State ordered to compensate business owners for assault, wrongful arrest

THE State has been ordered to compensate two business people and their employee for their wrongful arrest, false imprisonment and assault following their detention at the St Joseph Police Station in October 2017.

Hannah Ruth Bovell, Akeem Seetahal and Stephen George will each receive $70,000 in damages and an additional $15,000 in exemplary damages, plus legal costs.

Justice Jacqueline Wilson made the order on January 14.

The three were detained by officers from the Northern Division Task Force on the night of October 25, 2017, after an incident involving a contractual dispute with a man to whom Bovell and Seetahal had leased a Hyundai Tucson. The man also allegedly transferred ownership of the leased vehicle to his name without paying for it in full.

The three alleged their detention was orchestrated by the man who was reportedly related to a police officer present at the station that night.

Their lawsuit said their interaction with the man escalated when they confronted him about the vehicle on the Eastern Main Road, St Augustine.

While Bovell was interacting with the man, a police vehicle pulled up and an officer pointed a gun at her, demanding the keys to the Tuscon.

She said she handed over the keys but refused to go with the officers to the Tunapuna police station, preferring to go to the St Joseph station.

The three voluntarily accompanied the officers to the station.

At the station, Bovell saw an officer who was related to the man she had confronted, speak to the senior officer, an inspector. The inspector was allegedly heard directing officers to “put them in the cell.”

Bovell was confronted about harassing the officer’s relative, though she maintained she was simply asking for her money.

She and her employees were subsequently detained without being informed of the reasons for their arrest or charged with any offences.

In their lawsuit, the three argued their detention was unlawful and described the conditions they endured as degrading and inhumane:

Bovell said she was subjected to humiliation and pain as she was menstruating and was placed in a cell with inadequate provisions. The detention caused her to suffer reputational damage and substantial financial losses, amounting to approximately $300,000, due to interrupted business operations.

Seetahal and George both described unsanitary and oppressive conditions in the cells, including foul smells, poor hygiene and inadequate access to baths.

“The claimants have lost faith in the police service,” their attorneys said.

In the case, the State agreed there was no station diary extract to show what happened at the St Joseph police station when the three got there and that they were kept in a cell for two days before they were released, although there was disagreement on the time.

The State claimed the officers were responding to a report of an assault by robbery.

It was alleged that the man, to whom the vehicle was leased, told officers he was stopped by the three who reached into the vehicle, took out the key, and demanded he get out.

The man claimed he was threatened. The State denied a gun was pointed at Bovell or that she was told to hand over the keys to the Tuscon.

The State also contended the detention was lawful, and officers acted appropriately during the investigation which revealed the contractual relationship between the parties.

However, the State’s defence noted that attempts by an investigator to contact the man proved futile as he could not be reached despite visits to his home and calls to his phone.

Representing the three were attorneys Arden Williams and Antoinette Lucas-Andrews. The State was represented by Avaria Niles, Maria Belmar-Williams and Akeenie Murray.