$500k for gardener over malicious prosecution

A Rio Claro gardener has been awarded more than half a million dollars in damages after the High Court found he was maliciously prosecuted for a drug charge that dragged on for 13 years.

Justice Margaret Mohammed delivered the ruling on July 11, awarding the man a total of $484,788, including general, special, and exemplary damages, plus interest and legal costs.

The man, who asked that his name not be published, was charged in 2004 with possession of marijuana for the purpose of trafficking, which carries a maximum penalty of 25 years in prison. The court found that the police had no reasonable cause to pursue the prosecution, and that officers had fabricated evidence to support the charge.

“The prosecution caused fellow villagers to view him with suspicion and contempt,” the judge said, noting the significant damage to his reputation and emotional well-being.

“In my opinion it was more probable that the prosecution of the claimant for the serious offence of possession of a dangerous drug for the purpose of trafficking would have had a significant impact on the claimant’s feelings in light of the consequences if he was found guilty,” Mohammed said.

She added, “I formed the view that the injury to the claimant’s reputation and to his feelings have been significant as the claimant was charged for a very serious offence.

“In my view the aggravating factor was that the prosecution of the claimant lasted for 13 years in circumstances where the police officers did not have reasonable cause to pursue it.”

In her ruling, Mohammed said the man gave unchallenged testimony that he endured sleepless nights, anxiety, and humiliation. He described himself as a hardworking gardener who was never involved in drugs, and that the experience left him mentally distressed.

Mohammed awarded $300,000 in general damages, which included an uplift for aggravated damages due to the length and seriousness of the charge. She also awarded $164,808 in special damages to cover legal fees, travel, food, and other expenses the claimant incurred while defending himself.

Although the claimant said he was held in custody for three days in 2004, the court found there was no evidence to support that claim and did not include it in the damages.

An additional $20,000 was granted in exemplary damages as punishment for the officers’ “oppressive” conduct. The judge said the officers used their authority to concoct a case, resulting in a lengthy and unjust legal battle.

“Having accepted the claimant’s version of events, I am of the opinion that an award for exemplary damages is appropriate since the officers as servants and/or agents of the state used their authority to concoct a case against the Claimant. The Claimant was charged as a result and the prosecution continued for 13 years.

“In my view, such action by the officers as agents of the state was oppressive.”

The state was also ordered to pay $69,980 in legal costs.

Interest on general damages was set at 2.5 per cent per annum from March 24, 2022, until the date of judgment, while special damages will accumulate interest at 1.5 per cent from March 12, 2004.

Attorneys Shawn Roopnarine and Stephen Boodram represented the gardener while

Keron Maynard and Ria Brereton represented the state.