Carenage mechanic loses lawsuit against the State

A Carenage mechanic who sued the State for trespass of a car owned by the mother of his child has been ordered to pay its costs for defending his failed lawsuit.

Nigel Marcial claimed police forced him to hand over the Mazda 323 car on April 25, 2022. He claimed he was holding the car as a lien until its owner, Ameena Muhammad, paid the balance of her bill for repairs he had done on it.

Marcial admitted he and Muhammad were in a relationship, but said she owed him $16,400 on the $20,000 repair bill. He alleged he told her he was exercising a “common-law lien” on the car until she paid her debt, and the State was vicariously liable for the acts of the police, who, he said, forced him to hand over the keys and battery.

Marcial said the police threatened to charge him for larceny of the car.

His lawsuit maintained the police did not have the lawful authority to take possession of the car. He also maintained he had lost his security for the balance of the money Muhammad owed him, so was entitled to compensation.

Marcial also claimed aggravated damages for the embarrassment and humiliation he felt when the police took the car.

On Tuesday, Marcial testified at a brief virtual trial. Testifying for the State was Cpl Simeon Ryan, who investigated Muhammad’s report that after their relationship ended, Marcial had the car and she wanted help to retrieve it.

In his evidence, Ryan said, “We didn't just go there to take the car…It is not for the police to decide who could keep the vehicle.

“I went and had interaction with the claimant. I didn't take the vehicle. He handed over the keys and battery.”

In dismissing Marcial’s lawsuit, Justice Frank Seepersad said there was no evidence to support the claim of trespass by the police. He also said there was no evidence Marcial told the police he had a legal entitlement to the car.

The judge also said it was odd no legal action was filed against Muhammad for recovery of the debt he claimed she owed.

“The claimant has failed to discharge the evidential burden to prove his case…The court is not satisfied that the conduct of the police amounted to interference to establish the tortious action of trespass,” Seepersad ruled, and ordered Marcial to pay the State’s costs.

In submissions, attorneys for the State, Victoria Armorer, Chelvi Ramkissoon, and Rachel Wright argued that Marcial was trying to get back from the State what Muhammad owed him.

Marcial was represented by attorney Lemuel Murphy.