Man beaten by police awarded $163,000

A man who was unlawfully arrested and detained, had his home searched without a warrant, and was beaten so violently by police that he lost six of his teeth, was awarded $163,000 in compensation by the Supreme Court.

In an August 23 ruling by Assistant Registrar Renaldo Toote, Latario Rolle, the plaintiff, was awarded $163,060.85 as compensation for special damages, unlawful arrest, and detention, false imprisonment, assault and battery, malicious prosecution, and aggravated and exemplary damages.

Corporal 2054 Moultrie, the commissioner of police and the attorney general are listed as the defendants in the matter.

The ruling states that on January 9, 2015, Rolle, then 32, was walking on Malaysia Way, Elizabeth Estates, when police stopped him.

Rolle said he was returning a PlayStation 3 game CD to his cousin. Police searched Rolle’s phone and discovered a photo of a gun. The officers arrested Rolle and took him to his home.

Rolle told the officers that he did not have keys to the home and that his grandmother appeared not to be at home because she did not answer the front door.

While handcuffed, Rolle was dragged to the back door of the home where police forced their way inside, the ruling said.

“While inside, the police (without a search warrant) searched and ransacked the plaintiff’s home,” the ruling read.

“Nothing illegal was reportedly discovered, however, the police charged the plaintiff with unlawful possession of jewelry, a PlayStation console, and games discovered in his home.

“Rolle immediately questioned the first defendant (Cpl. Moultrie) by asking, ‘How could you just break open my house and arrest me for my own property?’

“According to the plaintiff, this is when Cpl. Moultrie charged at him (whilst still cuffed) and began repeatedly punching him in the face.

“One of the plaintiff’s tooth flew out of his mouth and another was loosened. Despite this, the plaintiff was denied medical attention while detained in police custody.

“A dental report later disclosed that the plaintiff will eventually lose six teeth in total as a result of the damage.”

On January 13, 2015, Rolle was arraigned in the magistrate’s court and granted bail. However, he was unable to satisfy the bail conditions and was remanded to the Department of Correctional Services until January 19, 2015.

The prosecution later withdrew the charges against Rolle on November 18, 2015.

The ruling added, “To date, the defendants have not attempted to reintroduce any charges against the plaintiff nor was any of his goods returned.”

Toote said the court accepts that Rolle, who was defenselessly restrained in handcuffs, “was violently attacked by Cpl. Moultrie who repeatedly punched him in the face until one of his teeth flew out of his mouth”.

“There is no evidence to show that Rolle was immediately taken to the hospital,” he said.

“This means that during his pain and suffering he was confined to a cell, subsequently interviewed by police and charged. It goes without saying that notwithstanding the abuse, the plaintiff denied the charges since he was subsequently granted bail.

“The evidence shows that Rolle was first seen by medical physicians four days later while remanded at the Department of Corrections.

“It goes beyond comprehension, how the police would interview a battered and bruised man and expect him not [to] be intimidated and afraid and to further assume that his responses to their interview questions were legitimate.

“Rolle was subsequently charged without there being a virtual complainant accusing him of any of the aforementioned offenses.”

Disheartening

Toote also said that he found the attorney general’s conduct in this matter “rather distasteful and most disheartening” as a representative of the state.

“The matter was attended to with no care or urgency,” he said.

“Crown counsel failed to call any witnesses, cross-examine or even file submissions to defend the allegations. This demonstrates an impenitent disregard towards the plaintiff.

“The omission to cross-examine or call witnesses in matters where the fundamental rights of a citizen is allegedly abused and molested by those sworn with the obligation to protect and preserve the constitutional dignity, in my estimation does nothing to rebuff such abhorrent conduct.

“I reiterate, that at all times the court’s intention will be equality achieved through justice, as there is no adequate amount of money that could be awarded to restore the public’s confidence in the police when it has been eroded by abuse.”

Damages

Rolle’s attorney, Alton McKenzie, argued that his client should be awarded $828,060.85.

Toote ruled, “The stability of justice is eroded whenever a person’s liberties are violated by those who are sworn to protect and preserve human rights in a civil society.

“The fundamental freedoms and liberties afforded by the constitution are the essential elements to any democratic society to which the doors of justice are hinged, and its doorbell is the rule of law which reverberates the equitable maxim, nemo est supra legis, meaning no man is above the law.

“Simply put, the police are duty-bound to act fairly. If these liberties are found to be violated, the courts ought to compensate the victim with the same even-handedness in order to vindicate the constitutional right which has been infringed.

“At all times, the Court’s intention will be equality achieved through justice.”

He awarded Rolle $28,065.85 in special damages; $75,000 for false imprisonment, assault and malicious prosecution; $10,000 in aggravated damages; and $50,000 in exemplary damages.

Attorney Lynette King represented the defendants.

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