Former inmate to be compensated

A FORMER inmate who sued the TT Prison Service for receiving ten strokes (lashes) more than was ordered by a judge who sentenced him to prison seven years ago, has been awarded compensation from the High Court.

Andrew Nancis, of Pembrook Doctor Road, Tobago, claimed it was unconstitutional and illegal that he received ten additional strokes at the hands of the prison authorities while incarcerated at Carrera Island Prison. Justice Peter Jamadar, who heard the motion yesterday in the First Civil Court of the San Fernando High Court, described the incident as “deeply disturbing.” Jamadar said it was the second time such an incident came to his attention and he hoped an inquiry would be launched by the Commissioner of Prisons. Nancis was represented by attorney Sunil Gopaul Gosine.

According to the motion, the prisoner was convicted and sentenced in the Tobago Assizes on February 15, 1996, by Justice Stanley John on charges of robbery with aggravation and wounding with intent. Nancis, a concrete-pot maker, was sentenced to ten years imprisonment with hard labour on each count — the sentences to run concurrently — and was ordered to receive ten strokes. Seven months into the sentence, Nancis was taken out of his cell and administered 20 strokes, although he protested that the flogging was in excess of what the court imposed.  Nancis was jointly charged with Don Cox, who had filed a similar action after receiving ten extra strokes. In October, Jamadar awarded Cox $20,000 compensation for the extra flogging.

According to the motion, the administering of the excessive flogging “amounted to cruel and unusual treatment” and  Nancis claimed that after long periods of sitting, which is necessary in his line of work, he experiences discomfort and pain as a result of  the strokes. The amount of compensation awarded to Nancis will be determined by a master of the High Court on a date to be fixed by the Registrar.