State to compensate mother, boys

A Barrackpore mother and her two sons have been awarded $280,000 in compensation after she and the children, who were eight and ten, were arrested in 2013 for not wearing seatbelts.

Master Sherlanne Pierre made the order in the Port of Spain High Court in an assessment of damages for the three. Anita Surujbally was awarded $135,000 in general damages and $25,000 in exemplary damages while each of the boys is to receive $30,000 in general damages and $30,000 in exemplary damages.

The family was represented by attorney Gerald Ramdeen. The State was also ordered to pay the family’s legal costs.

Surujbally was stopped by police on January 26, 2013, while driving at Kanhai Road Junction, Barrackpore, and asked for her driver’s permit and insurance. PC Ali also asked why she was not wearing her seatbelt.

She said in her claim she told Ali she had had surgery and had three cuts to her belly. She claimed the officer then cursed her and slammed against the police vehicle while her children were crying and begging the officer to leave their mother alone.

All three were taken in the police vehicle to the Barrackpore police station, where she was handcuffed to the outside of a cell – she could not be placed in the cell because there were only men in there – and her boys were made to sit with her, still crying.

Surujbally said she asked to call her husband to pick up the boys and to contact her lawyer, but was refused. She also complained of being in a lot of pain. Three hours later, her husband arrived and the boys were released. Surujbally was eventually charged with resisting arrest and using obscene language.

She was then taken to the San Fernando police station and began feeling sick because her blood sugar was low. She was given a mint and after being photographed, she was taken to the Gasparillo police station and put in a cell. At about 1 am, she accessed bail at the police station and was released.

She said she believed Ali arrested her from spite and had no reason to detain her young boys. The charges against her were eventually dismissed at the Princes Town magistrates’ court.

Her sons, who also gave witness statements in the lawsuit, said they were frightened and the men in the cell looked scary. They also said it smelled bad and they were happy when their father came, but have never been the same. They said they cling to their mother, who they fear will be taken away by police.