Former murder accused to get $70,000 for prison beating

FORMER murder accused Akilli Charles, who was freed in May by the Chief Magistrate, has been awarded $70,000 after being beaten by a police officer at the Port of Spain magistrates’ court in 2013.

Making the award on Tuesday was Justice Ricky Rahim, who presided over Charles’ trial in June. Rahim ordered the State to pay Charles $50,000 in general damages and $20,000 in exemplary damages, in an oral decision given at the Hall of Justice in Port of Spain.

Charles was part of a larger group who rioted in 2017 after being told their cases would have to restart because of the short-lived judicial appointment of former chief magistrate Marcia Ayers-Caesar.

He filed an action in the High Court, which ruled that Ayers-Caesar’s cases had to restart. His restarted and in May, Chief Magistrate Maria Busby Earle-Caddle upheld his attorney’s no-case submission and discharged him.

In his claim for compensation for his beating, Charles said Cpl Ian Lopez beat him on April 3, 2013, while hwas in the holding cells of the court.

He said his nose was broken and he was beaten with a wooden baton, which broke, and again with an extended baton.

Charles testified at the trial of his claim. He said he and some 13 other remanded prisoners were in the cell when they started making a fuss at about 4 pm. This was after they were told their remand warrants were not ready and they would have to wait to be taken back to prison.

He admitted the prisoners were frustrated and agitated, and at one point began throwing rubbish out of the cell while they complained loudly to the police.

Charles denied making violent threats to the police, but admitted he was angry because of the long wait after he left court earlier that morning, at about 10.30 am.

The alleged beating took place at about 6.45 pm that day, but Charles denied he refused to be taken out of the cell to be put in the prison van.

He also denied spitting on Lopez or pushing, cuffing or kicking him.

Charles was eventually charged with assaulting Lopez and was found guilty in his absence, as it was claimed he refused to attend the hearing, instead preferring to only go to court on the murder charge.

Lopez, who also testified, insisted he was acting in self-defence, saying the prisoners, who included Charles and his former co-accused Israel Lara and Levi Joseph, were making threats. He said after the 12 other prisoners were put in the van, the three remained and refused to come out of the cell, as they had been kept waiting all day.

Lopez said when he went for Charles, he pulled away and spat in his face and there was a struggle. He claimed Charles kicked and cuffed him. Lopez also suffered a mildly swollen index finger and a bruised neck.

That day there were three incidents involving the prisoners at 4.50 pm, 6.15 pm and 6.25 pm, when the three allegedly refused to leave the cell,
and at 6.45 pm, when the alleged beating took place, and he was questioned about inconsistencies in the entries and his witness statement.

He said there were omissions.

He added that he and Cpl Franklyn Regis were forced to use extended batons on the three prisoners, but denied hitting Charles with a baton in the face. Lopez also denied “punishing” Charles because of his behaviour and for spitting in his face, or using a wooden baton to strike him, breaking his nose.

Also testifying was Regis, who said a “struggle ensued” between Charles and Lopez which involved “pushing, punching and kicking.” He said Charles's nose could have been broken when he and Lopez both fell to the ground.

Regis said he tried to assist his colleague but the other two prisoners confronted him. He insisted Lopez was only defending himself.

Charles was represented by attorney Joseph Sookoo.