Judge: Cops arrested man over grudge

THE State will have to pay a man $200,000 for being wrongfully arrested by police six years ago for obscene language and resisting arrest.

Justice Margaret Mohammed made the award in a 44-page judgement delivered yesterday in favour of the man, a barbecue vendor of Gasparillo. He requested anonymity out of fear that he could become a target. He was arrested on February 9, 2013, but 16 months later, a magistrate found him not guilty.

The vendor said that he had been detained in a cell for five days.

In a malicious prosecution lawsuit argued by attorney Kevin Ratiram, the vendor said when he was charged, he could not secure bail and was taken to the Golden Grove prison. In her judgement, Mohammed said that PC Dailey failed to prove that he had reasonable cause to arrest the vendor. At the time, he was inside of a bar in Gasparillo, attending a birthday party with friends.

Mohammed said that the inconsistencies in Dailey's evidence showed that he was not a truthful witness. PC Khallie's evidence was inconsistent with Dailey's. Cpl Ifill, she said, did not attend the trial to give evidence and that was an indication that he had something to hide. Mohammed said, "I found that the claimant was threatened by Cpl Ifill in November 2012; Cpl Ifill held a grudge against the claimant and PC Dailey acted in collusion to arrest and charge the claimant."

Mohammed went on to say that she concluded that Dailey gave fabricated and false testimony in the magistrates' court against the vendor.

She awarded him $140,000 in general damages with interest at the rate of 2.5 per cent from the date of service of the lawsuit on the State. She further ordered $20,000 in exemplary damages plus $33,000 as legal cost. Attorney Maria Belmar-Williams instructed by Laura Persad, argued the case for the State.