A police officer injured on the job at the San Fernando magistrates court in 2016, will receive compensation from the State.

Last week, Justice Eleanor Donaldson-Honeywell found the State liable for Avinash Bhajan’s injuries. Compensation will be assessed by a Master of the High Court. She delivered an oral decision.

Bhajan, 42, who was assigned to the Court of Process section of the Southern Division of the police service, was on duty at the court on June 21, 2016, when he tried to take a pen from a prisoner who, at the time, was appearing before the magistrate.

In his claim, Bhajan said he was kicked with force by the prisoner which caused him to fall backwards, hitting the corner of a bench behind him before he landed on the floor.

Bhajan said before that, the magistrate had asked for the prisoners’ handcuffs to be removed when she noticed that one of them had the pen in his pocket and asked that it be taken away.

Since he was closest, he attempted to take the pen, but the prisoner pulled away aggressively, refusing to give up the pen.

It was then, Bhajan said, the prisoner kicked him in the groin.

He was taken to the San Fernando General Hospital for medical attention.

Bhajan reported the incident to the Occupational Safety and Health (OSH) Agency and said he was of the view that the incident could have been avoided if the magistrate did not insist on having the prisoners’ handcuffs removed since there was a shortage of police officers that day.

Several other police officers who were on duty at the court also said the same and spoke of what usually happens when they have to handle violent prisoners.

At the trial, Bhajan’s attorneys urged the judge to make a finding that there should be a policy prepared by the police and Judiciary for the management of prisoners to safeguard everyone in the courtroom when there are violent prisoners.

Bhajan’s injuries were recorded as blunt trauma to the groin area; injuries to the spine; restriction in movement of his legs by 50 degrees and 20 per cent permanent partial disability because of a damaged spinal disc.

His lawsuit said for almost four years, there has been no final determination of his work status by the medical board of the police service. In February 2021, he was advised that he could return to light duties at work and he will be reassessed after a year.

He said if he is found to be unfit to work after the year, his pension, gratuity and related benefits will decrease and if he is found to be fit, he would be limited to performing sedentary duties permanently since he will not be able to continue training or perform police work on the street or in the field.

The OSH Agency’s report was also submitted as evidence in the case. It said the police service regulations stipulate that prisoners should be searched twice before being taken to the courtroom and had this been properly done, the pen would have been discovered.

It also said there was no documented assessment of the risks to the safety and health of police officers who are taske