Beaten woman awarded $25,000 damages
In awarding a woman $25,000 in damages yesterday, 12 years after being beaten by a policeman, Justice Joseph Tam said “it was a blatant abuse of power by the police officer”, and such actions must be condemned in the most strongest terms.
Sueling Sailing, 39, of St Francois Valley Road, Belmont, had filed a constitutional motion against PC Anslem Lambert, claiming a breach of her fundamental rights. Lambert was subsequently charged with assaulting Sailing. He was found guilty and on October 4, 2002, and was sentenced to two years imprisonment. Although the State had conceded the matter, it refused of give Sailing the $70, 000 she was asking for in damages. Instead they offered her $20,000 so the assessment of damages was left to Justice Tam. Justice Tam noted that had Sailing pursued her writ action which she had commenced against Lambert in 1992, her action for damages would have been larger. The judge went on to commend the acts of the other police officers and agents of the law who investigated and preferred charges against Lambert. Sailing refused to comment on the matter and hid her face from the cameras as she left court yesterday.
Sailing’s matter was heard in the Port-of-Spain Fourth Civil Court and she was represented by Joan Charles and Ryan Cameron. The facts of the matter were that on April 4, 1991, Sailing was at a KFC outlet on Independence Square, Port-of-Spain about 11 pm, when PC Lambert came up to her and asked her to go on a date with him. When she refused, Lambert attacked her, he pulled her off a chain and slammed her head against a wall repeatedly. He then accused her of having cocaine. Lambert then arrested Sailing and took her to the police station where a search revealed she had no drugs. She was later released and further investigation into the matter led to the arrest and charge against Lambert.
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"Beaten woman awarded $25,000 damages"