THE STATE has been ordered to compensate an ex-prisoner who was beaten after he protested when he witnessed a fellow inmate being choked and pushed by guards at the Port of Spain prison in 2017.
In an order this week, Justice Nadia Kangaloo ordered judgment for Ian Yard and ordered damages of $150,000, with an interest of $20,198.63 and exemplary damages of $40,000.
She also ordered the State to pay Yard’s legal costs of $40,529.79. Yard was represented by Joseph Sookoo and Abigail Roach of Potentia Chambers, along with Kevin Chan and Raegan Ramlochan.
Yard’s lawsuit said after his protest when he saw another inmate being beaten, his cell was open and a prison officer entered, poking him with a baton while taunting him. It said Yard tried to block the entrance to his cell with his bed but officers used a fire extinguisher to get him to clear the bed. He then claimed another officer brought a firehouse and sprayed him down while a team from the prison’s emergency response unit (ERU) entered his cell and began beating him on the head and body.
After crawling out of the cell, he was again beaten before a superintendent ordered the prison officers to stop. Yard was taken to the Eric Williams Medical Sciences Complex, Mt Hope. A medical report said he suffered a collapsed lung, fractured rib, scalp hematoma (blood clot), lacerations and abrasions to the head, face and knees, swelling and soft tissue injuries about the body.
At the accident and emergency department, doctors had to insert a tube in his behest to re-inflate his lung, his lawsuit said. After he was transferred to the maximum security prison in Arouca, his lawsuit said the items from his previous cell were returned which were damaged by the water sprayed into his cell by one of the prison officers.
They included religious books, novels, and court documents. He complained that several items, including medication, clothing and letters from his children were not returned to him,
In its defence, the State alleged Yard was injured in an attempt to escape. The State contended while officers were dealing with the other belligerent inmate, Yard oiled himself and attacked officers with an improvised weapon while throwing a pepper-based solution at them. The State’s defence said a fire extinguisher and fire hose had to be used to distract him and dilute the substance he threw on the first set of ERU officers incapicitating them resulting in a second batch of officers in full riot gear having to respond.
It alleged he managed to slip past officers who were unable to restrain him because of the oil-based lubricant and ran to the main gate before he was eventually apprehended.
The State was represented by Ryan Grant and Ebo Jones.
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