Cop framed on gun charge to be compensated

A police constable who drove off to avoid two men with guns will receive over $.2 million for the ordeal.

Master Sherlanne Pierre made the compensation order as she assessed compensation in favour of Nanan Balgobin.

The men who pulled alongside him late one night in October 2003, shot at him, beat him in a lonely area in Santa Flora and beat him turned out to be police officers in plain clothes.

Balgobin was also slapped with a gun charge, which was later dismissed.

He was suspended for almost 15 years because of the gun charge, and missed out on promotion because of it.

In her assessment, Pierre ordered the State to compensate Balgobin with $234,000 plus interest for general, special, aggravated and exemplary damages. The State was also ordered to pay Balgobin’s costs of $28,436.87.

He was represented by attorneys Anand Ramlogan, SC, and Alana Rambaran. Attorneys Stefan Jaikaran and Savitri Maharaj represented the Attorney General.

In his claim, Balgobin said on October 10, 2003, he was off duty and while driving along Siparia Erin Road, he saw he was being chased by a black unmarked Toyota Yaris.

He pulled aside to let the car pass, but the driver instead pulled alongside him and got out. The two men in the other car were dressed in plain clothes and had guns.

Balgobin drove off and the other car followed. He pulled into a trace and heard gunshots from the other car. He then drove into Siparia Erin Road to head to the Santa Flora police station.

On the way, he saw a marked police vehicle and flagged it down. The two men in the Yaris pulled up and threw Balgobin on the ground, handcuffing him.

He said the men shouted, “Police, police,” and arrested him. He later recognised one of them as an officer he had worked with before with the Organised Crime and Narcotics Unit, as it was then at the time.

He said he pleaded his innocence, telling the officers, “I eh do nothing, wah allyuh arresting me for?”

He was ignored and said he was taken to a lonely area in Santa Flora, where he was beaten. Balgobin was then shown a gun and the officers told him he and his wife were going to get “lock up.”

His house was searched, though Balgobin said he was never shown a warrant nor was anything found at his house.

He was later put in a cell at the San Fernando police station and charged for possession of a firearm and ammunition.

In his lawsuit, he complained of the condition of the cell and of the humiliation he felt when the police ransacked his home. He also said his wife, who had given birth to their child eight months before, was also distressed.

He was eventually committed to stand trial after a preliminary inquiry, and a jury acquitted him of the gun and ammunition charge on November 16, 2017.

Balgobin then filed his civil claim against the State, which was not defended, resulting in his receiving judgment in default.

The matter was sent to the master for assessment of damages.

He also said he was suspended when the charge against him was instituted and was eventually reinstated as a constable on April 26, 2018.

Balgobin complained he missed out on promotion for the ranks of corporal and sergeant. He said the fake charges obstructed his promotional prospects and he had to endure the disappointment of seeing his juniors move up the ranks while he remained a constable.