T&T judge rules in favour of compensation for battered inmates

(Trinidad Express) The State has been ordered to pay more than TT$10 million in compensation to persons who, between September 16, 2005 and May 31, 2012, took legal action against the State after being assaulted and battered by police or prisons officers.

The revelation was made yesterday by Justice Judith Jones who, in a 49-page judgement, said the frequency of such cases has been increasing in recent years.

Jones said statistics provided by the Court reveal that a total of 427 cases of assault and battery were filed in the High Court during the period September 16, 2005 and May 31, 2012.

Of that number, 302 matters, or 71 per cent, involved allegations against persons employed by the State.

A total of 157 cases have been determined with compensation being ordered in 120.

“These figures do not include claims which were brought under the Constitution nor do they include cases brought in the Magistrates’ Court or wrongful death claims,” Jones said.

In her judgment yesterday, Jones held the State liable in a lawsuit filed on behalf of prisoners Clint Wilson, Gabriel Joseph and Antonio Sobers whose cases were heard collectively along with 54 other prisoners.

The men, represented by attorneys Gerald Ramdeen, Kent Samlal and V Debideen, were all inmates at the north wing of the remand prison at Golden Grove, Arouca on November 11, 2006. They claimed they were the victims of an unprovoked attack by armed and masked prison and police officers who carried out an operation at the prison that night. The court heard the men were beaten with batons, cuffed and kicked and shot with rubber bullets.

According to evidence led by the State, there was a history of subversive and disorderly behaviour by a group of inmates incarcerated at the north wing of the prison, which began in May 2006 and continued with intermittent flares of insurrection up until November 11, 2006.

As a result of the activities of the inmates, then commissioner of prisons John Rougier sought the assistance of the Minister of National Security who approved a course of action which would allow security personnel to conduct an exercise to restore order.

The court was told that some of the prisoners complied with the instructions issued by the law enforcement officials but the majority did not. Instead, they began using obscene and offensive language, hurling missiles at the officers and breaking lights which caused the officers to engage in anti-riot measures.

Medical records confirming injury were provided for Sobers and Joseph. None was provided for Wilson whose claim was dismissed. Jones held that over 50 inmates suffered injury of one type or another on that date.

She said she was satisfied that the attack on Sobers and Joseph were unjustified and unreasonable and that the men were entitled to compensation for assault and battery.

Jones appealed to the authorities to take a closer look at the conditions endured by prisoners and prisons officers and called for a revision of the prison rules which were established in 1838 and last amended in 1961.