Judge to CoP: 'Discipline malicious police'

A HIGH Court judge has called on Commissioner of Police Gary Griffith to discipline police officers who maliciously prosecute citizens.

Justice Frank Seepersad, presiding in San Fernando High Court, found that police wrongly charged a Point Fortin man for possession of ammunition, causing him to spend 812 days in jail. The judge ordered damages to be assessed by a Master of the High Court.

Based on previous assessments in malicious prosecution cases for time wrongly spent in jail, the damages awarded against the State for Sherwin Thompson, 46, could exceed $500,000.

Police went to Thompson’s home on July 25, 2011. His common-law wife and friends were home. They searched for arms and ammunition but did not find any.

When PC Shiva Hosein was leaving, he returned under the house and announced he had found ammunition. Thompson, a plumber by trade, was charged.

Magistrate Margaret Alert dismissed the charge on December 13, 2013, commenting that the charge could have been a wicked response to Thompson’s refusal to provide police with information about a wanted man.

Former social welfare officer of the prison, attorney Carl Mattis, and former Commissioner of Police attorney James Philbert sued the State for malicious prosecution. The State defended it, contending that a bag with a shotgun and ammunition were found under Thompson’s house.

In a judgment yesterday, Seepersad commented that when malicious-prosecution claims are successful, it is the public purse that foots the bill, using money that could otherwise be used to buy medicine and improve infrastructure.

The judge said, “Errant police officers must be made to account. It cannot be business as usual. The abuse of authority erodes public trust and confidence and given the heightened level of crime, an all-hands deck approach is required.”

Seepersad added,“The Commissioner of Police is therefore urged to ensure that disciplinary measures are implemented against complainants who have been found to have acted maliciously in the discharge of their mandate.”