Judge renews call for police to pay for malicious prosecution

A High Court judge is again calling for police officers to be held personally liable and pay victims of their malicious prosecution from their own pockets.

Justice Frank Seepersad made the call at the end of a brief trial on December 2, when he awarded $80,000 to Jovon Paquera who was a soldier when he faced charges of obstruction, assaulting a police officer and resisting arrest arising out of an incident in 2012.

Paquera testified at the trial and brought former army Sgt Kevin Williams, who took responsibility for a scuffle with the officer, to testify on his behalf.

In deciding the case, Seepersad accepted Paquera’s version of the evidence.

He was critical of Cpl Ian Sylvan – the State’s only witness – who, he said, was argumentative in his testimony.

“It is evident that Mr Sylvan was incensed that Mr Williams had escaped and his thumb was injured, and he decided that the claimant had to pay the price.”

He said there was also obvious collusion between the officer who charged Paquera and Sylvan, leading to the former being charged for offences he did not commit.

“The course adopted demonstrates how ego and illusions of unbridled power often affect the manner in which the police conduct enquiries. It is also evident that there was an interplay between the police and the defence force and the application of the adage that two bo rat can't live in the same hole… and the ‘I is ah police' mantra obviously clouded good judgement and the claimant had to pay for Williams' action, as the officers were not prepared to actually engaging in policing and pursue Williams.”

Seepersad added, “It is always amazing how the police use the holy trifecta of obscene language, resisting arrest and obstructing the police whenever they wish to make a point."

He said such behaviour amounted to an abuse of authority and the court found Sylvan was completely dishonest "and is quite alarmed that an officer with such a propensity for dishonesty is actually now a member of the Special Branch.

“This circumstance reinforces the perception that the TTPS is in crisis and urgent review and reorganisation is required.”

Seepersad bemoaned, “Yet again, taxpayers have to pay for the actions of errant officers and it seems, notwithstanding the numerous calls issued by this and other courts, that the legislature is quite content with the status quo as there it has made no attempt to hold police officers to account and for them to pay for their missteps from their pockets.”

According to the evidence, Paquera was with other Defence Force personnel watching sporting events at the Brian Lara Sports Grounds in Santa Cruz on August 19, 2012, when he intervened in a dispute between a soldier and someone trying to get into his car.

He asked Sylvan why the suspected car thief was released and the policeman asked, “You know who I am?”

Paquera decided to leave when he felt someone brush past him and grab his colleague's pants. He was pushed out of the way while the other two struggled.

Williams’ pants had been ripped and he managed to evade the officer.

Paquera said Sylvan ordered another officer to arrest Paquera, telling him, "I can't get your pardner, so I will lock you up instead.”

The charges against him were eventually thrown out in the magistrates’ court six years later.