State to pay $.23m to partner of man shot by police

A HIGH Court judge has awarded $230,000 in compensation to the partner of a Gonzales landscaper and mechanic who was shot by police in 2014.

In a written decision, Justice Devindra Rampersad made the award to Afisha Williams, whose partner Tiba Thomas was shot by police on August 11, 2014, as he was returning home with food for his family at Blackette Lane. He was hit in the right thigh and hand,

Although he found the evidence of both Williams, as administrator of Thomas’s estate, and that of the police to be in a “very unhappy state,” Rampersad said the court preferred the former’s version of the events.

“There is no doubt that the deceased was shot by police,” he said.

However, the judge had to determine whether Thomas was wrongfully arrested, forcefully imprisoned, assaulted and battered.

“The (accounts of the) circumstances under which the deceased was shot are widely divergent,” the judge said, adding that since it was an undisputed fact that the police shot Thomas, “the burden shifted to them to justify their actions.”

At the trial, the police officers called to testify for the State claimed self-defence. They said they were shot at by an unknown gunman and Thomas was shot accidentally.

Williams said she saw a policeman at the gate to their home approaching Thomas with his gun drawn. She said Thomas started walking backwards slowly and raised his hands in the air, but was shot. Four more gunshot were fired at Thomas before he began running away down a hill.

The police caught up with him and he was taken to hospital. When he was discharged the next day, he was taken to the Belmont police station, where he was questioned and released on August 14.

Rampersad said, “There is no doubt that police officers put themselves on the line when they perform their duty and any allegation of a threat to their life, safety and security must be carefully and seriously considered.

“However, they are permitted by law to be armed and to respond with reasonable force if fired upon.

"That responsibility comes with the onerous burden of justifying their dangerous action in response.”

As he assessed the evidence, Rampersad said the police should have tendered in evidence the forensics report on the shooting incident and the photographs taken, but did not.

“Obviously, if the deceased was shot around the entrance gates to the house at Blackette Lane, there may have been at least two spent ammunition shells present there. Identifying where all of the shells dispatched on the day were found, together with the photographs, would have been of great assistance.

“Further, the report may have identified if any shells from the alleged shooter were found and where they were.

"That too would have established greater credibility to the officers’ story,” the judge said.

He also said he found the police claim that they did not ask Thomas about the shooter at the time, but instead took him for treatment, and that no all-points bulletin was issued and nothing else was done to pursue or apprehend the alleged shooter, “seemed rather unnatural.”

“One would have expected a question about the identity of a person who was brazen enough to fire shots at police officers in uniform to be asked at the very least. He would obviously pose a threat to the public.”

Rampersad also found it “rather incredible” that none of the police witnesses could say if any shells were found at the scene.

“That ignorance seemed contrived to this court as a matter of convenience,” the judge added.

In awarding Williams $230,000 in damages, the judge also ordered the State to pay her legal bills, amounting to $45,397.24.

She was represented by attorneys Lemuel Murphy and Alexia Romero.

In assessing the quantum of damages to be awarded, he said the court considered that the shooting took place at 3 pm; and Thomas had been taken to the hospital, where he remained handcuffed and under police guard until he was discharged and taken to the police station, although he was not considered a suspect.

Thomas died on August 8, 2017, of gunshot wounds which were not related to the 2014 incident.

The State was represented by attorneys Stefan Jaikaran and Savitri Maharaj.