PTSC boss wins wrongful arrest lawsuit

TRANSPORT Coordinator of the Public Transport Service Corporation (PTSC) Alphie Subiah, insisted that policemen pay for their rides on buses, but for putting his foot down, he paid a heavy price. Slapped with three charges by a policeman who was told to buy a ticket, Subiah was never prosecuted on the charges and yesterday a High Court judge ordered the State to pay Subiah $80,000 for wrongful arrest. Master Bertrand Doyle, presiding in the San Fernando High Court, remarked that the behaviour of PC Marlon Stoute-Khan was unconstitutional and unacceptable as a member of the Police Service.

In a constitutional motion, Subiah stated it was his duty to ensure compliance with PTSC’s commuter service regulatios and on the morning of May 4, 2000, PC Stoute-Khan boarded a bus on King’s Wharf without producing a ticket.  Requested to do so, Subiah stated in his motion, PC Stoute-Khan alighted from the bus and purchased a ticket. But the matter did not end there. In his documents, filed by attorney Anand Ramlogan instructed by Narendra Lalbeharry, Subiah stated when the bus reached its destination at the off-loading bay of PTSC’s terminus, Port-of-Spain, PC Stoute-Khan charged him with abusive language, resisting arrest and damaging the property of the Government namely the shirt of PC Stoute-Khan.

The motion stated that the charges were dismissed as a result of PC Stoute-Khan’s non-appearance in the Port-of-Spain Magistrates’ court on the three occasions the case was called. The State conceded liability in the motion, the trial of which was heard by Justice Joseph Tam. The judge ordered damages be assessed before a Master of the High Court. In his award of $80,000 to Subiah yesterday, Master Ralph Doyle stated: “The award reflected an amount for aggravated damages to punish the State for the conduct of PC Stoute-Khan.” It also reflected society’s outrage, the Master added, for such behaviour. As he left the court yesterday after the judgment, Subiah demanded that disciplinary action be taken against the policeman for the humiliating experience he suffered.