State liable for prisoner’s death

THE State yesterday conceded that it was liable for the death of a prisoner because police kept a bottle of gramoxone in close proximity to the room in which the man was handcuffed. The man’s relatives sued the State, alleging that he was forced to drink the deadly weed killer. Selwyn Andrews, 24, of La Romaine, died at the San Fernando General Hospital, and Justice Charmaine Pemberton presiding in the San Fernando High Court, the presence of a deadly weed killer within the reach of the prisoner, while in his cell at San Fernando CID office. The incident yesterday ordered that damages be assessed to compensate his relatives. It was described as a landmark case in which the Police Service was held to be culpable for a prisoner’s death because of occurred on August 10, 1994.

Andrews mother, Pearl, and the deceased’s children — Kevon, Kenyon, and Kurnisha — filed a lawsuit against the State (Attorney General) for personal trespass. The lawsuit stated that Andrews, a vendor of Ethel Street, La Romaine, was arrested by two police officers and detained at the CID office on August 5, 1994. He was handcuffed to a steel bolt while in the Statement Room of the office about six feet away from a filing cabinet. In that cabinet, the lawsuit stated, there was a bottle of gramoxone. The lawsuit alleged that Andrews was forced to drink the gramoxone. He was then warded at hospital for five days before he died.

After his death, there was an inquest in the San Fernando Magistrates’ Court, but coroner’s ruling in the inquest has not yet been handed down. In reply to the lawsuit, the State denied that Andrews used his feet to remove a bottle of gramoxone from the filing cabinet. However, when the case was called before Justice Pemberton in the Third Civil Court yesterday, acting Solicitor General Terrence Thorne, instructed by Roger Moore, told the judge that the State had conceded liability for negligence. The deceased’s  relatives were represented by attorneys Prakash Ramadhar, instructed by Sunil Gopaul-Gosine and Brian Dabideen.

The particulars of negligence alleged that Andrews was wrongfully made and/or permitted to drink a toxic substance during his period of arrest by the Police Service. It also alleged that the police were reckless in having a toxic substance at the police station accessible to the deceased.  It also contended that Andrews was forced to drink the toxic substance without regard to his safety. After the State conceded, the judge ordered that judgment be entered for Andrews, and that damages be assessed by a judge in Chambers in July. The State was ordered to pay costs. Speaking to Newsday yesterday, Pearl said she was happy about the outcome of the case, while Andrews’ widow, Debra Reid, who sat with her three children, declined to comment.