A VALENCIA man who was arrested and detained after a shooting of his neighbour in 2017, has been awarded compensation by the High Court.
Justice Robin Mohammed ordered the State to pay Joel Alexander an aggregate sum of $185,996.36 plus interest for unlawful arrest, false imprisonment and trespass to his person.
Mohammed held that he was not satisfied that police had reasonable or probable cause to arrest or detain Alexander on July 2, 2017.
According to the judge, the defence admitted Alexander was not regarded as a suspect in the murder that took place close to a christening which he attended, and was arrested and detained for 48 hours without justification.
He also said there was no good reason for the police to subject Alexander to a DNA swap or a search.
“I find that the tort of false imprisonment and trespass to the person was well made out.”
According to his lawsuit, Alexander said he went to a christening party at a neighbour’s house when several loud explosions were heard. Those at the party scampered and so did he.
Ten minutes after going home, he saw a marked police vehicle and went to “the scene” where he saw “Kello” lying on the ground.
Alexander's lawsuit said he stood on the compound of a church and shouted to the officers to put Kello in the police van, as he was still alive. Nothing was done until other police officers arrived at the scene shortly after and Kello was put in the marked police vehicle which left.
The lawsuit said Alexander told one of the officers, “Good job, good job, is ah good thing yuh come.”
Alexander left the scene and went to another neighbour’s house where his nephew was liming. He offered to remove his nephew’s car which was blocking someone’s driveway, but in order to park it in his nephew’s yard, he had to pass the cordoned-off crime scene.
While taking another route, he was stopped by police who arrested and searched him. Alexander was taken to the crime scene and told he was arrested for “ah lil small questioning.” He was asked about an altercation Kello had reported months before with two men at a bar.
Alexander’s lawsuit also mentioned an earlier incident involving one of the police officers on the scene who allegedly threatened him and his brother, saying, “I want yuh bad, I will get yuh,” after Alexander spoke up when the officer began to push his brother.
At the station, it was said he was arrested for enquiries relating to a homicide. Alexander was again searched and put in a filthy cell, his lawsuit said.
He remained there until he was swabbed. His lawsuit said he was not allowed a bath or to brush his teeth for the time he was in custody and heard an officer admit he “was not a suspect,” before he was allowed to leave and given $10 to travel home.
Alexander was represented by Rajiv Persad, SC, Larry Boyer, Michael Xavier and Vanita Ramroop.
Attorneys Tricia Ramlogan and Laura Persad represented the State.
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