A retired senior police officer has lost his lawsuit over being arrested by municipal police officers and charged after being involved in a minor car accident in 2020.
Delivering a judgment yesterday at the end of a trial, which commenced on Monday, High Court Judge Frank Seepersad dismissed Julien Johnson’s lawsuit against the mayor, alderman, councillors and citizens of Arima and the Office of the Attorney General.
Justice Seepersad ruled that Johnson’s wrongful arrest, false imprisonment, assault and battery, and malicious prosecution case was completely devoid of merit.
The lawsuit stemmed from an incident which occurred at an access road between a bank and two popular fast food restaurants, off Hollis Avenue in Arima, on January 20, 2020.
Johnson, who was a Senior Superintendent at the time, attempted to manoeuvre his private vehicle from between two parked cars when he reversed into one of them.
The owner of the parked car that Johnson collided with made a report to municipal police officers assigned to the Arima Borough Corporation.
The officers arrested Johnson after he reportedly refused to show them his driver’s permit and certificate of insurance.
Detectives of the Professional Standards Bureau (PSB) of the T&T Police Service (TTPS), which is tasked with probing officers accused of crimes, took over the investigation.
After consulting the Office of the Director of Public Prosecutions (DPP), Johnson was charged with failing to provide his driver’s permit and insurance, resisting arrest, and malicious damage to the vehicle.
He filed the civil lawsuit seeking compensation after the charges were eventually dismissed by a magistrate.
In deciding the case, Justice Seepersad rejected Johnson’s claims that the municipal officers did not have the jurisdiction to request his documents and arrest him.
Justice Seepersad noted that under the Municipal Corporations Act, municipal police officers have the same powers as TTPS officers.
“The claimant being a Senior Superintendent was seemingly incensed by the fact he was being questioned by a municipal police officer,” he said.
Stating that TTPS officers often operated based on the misguided notion that they are superior to municipal police officers and Special Reserve Police (SRPs), Justice Seepersad said: “They do not have greater authority.”
Justice Seepersad strongly condemned Johnson’s conduct, which he described as an unacceptable and regrettable attempt to “assert rank”.
He also found that PSB Senior Superintendent Ricardo Montrichard, who charged Johnson, had reasonable and probable cause to do so.
“Even if he did not have such, there is no operative circumstance which could suggest that he acted with malice or it can be inferred,” he said.
As part of his judgment, Justice Seepersad ordered Johnson to pay the legal costs incurred by the corporation and the AG’s Office for defending his claim.
Johnson was represented by Peter Carter. The corporation was represented by Raisa Caesar, while Tricia Ramlogan and Brent James represented the AG’s Office.