Judge: Cop must pay

A police officer has been ordered to personally compensate a Cumuto man whom he put in a choke hold and hit on the forehead with a beer bottle in 2013.

PC Keston Hanooman was ordered to pay Miguel Benoit $7,500 for Benoit’s injuries. The order was made by Justice Devindra Rampersad, who said the sum was for Hanooman alone to pay, and not the State.

Hanooman and his colleagues PCs Imran Cassar and Justin Durity, as well as the Attorney General, were also ordered to pay Benoit a total of $187,550 in general damages for unlawful arrest and detention for 73 days, and special and exemplary damages. The four defendants were also ordered to pay Benoit’s legal costs of $46,196.34. Interest is to be applied for general damages for unlawful arrest and detention at a rate of three per cent from April 15, 2015, when Benoit filed his lawsuit, and at three per cent from April 29, 2013, for special damages.

The judge also ordered the Registrar of the Supreme Court to send copies of his ruling to the Commissioner of Police and the Police Complaints Authority for further investigation of the police officers involved.

For years judges have advocated for the payment of damages for matters involving unlawful arrest, malicious prosecution and beatings by law enforcement officers to be paid by the officers themselves. Rampersad pointed to a few of those cases, in which calls were made for police and prison officers to be held personally liable. “It seems the deterrence factor of the awards has not been working in a significant number of cases,” Rampersad said.

He also had some harsh words for Hanooman, who went on vacation without giving a witness statement. Eventually the other two officers gave witness statements but those were not allowed, as they were filed outside the stipulated time. The judge did not entertain applications for relief of sanctions.

Rampersad said Hanooman had “seemingly avoided any consequence,” and did not co-operate with the attorneys for the State, “despite the fact that he was a main protagonist in the matter in light of the altercation on April 28, 2013.”

He also pointed out there was only evidence he and the other two were “given a talking-to.” “In the meantime, it falls on the taxpayer to carry the burden of this vindictiveness.”

In contemplating the award of damages, the judge said it was something the court had to balance.

“The question is, how do we get the balance right? How does a court avoid overcompensating a litigant for the actions of the State’s officers, while still sending a strong message to the State that such behaviour cannot and ought not to be tolerated?” he asked.

Rampersad said police were expected to conduct themselves with a high degree of integrity.

“When one of them uses the system, accompanied by others around him, to maliciously, and with mala fides, oppress a citizen and cause him embarrassment and humiliation and distress and inconvenience, with the seemingly justified perception that he would not be called to answer for the consequences, then the court must step in to award exemplary damages.

A few days after Benoit was hit in the face with the beer bottle, on May 3, 2013, he and his two sons were at a parlour when the three officers arrested him on an alleged outstanding warrant.

His sons were dropped off by his sister and he was taken to two police stations. He and his family were also threatened by the policemen that if Hanooman “loss he wok,” Benoit and his family would be in trouble.

Hanooman eventually charged him with escaping lawful custody, throwing missiles, using obscene language and possession of a weapon. These charges were dropped on November 23, 2015, after Hanooman, who charged him, failed to appear in court.

Benoit was represented by attorneys Shannon Samaroo-Suraj and Ivan Damian Daniel. State counsel Andrew Lamont, Rachael Jacob and Avaria Niles represented the defendants.