State to compensate Wallerfield woman for wrongful arrest, malicious prosecution

THE STATE has been ordered to compensate a Wallerfield woman who was wrongly arrested, detained and maliciously prosecuted by police in 2017.

Justice Christopher Sieuchand, on September 5, awarded damages to Shakira Bachan, who was 15 at the time of her arrest in 2017. In July, the judge had found that Bachan’s arrest was unlawful, finding no evidence that dangerous drugs were discovered at the Claxton Bay tattoo shop where she and her cousins were held on August 9, 2017.

The court found that police officers failed to produce station diary entries, exhibit sheets, or forensic submissions to substantiate claims that narcotics were recovered.

Under cross-examination, one of the officers admitted he could not identify where the alleged drugs were found. Sieuchand noted inconsistencies in the officer’s testimony, including contradictions in station diary records that described one of the suspects as both a wanted person and a prisoner.

“The arrest and subsequent detention of the claimant were unjustified, and she is entitled to damages for false imprisonment.” The judge also held that the state was unable to show that the police had reasonable cause to charge Bachan with possession of marijuana.

“The charge itself was unjustified and unreasonable.” He also inferred malice on the part of the police.

Bachan, now 23, of Demerara Heights, said police stormed the shop, some masked and armed, and threatened her and her two female cousins. Officers allegedly cursed, pointed guns, and threatened to burn the shop. She recalled being ordered to search for hidden weapons, but nothing was found. Bachan and her cousins were arrested, detained in an unclean cell at Couva police station for 27 hours, and later charged with marijuana possession. The case was dismissed in February 2021 after the officer who charged her failed to appear in court.

On September 5, Sieuchand awarded Bachan $80,000 in damages for false imprisonment and malicious prosecution, $15,000 in exemplary damages, and $20,000 in interest and costs.

Bachan was represented by attorney Amit Mahabir.