A GUAPO man will have to pay the State’s legal bill for defending his failed malicious prosecution lawsuit.
Justice Avason Quinlan-Williams dismissed Carlus Findley’s lawsuit against the Attorney General and ordered him to pay $14,000.
Findley alleged that on May 3, 2014, police arrested and assaulted him during Borough Day celebrations in Point Fortin. He claimed he was with his then-common-law wife, a friend and other relatives when he saw some men staring at his female companion and who tried to touch her inappropriately.
He claimed six police officers beat him. In his lawsuit, Findley said he was falsely charged with obstructing a police officer and using obscene language. After his arrest, he claimed he was detained at the Point Fortin police station for 13 hours before being released on bail.
The charges against him were eventually dropped in the magistrates’ court after the police officer who charged him failed to appear in court at any of the sittings.
In its defence, the State maintained that the police officer who arrested and charged Findley had heard him using obscene language. He was warned but persisted.
No police officer saw his common-law wife being assaulted.
In her ruling, Quinlan-Williams held that the finding of fact was critical in the case and that Findley’s version of events was not credible. She also said he failed to provide evidence or bring witnesses to support his claims, although she understood why he would not call his ex-common-law wife.
She said in such a case, adverse inferences could be drawn, and the reason he did not have his friends or relatives testify was because they would not support his version of what took place.
Quinlan-Williams also said she was satisfied with the arresting officer’s contention there was no assault on his then-companion but Findley had been heard using obscene language and told to stop, but did not.
She was also of the view that the arresting officer’s evidence was credible although she did admit to being tardy in going to the magistrates’ court when Findley’s case was called as she held that there was evidence of reasonable and probable cause to arrest and detain him.
“It is not sufficient for the claimant to only show that the charges were dismissed.”
Findley was represented by attorney Ted Roopnarine. The Attorney General was represented by Gayatri Dass and Savitri Maharaj.
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