Maxi driver awarded $25,000

Maxi-taxi driver Bernard Baptiste was awarded $25,000 in general damages at 12 percent interest from December 22, 1999, and $200 special damages at six percent interest from the same date as a result of malicious prosecution. The State was also ordered to pay Baptiste’s legal costs in the matter. Baptiste, of Cocorite, was represented by attorney Rajmanlal Joseph.

The award was given by Justice Humphrey Stollmeyer after hearing evidence in the matter. He adjudged that the defendant, PC Primchand Seepersad, had arrested Baptiste on December 21, 1999, at the St James Police Station, but no reason was given for the arrest at that stage. In addition, Justice Stollmeyer stated that Seepersad “did not have the requisite honest belief in the guilt of the plaintiff (Baptiste). The plaintiff has established the lack of reasonable and probable cause for his prosecution. And the plaintiff has satisfied the requirements of malicious prosecution.”

The facts of the case were that on December 20, 1999,  Elizabeth Fontanelle, a friend of Baptiste, reported to the Carenage police that Baptiste had assaulted her at Macqueripe Road, Chaguaramas. He then allegedly fired a shot. The police investigated the report, arrested Baptiste, searched his maxi-taxi and house for guns and ammunition, but found none. However, he was slapped with four charges which included assault, firing a gun within 40 yards of the road and possession of a firearm and ammunition without a licence. Magistrate Sonia Aleong found insufficient evidence to put Baptiste on trial and discharged him on all the arms and ammunition charges except firing a gun near the road, but that charge was later dismissed.