$90,000 for pensioner

In awarding the sum to the woman, Justice Frank Seepersad criticised the Police Service for slapping a malicious charge on the woman who worked as a janitor at the time and was locked in a police cell for the weekend because she was unable to tell them the whereabouts of one of her sons.

Justice Seepersad said the fight against crime must start with rebuilding public confidence in the Police Service, lamenting that even trial juries do not trust the police.

In the lawsuit, the woman said that at about 11.30 pm on August 26, 2011 police entered her house in South Trinidad without a warrant and asked for her sons.

She said that she did not know their whereabouts. Police said she was lying and searched the house.

The woman was arrested, handcuffed and taken to the Ste Madeleine Police Station at 1.30 am where she was placed in a cell. On Saturday at about 7 am, she was given bread and butter to eat, but nothing to drink. The woman who suffers with high blood pressure, got no medication.

At 11.15 am she was charged with stealing paint brushes. At 6 am the following day (Sunday), the woman was taken to the San Fernando Police Station where she was placed in a cell. On Monday, the case was dismissed in the San Fernando Magistrates Courts as it was determined the woman was the lawful owner of the paint brushes.

Attorneys Lester Chariah and Taurean Dassyne filed a malicious prosecution case against the State on behalf of the pensioner. Justice Seepersad awarded the woman $80,000 in general and aggravated damages. The sum, he ordered, would generate interest of 1.5 percent from the date of the filing of the action last year.

The judge also awarded the woman exemplary damages in the sum of $10,000, plus $5,000 for legal fees. The State was also ordered to pay the woman’s legal cost for the High Court case which is to be assessed by the registrar.