A handyman and caretaker, who was forced to spend 10 days on remand after being charged with littering in 2015, is set to receive almost $160,000 for malicious prosecution.
The man, whose identity was withheld by Guardian Media because of his fear of being targeted by criminals because of his recent windfall, received the compensation after his attorneys negotiated a settlement of his malicious prosecution case with the Office of the Attorney General, earlier this month.
The consent order between the parties was entered before Justice Ricky Rahim.
The man was arrested at a health clinic in Arima, where he worked, on May 16, 2015.
Police officers, who were on mobile patrol in the area, arrested and charged him after they allegedly saw him throw a bottle that narrowly missed a garbage bin in the clinic’s car park.
The man was initially granted $10,000 bail but was forced to remain on remand until his attorney Kyle Fortune applied for a variation of his bail, 10 days later.
In his brief stint in prison, the man was made to share a small cell with nine other men, including one accused of rape and two accused of murder.
During the trial of the case, PC St Clair, the officer, who charged the man, claimed that he and his colleagues had asked him to pick up the bottle and place it in the bin but he refused.
PC St Clair, who was revealed to be from the same village as the man, also claimed that the bottle fell on the roadway and not in the clinic’s private car park.
The man denied any wrongdoing and claimed that he explained to the officers that he would dispose of the bottle later as he did not want to leave the clinic’s stockroom unattended at the time.
The man, whose job responsibilities included cleaning the car park, claimed that despite his reservations he complied with the officers’ request but was still arrested.
During the trial, Fortune successfully applied to tender footage from the clinic’s CCTV cameras, which proved his client’s claims.
In 2017, the man was acquitted of the charge under the Litter Act, which carries a maximum fine of $4,000. The legislation also makes provisions for persons to be ticketed for the offence instead of being arrested like in the man’s case. The man was also represented by Shanice Edwards.
