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alexk
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Justice Frank Seepersad says members of the protective services should be held more accountable for instances where they use excessive force against citizens.
He made the statement during a hearing at the Port-of-Spain High Court yesterday, in which he reassessed the compensation due to prisoner Shahleem Mohammed, who was beaten by a prison officer in 2010.
Stating that such “reprehensible conduct” is too prevalent in T&T, Seepersad suggested that it would continue to occur as long as the State continues to bear the responsibility of paying compensation to victims.
“Urgent revisions and a no-tolerance approach ought to be taken. Errant functionaries of the State ought to be made to pay for the unjust injuries they inflict on those under their care. As long as taxpayers are the ones to pay this is not dealing with the problem. The courts are inundated with these types of matters,” Seepersad said.
In addition to forcing them to bear the financial responsibility, Seepersad also suggested that the Office of the Director of Public Prosecutions (DPP) investigate whether they can be prosecuted for criminal offences.
He noted that the DPP’s involvement is necessary, as prisoners are not able to make reports to police whilst in custody and because the limitation period for bringing claims may expire by the time they are released.
Mohammed was assaulted at the Golden Grove State Prison in Arouca on July 5, 2010. He claimed he was being led back to a cell block after having a shower when he informed a prison officer he was about to place him in a wrong cell.
He claimed he was choked until he was unconscious and the officer and his colleagues then took turns beating him with their batons. Mohammed suffered a fracture to his rib cage and injuries to his head and legs.
In its defence, the State claimed Mohammed had attacked the officer, who responded by hitting him a blow with his baton.
Delivering a judgment in 2014, Seepersad ruled in Mohammed’s favour, as he stated his injuries were far too extensive to have been caused by one blow as claimed by the officer.
Seepersad had ordered $70,000 in compensation over the incident, but Mohammed appealed as his lawyer Gerald Ramdeen felt the figure was too low.
The Court of Appeal agreed and reverted the case back to Seepersad, who increased it by $20,000.