State to pay $.3M for wrongful arrest

TWO men who were wrongfully arrested and charged for firearm and marijuana possession in 2010 will receive a little over $.3 million in compensation from the State.

Making the order for compensation was High Court judge, Justice Margaret Mohammed who ruled that Richard Caesar and Osa Chima’s arrest and prosecution were actuated by malice by the police.

In her ruling, Mohammed found that there was an absence of evidence by the police to charge the two.

Although she ruled that the men’s claims for wrongful arrest, detention and assault were statute barred, she did find that the State did not have reasonable and probable cause for charging them.

She also said there was no basis for the police to obtain any search warrant, even so the execution of it was improper and the manner in which the search was conducted gave the police officers ample opportunity to plant the firearm, ammunition and the marijuana at Caesar’s house at Basse Terre, Moruga.

Caesar alleged in his lawsuit that the police did not properly investigate whatever information they had before arresting him and planted the evidence against him.

They both said the police had no search warrant.

Caesar alleged that the motive for the police planting the items in his house was because he reported one of their colleagues, PC Dawin Ghouralal.

Both men testified that they lived in fear of being sent to jail for a crime they did not commit the entire time the charges were pending.

“They were humiliated and traumatised. The event has scarred them and they no longer have respect or trust in the police,” the judge said in her ruling.

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