Man awarded $130,000 for ‘cuttail’

IN AN HISTORICAL ruling against police brutality, a High Court judge yesterday ordered the State to pay a man $130,000 for injuries inflicted on him by three policemen. The State conceded on February 21, 2003, that three policemen beat 41-year-old Selwyn Anthony Murray to such an extent, that Murray sustained five fractures to his ribs and injuries to his lungs.

The beating was inflicted on April, 20, 2001, when the policemen arrested him at Ojoe Road, Sangre Grande, for alleged possession of marijuana. In a motion seeking damages for breach of his constitutional right to be treated fairly, Murray stated he was standing on Ojoe Road around 8.30 pm waiting with his friend for a taxi to go home, when a police jeep pulled up next to them. Murray who lived at Kowlesser Road, Biche Village, stated that four policemen jumped out of the jeep, walked up to him and asked, “Whey yuh have dey.” What transpired after, according to Murray’s motion filed in the San Fernando High Court, was that PC Ronald Ragoobar, “tripped me and threw me on the ground.” Murray alleged in his motion filed by attorney Anand Ramlogan, that PC Roger Bernard grabbed him by the throat whilst he was still on the ground and began choking him. “PC Ragoobar kept saying , Spit it out, spit it out,”’ the motion stated. Murray claimed that Ragoobar kicked him in the ribs while he was still being choked.

Another policeman, PC Kenneth Antoine, began stamping on his ankle, Murray further stated. Murray alleged that the kicking only stopped when another policeman shouted, “Dat is enough now, all yuh go kill the man or what!” Murray stated that he was coughing blood and was taken to the Sangre Grande police station and placed in a cell. In his motion, Murray stated that he spent the night in the cell during which he felt pain like a hammer knocking on his ribs. The following day he was taken to the district hospital, where a doctor ordered him to be taken to Port-of-Spain General Hospital. A medical report tendered as evidence, when hearing of the motion came up before Justice Nolan Bereaux on February 21, 2003, proclaimed that Murray suffered fractures to the third, fourth, fifth, sixth and seventh ribs. The report, signed by Dr S Boga Chenchu, stated Murray also suffered contusions to the right lung, which caused leakage of fluid. He also had mild bruises on the right leg and bruises and swelling of the chest. Justice Bereaux ordered judgment for Murray and damages to be assessed by a Master of the High Court.

Yesterday, Master Patricia Sobion, presiding in the San Fernando High Court, ordered the State to pay Murray $90,000 as general damages for his pain and suffering arising out of the injuries inflicted by the policemen. In what was regarded as an unprecedented award, the Master ordered the State to pay Murray exemplary damages in the sum of $40,000. Such damages are granted as a means of showing the court’s outrage at such action on the part of the policemen. Attorney Nadine Nabbie, instructed by Anushka Singh, represented the State. As he left the court after the order was made, Murray said, “How could I ever forget what they did to me. They, and not the State, would pay for this.” He then heaped praises on his attorney Anand Ramlogan saying, “I can’t thank my attorney enough for everything. He even helped me financially, giving me money to take care of my daughter.”