Triple murder accused loses assault lawsuit

TRIPLE murder accused Azmon Alexander has lost his claim for assault and battery against the State for an alleged beating at the Arima Magistrates’ Court in 2014.

His claim was dismissed on March 28 by Justice Ricky Rahim.

Alexander is facing 64 charges arising out of the kidnapping of a Brasso Seco family in October 2014.

Irma Rampersad, 49, her daughters Janelle and Felicia, Janelle’s baby Shania Amoroso and their 52-year-old next-door neighbour Felix Martinez went missing on October 26, 2014.

Martinez’s body was found in a forested area near their home on November 8, 2014.

Three days later, Rampersad and her granddaughter’s decomposing bodies were found stuffed in a duffel bag a short distance away from where Martinez was found. The sisters were later rescued by the police.

After eluding police by disguising himself as a woman, Alexander was arrested.

On November 27, 2014, he was charged with the three murders.

He alleged while at the magistrates court on December 15, 2014, he was cuffed in the nose by a police officer -PC Marvin Theodore - who then allegedly put him in a cell with 14 other prisoners who beat and stabbed him several times.

He claimed his injuries included a broken nose, a chipped tooth and stab wounds to his back.

At the trial, Alexander said that morning he was taken to the court from the St Ann’s Mental Hospital where he had been admitted for evaluation. He also admitted the officer, whom he knew from the village, came to his assistance.

Theodore, who was assigned to the court, testified for the State. He said he was familiar with Alexander. Around 12.45 pm, he said he was doing paperwork when he heard a commotion in the cell area. He and other officers went to see what was taking place when he saw Alexander in a corner of one of the male cells. Alexander was taken out and put in an open area outside the cell. He told Theodore prisoners beat him.

Theodore denied putting Alexander in the cell or striking him. He also testified that sometime later, Alexander told him, “Mr Marvin, I sorry boy I call your name because is your name I know.”

The officer admitted there were no special measures in place for prisoners brought from St Ann’s. He also admitted he did not take a statement from Alexander nor was he aware of any investigation into the incident.

In his ruling, Rahim said, “The court does not and cannot accept that the inaction of the

state is to be laid at the foot of Theodore.

“It is his evidence that he was not assigned to investigate. It follows that whatever enquiries he made would have been in relation to the issue of an immediate threat to the security of the area in which he and his team operated.

“...When the evidence is scrutinised, the court is of the view that the version of events set out by the claimant is highly implausible.”

Rahim said it was not likely that Theodore, in the presence of his colleagues, would have “taken the chance” to act in the way Alexander alleged.

“It is reasonable to conclude that such an event will not be tolerated by the other officers. To that end, to find otherwise would be to find that all of the officers assigned to duty on that day and present were in some way complicit and therefore dishonest.

“This court does not find that to be the case.”

He also said it was not likely Alexander was first put in a cell for female prisoners before he was put in the cell with the other 14 male prisoners.

“The court finds the claimant to be untruthful and so his credibility has in the court’s view been destroyed to the extent that the court does not also believe that he was placed in the cell by Theodore to the awaiting mob of prisoners after being assaulted by Theodore.

“It is more likely than not that upon return from court, there was a fracas as a consequence of something that either happened there and then or as a consequence of the prisoners finding out about the (murder) allegation after his court appearance.

“In that regard, the attempt to blame the police appears to be a means to an end.”

Alexander was ordered to pay the State’s costs of $14,000.

At the time of his arrest, Alexander was the country's most wanted suspect.

He was represented by Sterling John, Aaron Seaton, and Fareed Ali. The Office of the Attorney General was represented by Maria Belmar-Williams and Svetlana Dass.