(Trinidad Express) For the second time in just over one month and the third time in two years, a Claxton Bay man has been awarded compensation by the court for wrongful arrest and malicious prosecution.
The total amount awarded to him by the court after he succeeded in all three claims amounts to just about $1 million.
Now the man, Mark Hagley, says he is no longer afraid of being framed by police officers and would take the necessary action if he is again arrested and prosecuted for offences he did not commit.
His latest victory took place at the Hall of Justice in Port of Spain yesterday when a High Court Master ordered that the State pay to him $200,000 in damages. Hagley had filed a malicious prosecution lawsuit against the Office of the Attorney General after he was arrested in February 2010, while liming at “Uncle’s Bar” in Claxton Bay.
According to this claim, on the day in question, he was at the location with two friends when a police jeep drove by, stopped, turned around and proceeded towards the business place. Two officers came out of the vehicle and approached him.
He said, having been framed by police before in 2006, he told the officers he had nothing in his possession and that he was willing to remove his clothing to prove so.
However, one of the officers grabbed on to him and shouted, “shut yuh mouth yuh under arrest”. He was searched but nothing illegal was found. In spite of this, he was handcuffed and placed in the back of the jeep before being taken to the St Margaret’s Police Station and placed in a cell.
Hagley said he was not informed by the officers why he was arrested. It was only later in the day he realised he had been charged for being in possession of cocaine.
Three days later he was taken to the San Fernando Magistrates’ Court where he pleaded not guilty to the offence. Even though he was granted bail in the sum of $50,000, he was remanded into prison custody for 42 days, having been unable to access the bail.
In March 2014, after close to 20 court appearances, the charge was dismissed due to the non-appearance of the charging officer and no explanation being offered by the prosecution for his absence.
In his lawsuit against the State, no defence was filed by the Office of the Attorney General and therefore, the court delivered a default judgment in favour of Hagley.
It was just at the end of May this year, that Justice Eleanor Donaldson-Honeywell ordered that the State pay the sum of $270,000 to Hagley after he filed action against the State claiming that he was beaten by police and falsely charged for drug trafficking in 2013.
In 2017, Hagley received $425,000 for malicious prosecution after being falsely charged with 11 criminal offences including kidnapping, rape and robbery in 2006.
This means, in total he has been ordered to receive $895,000. In addition to that, the courts had also ordered that he be paid interest as well as his legal cost.
Hagley was represented by attorneys Abdel and Shabaana Mohammed.
