4 cops to stand trial for assaulting Naidike

WHILE a summary charge of assault against Nigerian doctor Robert Naidike is pending in the Port-of-Spain Magistrates’ Court, four police officers have been committed to stand trial on two indictable charges of causing grievous bodily harm to the doctor, and kidnapping his daughter, Faith. The officers, one of them a woman, were committed to stand trial by Chief Magistrate Sherman Mc Nicolls on September 2 2002. The officers, all attached to the Immigration Department, are accused of committing the offences on November 28 1995 in Port-of-Spain. Jawara Mobota prosecuted the private complaint which was filed by Dr Naidike. The police officers were represented by Gilbert Petersen SC, and State attorney Andrew Stroude, now a magistrate.

Arising out of the same incident, Dr Naidike was charged with assaulting one of the policemen. That matter has been pending since 1995 as the indictable cases were pursued. Dr Naidike also cross-charged five police officers. The summary cases will be called again on November 30 before Magistrate Sharon Gibson. Naidike, who came as an intern at the San Fernando General Hospital in 1991, was served with a deportation order by the Chief Immigration Officer in 1995. When he did not comply with the request to leave the country, Naidike was arrested and thrown in the Port-of-Spain State Prison. He spent time in the Port-of-Spain General Hospital nursing his injuries. He was released from hospital on December 12 1995, and taken before the Port-of-Spain Magistrates’ Court and charged with assaulting a police officer.

He was then kept in prison before he was released on February 5 1996, following an order of High Court Judge Margot Warner. Naidike challenged the deportation order by way of judicial review proceedings. He also filed a constitutional motion seeking damages for his arrest and detention in 1995. On April 1, 1999, Justice Wendell Kangaloo rejected Naidike’s work permit claim, but ruled in his favour on the issue of wrongful deprivation of liberty. The Court of Appeal comprising Chief Justice Sat Sharma and Justices Rolston Nelson and Anthony Lucky unanimously dismissed Naidike’s appeal against the rejection of the work permit claim. Sharma and Lucky held that Naidike’s detention was lawful throughout. Nelson dissented. On October 12 the Privy Council ruled that Naidike’s arrest and detention was unlawful and that he be paid damages.