Senior Reporter
derek.achong@guardian.co.tt
A former estate constable with the Airports Authority has won his appeal over being convicted of assaulting and obstructing a police officer.
On Tuesday, two judges of the Court of Appeal upheld Chervol Lindow’s appeal and quashed his convictions.
The charges against Lindow stemmed from an incident at an event he was promoting at Pembroke in Tobago on June 16, 2019.
Lindow claimed that he was attacked by a police officer, with whom he had a long-standing dispute and who was assigned to the fete.
He claimed that he did not retaliate and reported the incident to the officer’s supervisor at the event.
He also made a report at the Roxborough Police Station and a complaint to the Police Complaints Authority (PCA).
Several months later, Lindow was arrested by the officer and charged with assault, obstructing a police officer and resisting arrest.
A magistrate dismissed the resisting arrest charge based on a no-case submission from his lawyers, led by former magistrate Michael Broomes. However, Lindow was found guilty of the two other offences.
Lindow was suspended from his job in 2019 and was eventually dismissed based on his convictions.
In determining the appeal, the panel criticised the magistrate for failing to give reasons for the outcome.
It found that it was difficult to understand the magistrate’s reasoning for rejecting Lindow’s evidence in favour of the officer’s, as there were numerous inconsistencies and contradictions in the case.
It also ruled that the magistrate failed to consider the fact that Lindow had a clean criminal record when assessing his credibility.
In a statement issued yesterday, Lindow said he was pleased with the outcome of the appeal, as the case severely affected his life.
“I am delighted that I have been exonerated by the Court of Appeal, and I hope to resume employment with the Airports Authority of T&T,” he said.
Lindow was also represented by Jonelle Broomes.
