A 39-year-old production technician who was assaulted, maliciously prosecuted and falsely imprisoned by the police has been awarded $204, 750 in damages.
Justice Carol Gobin ordered WPC Vaughn Cudjoe-Joseph and the Attorney General to pay the damages to Kerryn Kissoon.
The money included special damages in the sum of $11,500 for a Blackberry cellular phone and D2 coil set which were seized by the police and not returned to him, as well as $5,750 for his legal representation at the magistrates’ court.
According to the statement of case, on August 29, 2013, around 4.30 pm, Kissoon went to Nigel’s Auto Garage, Monte Grande, Tunapuna to get a progress status on the his car which he had dropped off to be repaired.
There were over 20 vehicles on the compound at the time. About five minutes after he arrived, five police vehicles arrived at the compound with a warrant to search for drugs and ammunition.
Kissoon claimed the officers were very aggressive and became disgruntled and angry after not getting the answers they sought.
He said they began using excessive force (kicking, cuffing, slapping, brutalisation with flashlights and gun butts) on the people at the compound.
Kissoon said he was slapped by a police officer, resulting in swelling and redness on his face.
While interrogating each person, he claimed the officers constantly thumped and slapped then. Kissoon said he was very scared started to cry and told the officer he knew nothing as he just came to the garage to repair his vehicle, but the officers ignored him.
After learning where he worked, he said Cudjoe-Joseph started to mock him and told him he would not be able to work with those types of companies again.
An officer then said he found drugs in a vehicle which employee Troy Lezama was working on.
Six people, including Kissoon and Lezama, were arrested and taken to the Tunapuna Police Station.
The police seized his cellphone and coil set. Kissoon said he repeatedly explained to the police officers, including Cudjoe-Joseph, his purpose for being at the garage, but they ignored him.
He, along with four other persons including Lezama, was charged by Cudjoe-Joseph who was attached to the North Eastern Division Task Force for possession of cocaine for the purpose of trafficking.
After being held 13 hours in the police cell, he appeared in the Tunapuna Magistrates’ Court where he was remanded into custody at the Maximum Security Prison.
He spent almost eight days incarcerated before he secured bail. Lezama pleaded guilty in November 2013 and was sentenced to 18 months in prison.
The court dismissed the charge against Kissoon on April 15, 2015. The defendants filed a defence in which they denied that Kissoon had been maliciously prosecuted, falsely imprisoned, wrongfully arrested or assaulted.
Kissoon was represented by attorney Chris Selochan while the defendants were represented by attorneys Daniella Boxhill and Lianne Thomas.
The defendants were also ordered to pay assault, malicious prosecution and false imprisonment damages in the sum of $7,500, $85,000 and $95,000 respectively, as well as costs.