Taxi driver sues over alleged police beating

A BICHE taxi driver has sued the Attorney General and a police constable claiming that he was beaten, wrongfully arrested and charged by police after he went to a police station to report an armed robbery. Mukesh Sirju, of Cunapo Main Road, is suing for damages claiming malicious prosecution, assault and battery and false imprisonment by the police. The Attorney General was sued pursuant to the provisions of the State Liability and Proceedings Act, in his capacity as the legal representative of the State and as the employer of police officers in the Trinidad and Tobago Police Service.

In a writ filed in the Sub-registry, San Fernando, by his attorney Sunil Gopaul-Gosine, Sirju stated that on August 14, 2003, he entered the Rio Claro Fire Station after he was robbed and attacked by a bandit armed with a firearm. The Rio Claro police were contacted and police constable Shivan Ramlakhan and another officer turned up to escort him to the Rio Claro Police Station. Sirju claimed that while the police officers were taking him to the police station, he saw the bandit that attacked and robbed him at gunpoint and he pointed out the suspect to the police officers. However, Sirju claimed, the policemen instead proceeded to the police station. After being made to sit and waiting for over 15 minutes, Sirju said he inquired of PC Ramlakhan why steps were not being taken to investigate his report. The taxi driver claimed that the policeman told Sirju that there was no one with a gun in his car as he reported.

Sirju stated that when he protested, the policeman dealt him a blow on his head. The taxi driver said he was placed in a cell and denied his requests to contact his relatives. The next day, Sirju was slapped with  charges of resisting arrest and behaving in a disorderly manner and appeared in court on the charges. On February 10, 2004, Sirju was discharged of the offences by Senior Magistrate Omar Jokhan. Sirju is claiming damages for malicious prosecution of the charges as laid against him, and damages for assault and battery by PC Ramlakhan, acting as a servant and/ or agent of the State of Trinidad and Tobago. He is also claiming false imprisonment between the period of August 14 to 15, 2003, when he was in custody at the Rio Claro Police Station.