Senior cop loses lawsuit over arrest by Arima municipal police

A SENIOR police officer who was charged with malicious damage and other traffic-related offences by Arima municipal police has lost his malicious prosecution lawsuit against the borough corporation and the State.

In June 2020, acting Snr Supt Julien Johnson, then assigned to the Inter-Agency Task Force (IATF), faced four charges stemming from an incident earlier that year. It was reported that on January 20, 2020, while at the Windsor Building on Hollis Avenue, Arima, he reversed into another vehicle. At the time, Johnson was driving a Nissan Frontier pickup rented to the IATF.

Municipal police officers arrived at the scene and asked Johnson for his driver’s permit and certificate of insurance, but he refused and became combative. He was arrested and taken to the Arima Municipal Police Station.

In his ruling on May 21, Justice Frank Seepersad said the municipal police had the legal authority under the Municipal Corporations Act, the Police Service Act, and the Motor Vehicles and Road Traffic Act (MVRTA) to arrest Johnson.

“The court is of the view that the municipal police officers were within their remit to make enquiries of the claimant relevant to the report they received from the other driver, and having regard to their own observations,” Seepersad said.

He also stated that they “did the right thing” by intervening since the situation could have escalated.

In his testimony on May 19, Johnson said he was attending to personal business when his vehicle made contact with the car. Video footage of the incident was shown during the trial.

Johnson insisted the municipal police had no jurisdiction to investigate road traffic accidents and did not have the same powers of arrest as members of the Trinidad and Tobago Police Service (TTPS).

“I had an issue with the other driver and none with the borough police,” he said.

Johnson said he gave the other driver his certificate of insurance, which later turned out to be expired, and gave the municipal police his permit.

He said he identified himself as a senior superintendent to the officers when confronted, but denied “pulling rank.”

“I wanted these junior officers to know they were not operating under the law.”

Johnson insisted his arrest was unlawful, denying that he resisted or obstructed the officers. He also denied being abusive.

When confronted by State attorneys about allegedly telling the officers, “I’m not dealing with allyuh because allyuh is municipal police,” Johnson responded, “When I said that, I meant they had no jurisdiction to investigate road traffic accidents.” He also denied telling the municipal officers he would only speak with TTPS officers.

“I told them I was going to the Arima Police Station since they had no jurisdiction.”

Johnson also said he was arrested before being informed of his rights. “I was assaulted and battered. My arrest was unlawful as far as I am concerned.”

Seepersad said the municipal police asked Johnson for his documents, which he did not initially provide, and that he appeared incensed by their questioning. The judge also determined that the location where Johnson’s vehicle was parked was an access way under the MVRTA and not a private parking lot.

He noted an apparent divide between TTPS officers, municipal police, and special reserve officers, with TTPS members operating under the “misguided notion” that they had greater authority.

“In the discharge of their obligation, there is no bigger person in the dance. They do not have greater authority,” Seepersad said.

In Johnson’s case, he found the senior officer mistakenly believed he had more authority than the municipal police and “felt his time was being wasted.”

“All the officers used reasonable, proportionate, and necessary actions to arrest him for failure to produce his permit and resisting arrest. The pulling of his rank is strongly condemned,” the judge ruled.

“The authority vested in police officers – whether regular, special reserve, or municipal – must be exercised blindly, without regard to the position any citizen may hold. Your position does not provide immunity from a criminal charge unless you have immunity in law.”

The judge concluded that Johnson had no such immunity.

“His conduct was unacceptable and regrettable. He should have exercised control and respect for the system and his fellow officers,” Seepersad said, dismissing Johnson’s claims for assault, battery, malicious prosecution, and unlawful detention.

“The municipal police officers had the authority to detain him.”

Johnson was ordered to pay $14,000 each in costs to the Arima Borough Corporation and the State.

In addition to the malicious damage charge, Johnson was charged with failing to produce a driver’s permit, certificate of insurance, and resisting arrest. These charges were filed by the Professional Standards Bureau based on advice from the Director of Public Prosecutions but were later dismissed in the magistrates’ court.

Attorney Peter Carter represented Johnson, Raisa Caesar represented the Arima Borough Corporation, and Tricia Ramlogan represented the Attorney General.