Compensation for Tobago farmer shot in thigh

A 32-year-old farmer of Black Rock, Tobago, is to be compensated by a security guard, a security company and the Public Transport Service Corporation (PTSC) after he was beaten and shot in the thigh in 2012.

Master Martha Alexander made an award to farmer Kareem des Vignes for $264 000, plus interest at 2.5 per cent from April 8, 2016 to July 23.

She also ordered the three defendants - Benjamin Farrell, Commercial Protective Services (CPS) and the PTSC – to pay des Vignes’ legal costs in the sum of $49,694.05.

Des Vignes was represented by attorney Debra Moore-Miggins while Gitanjali Gopeesingh and Elena Araujo appeared for the PTSC. Neither Farrell nor CPS put in an appearance at the assessment hearing.

Des Vignes filed his claim for assault and battery on March 4, 2016, and on June 17, 2016, Justice Frank Seepersad found the defendants liable for the injuries sustained. He also held that Farrell’s behaviour was unjustifiable. Seepersad declared that des Vignes was lawfully at the PTSC compound on June 22, 2012, where he was attacked by Farrell, who was the agent of CPS and the PTSC.

The security firm was hired by the PTSC to provide security for the compound.

According to Alexander’s decision, the incident started at the PTSC bus depot at Sangster Hill, Scarborough, and spilled over and played out, in public on Milford Road.

According to des Vignes, he boarded a bus to Black Rock and shortly after Farrell came and ordered that he get out. He accused him of using obscene language on a previous occasion and said a report had been made to the police.

Des Vignes denied knowing about it and before exiting the bus, he asked for a refund of his fare. Both Farrell and the bus driver denied knowledge of a right to repayment and immediately after he left the bus, after another PTSC staff member hit him. The claim said the fracas involved Farrell, another security officer and two PTSC workers, who all grabbed and punched des Vignes.

During the melee, he became fearful and swung a punch at Farrell, struggled with the others until he freed himself and escaped on foot. They chased him to the E-Teck mall and onto Milford Road.

His lawsuit said Farrell pointed a gun at him and he managed to run a mile from the bus depot where he asked a vendor to use his phone to call for help.

By this time, Farrell arrived in white Hilux pickup and again pointed a gun at his, telling him, “Yuh playing crazy, ah go show yuh how crazy I is.” Farrell then shot des Vignes in the upper right thigh.

Des Vignes was taken to the Scarborough police station where he was detained for half-an-hour and then he was taken to the Scarborough Hospital and transferred to the Port of Spain General Hospital, where he spent seven days under police guard.

On June 30, 2012, des Vignes was released into police custody and taken back to the Scarborough police station where he was put in a cell for three days and charged for obscene language and resisting arrest.

The charges against him were eventually dismissed on February 4, 2014, because Farrell failed to go to court.

In her assessment, Alexander said she considered the nature and the extent of des Vignes’ injuries and his continuing disabilities. She said the factures to his thigh were severe and understandably so given that he was shot at close range.

She condemned the conduct of Farrell and said such behaviour was “high-handed, inexcusable and arbitrary” and his “egregious behaviour” must not only be condemned but also deterred.

Her award was for $200,000 in general damages for assault and battery, with interest; special damages in the sum of $14,000 and exemplary damages in the form of $50,000.

Alexander said Farrell “unleashed what essentially was a vicious attack” on des Vignes both at the PTSC compound and again in Milford Road.