A Trincity labourer and taxi driver whom police knelt on in a traffic incident which went viral on social media in 2020 will be compensated for the ordeal.
In December, Kenneth Roach filed a malicious prosecution, false imprisonment and assault claim against the State arising out of the incident, which took place on April 7, 2020, in Arouca.
The claim was assigned to Justice Robin Mohammed, but the State has since settled his lawsuit for $127,560.56.
The judge subsequently signed off on the consent order entered into by both parties.
The viral video of Roach’s arrest also led to an independent investigation by the Police Complaints Authority (PCA) in November 2020, which led to recommendations being made to the Director of Public Prosecutions and the Commissioner of Police.
Roach’s lawsuit, filed by his attorneys Joel Roper and Lasana Murray, said while driving home after visiting his in-laws' home in D’Abadie, Roach was stopped by a neighbourhood friend onCane Farm Road.
He pulled off the road, got out of his car and saw PC Eric Trinidad, on his police motorbike, parked close to where he was standing.
Trinidad asked for his driving documents and told Roach he was going to get a ticket for plying his car for hire, although he was off duty at the time.
The lawsuit said Roach told the officer he was off duty, showing him the sign on the car’s dashboard, after which Trinidad became verbally aggressive.
The claim said Trinidad not only issues a ticket but also made a telephone call, after which four other officers arrived and were ordered to “lock him up, he is under arrest.”
“The police officers held onto the claimant and pushed him to the ground. The claimant fell face down and two officers knelt on his back and began pushing his face into the ground,” the lawsuit said.
The officers handcuffed Roach and lifted him to the police vehicle.
“In excruciating pain, the claimant started screaming, ‘It hurting me, it hurting.’
“The police officers ignored the claimant’s pain, forcibly placed him in the vehicle and took him to the Arouca police station,” it added.
It further alleged on the way to the station, Roach was cuffed in his face.
He begged to be taken for medical treatment, but the lawsuit said he was ignored and put in a cell.
No reason was given for his arrest and later that night he was given station bail to appear in court the next day. He was charged with resisting arrest, using obscene language, disorderly behaviour and three traffic offences.
Each time the matter was called in the Arima magistrates court, PC Trinidad failed to appear.
Trinidad retired in July 2021.
On August 21, 2021, Magistrate Avion Gill dismissed the charges against Roach. Former assistant DPP Nigel Pilgrim told the magistrate his office was waiting on the police’s file to issue a notice of discontinuance.
In his lawsuit, Roach made a claim for repayment of all the money he spent on legal fees, his illegal detention for eight hours, mental suffering, distress and assault.
Roach’s lawsuit maintaine