As his lawyer was absent from court on Monday for the commencement of trial, High Court Judge Navindra Singh threw out the $80.5 million civil suit brought by Colwyn Harding who back in 2013 had alleged that police officers had raped him by inserting a baton into his rectum.
The judge dismissed the case for want of prosecution.
As a consequence, Harding who was seeking to recover monetary compensation from the state for alleged breach of his fundamental rights, has now incurred $200,000 in court costs which he has to pay to the Attorney General (AG) (the Respondent).
A press release from the AG’s Chambers on what occurred on Monday morning said that Harding’s lawyer, Ronald Daniels, was not present for the commencement of the trial at 9:15 for which Justice Singh allowed an extra 10-minute wait.
According to the release, counsel appearing on behalf of the AG then indicated to the court that “an” attorney for Harding said that he would not be able to attend court until about 9:30 or 9:45.
Attorney General Anil Nandlall’s release goes on to detail that in in light of the call indicating Harding’s attorney’s apparent delay in getting to the hearing, counsel for the state then asked the judge to dismiss Harding’s suit and that court costs be imposed against him.
No further details were given about the dismissal-request beyond what was disclosed by the AG’s release.
Harding had complained of being assaulted by Police Constables Roselle Tilbury-Douglas and Devin Singh on November 15th, 2013 when the latter allegedly inserted a baton into his anus.
Harding was at the time a detainee at the Timehri Police stations pending investigation into allegations of robbery.
Following the alleged assault, Harding had undergone extensive corrective surgery for the injuries he sustained.
On March 29, 2016 Tilbury-Douglas and Singh were cleared of the charges at the Providence Magistrate’s Court.
Nandlall’s release said that the State had denied the claims advanced by Harding—specifically arguing that the medical evidence “did not support Mr. Harding’s contention of a foreign object being inserted into his anatomy, and that any surgical procedures undertaken were as a result of a medical condition which Mr. Harding had developed.”
In his action, Harding was seeking damages in excess of $80,000,000 million dollars for breach of his fundamental right to protection from torture and or inhuman and degrading treatment as guaranteed by Article 141 of the Constitution.
He also was seeking damages in excess of $100,000 for assault and battery; damages in excess of $100,000 for breach of his right to protection from inhuman treatment; damages in excess of $100,000 for breach of his right to protection against arbitrary search of his person as guaranteed by Article 143 of the Constitution; damages in excess of $100,000 for breach of his right to protection against torture and other inhuman and degrading treatment or punishment as provided by Article 154A of the Constitution and the Convention against Torture and Other Inhuman or Degrading Treatment or Punishment; and damages in excess of $100,000 for breach of his right to personal liberty as guaranteed in Article 139 of the Constitution.
Harding was also hoping to be granted exemplary damages and had asked the defendants to pay the costs of his legal fees for bringing the actions.
The two police officers were jointly charged with assaulting Harding between November 1st and Novem-ber 13th, 2013, at the Timehri Police Station. Singh had an additional assault charge laid against him.
Harding had accused the police of raping him with a baton during his arrest, and had testified to being repeatedly beaten while in custody “for being disrespectful.”
The severity of Harding’s injuries, which resulted in him being hospitalised for an intestinal hernia and undergoing multiple surgeries, had sparked a public outcry, which led to a formal investigation and the laying of charges against Singh and Tilbury-Douglas.
Singh, Harding had said, collected an 18-inch long baton from the rank. “He started lashing me with the baton on my hands and feet and then in my head and I get black out,” Harding said. He said when he regained consciousness he was on the ground in the bathroom and Singh was pouring a bucket of water on him.
Harding said he was then forced to remove his underwear.
According to him, Singh then took out his cellular phone and handed it to the other officer and told him, “Watch what we does do to bad boys. Video this.”
