$180,000 for 2 men beaten by soldiers

A similar claim filed by a woman, Stancy Maria Samuel, was dismissed.

Henry and Clarke were among a group of people at a house on the island when a raid was conducted.

A court martial was also conducted against the five soldiers by the Defence Force. In his ruling, Justice Rampersad ordered that the officer in charge of the operation on that day - Captain Booker - and the AG pay the award of damages to the two men, who were represented by attorney Garvin Narine Ramespaul.

He also granted the declaration that the omission of the members of the Regiment to inform the two men of their right to retain a legal advisor and consult with them during their detention was unconstitutional and illegal. In their lawsuit, the two claimed they were humiliated, tortured, assaulted, threatened, severely beaten and wounded by the soldiers. Henry, Clarke and Samuel all testified, as well as the five soldiers who were named as defendants in the lawsuit.

In his ruling, Justice Rampersad said it was clear that Henry and Clarke were intimidated and terrorised by the Army personnel under the supervision and order of Captain Booker.

“Under the state of emergency which existed on that day, the defendants had the authority and jurisdiction to search, detain and interrogate for the purposes set out but not to assault or terrorise persons. Further, despite the detention, there is no evidence that the claimants were advised of their constitutional right to an attorney,” Justice Rampersad said.

The judge also noted that notwithstanding the very wide range of search, arrest and detention powers are given to the Army by the Emergency Powers Regulation, it was still incumbent on them to ensure that the detention was made on reasonable ground. Neither of the two men nor any of the other persons present at the house that day was charged with any offence.