Station in Kingstown. He spent the night on a chair.
He said he was visited by his lawyer the following day and that the police had also asked if he was willing to give a statement. King declined to do so.
The Court heard that his attorney revisited him that day making certain inquiries of the police and that he was released in the evening without being charged with an offence.
He said that to be required to sit for about 32 hours, except when showering, was oppressive and that it was also difficult to sleep in that position.
He told the court that the conditions were deplorable and complained about the stench of urine emanating from the cell located about three feet from where he was required to sit.
King said it was an assault on his dignity and integrity and was degrading. He also felt embarrassed and distressed.
