Driver ordered to pay State

A driver who was charged with serious indecency of touching a three-year-old girl on her vagina, and who sued for malicious prosecution has instead been ordered to pay the State for losing his claim.

The man was hired to take the girl to pre-school.

In her ruling, Justice Avason Quinlan-Williams said the police had enough information to charge the man.

According to the lawsuit that was heard in the San Fernando High Court, on the morning of May 26, 2006 the child’s mother reported to San Fernando police that the toddler said her vagina was hurting and that the driver touched her.

The man was charged on June 15, 2006, and after 35 court hearings in the San Fernando Magistrates’ Court, the criminal charge of serious indecency was dismissed on July 16, 2012, for want of prosecution.

In his lawsuit, he claimed the policewoman did not do a proper investigation and had she done so, she would have realised the mother’s allegation was vengeful and in retaliation of him because he asked for outstanding transport fees she owed to him.

Quinlan-Williams dismissed the man’s arguments.