Derek Achong
Senior Reporter
Almost eight years after five men were summarily executed by police officers near their Laventille homes, the State has been ordered to pay their families over $4 million in compensation.
In a recent judgment, High Court Judge Marcia Ayers-Caesar ordered the compensation for the families of Mechack Douglas, Shakeem Francois, Shaundell St Clair, Nicholas Barker and Kudiem Phillip as she upheld an assault and battery and misfeasance in public office case against the Office of the Attorney General.
The men’s relatives claimed that on October 25, 2018, then 22-year-old Douglas was listening to music and playing cards with a group of friends behind one of their homes at Upper Wharton Street, Trou Macaque Road, Laventille.
A group of officers from the Inter-Agency Task Force (IATF) entered the property and allegedly taunted Douglas before shooting him in his chest.
St Clair, who was 19 years old at the time, allegedly attempted to run away but was caught by an officer, who beat him with a gun before shooting him.
Francois, Barker and Phillip, who were 15, 23 and 17, were also shot and killed.
One of the friends managed to run away and hide from the officers until they left.
In defence of the lawsuit, the State claimed that the men shot at the police officers and were killed in the shoot-out that followed.
The claim was consistent with comments from then-police commissioner Gary Griffith, who at the time claimed that the officers were “greeted by gunfire” and acted in self-defence.
While relatives of victims of extra-judicial killings usually pursue wrongful death cases, the group’s attorneys led by Lee Merry, filed the novel lawsuits as they contended that the men’s deaths were not caused by negligence but rather were intended by the police officers.
Justice Ayers-Caesar agreed with the contention as she found the officers’ claims incredible based on the evidence before her.
She noted that autopsies on Douglas and St Clair showed that they were shot in their chests at close range.
She also noted that two firearms, which police officers claimed they found on the men after the shooting, appeared in pristine conditions as though they had never been used before.
She also took issue with the fact that the police did not produce any forensic evidence to buttress their claim over what transpired.
“Given the over-abundance of inconsistencies in the evidence presented on behalf of the Defendants, the Court holds the position that on a balance of probabilities the Claimants have produced a more plausible and probable explanation for the unfortunate incident which occurred on the date in question,” she said.
Justice Ayers-Caesar also raised concerns over the investigation into the incident, as she pointed out that the officers were not interviewed separately and independent witnesses were not interrogated.
Based on her findings on assault and battery, the officers involved in the shooting were liable for misfeasance in public office.
“The unauthorised killing of the men on the date in question, coupled with the incredulous defence which they have put forward, clearly shows that the party of officers acted in bad faith and with reckless indifference as to the illegality of their actions and the potential harm to these young people,” she said.
Justice Ayers-Caesar ordered $125,000 in general damages for assault and battery and $75,000 for misfeasance in public office.
The additional compensation was characterised under aggravated and vindicatory damages to highlight the court’s abhorrence towards the unlawful conduct of the police officers in the case.
In a brief telephone interview, Police Complaints Authority (PCA) Director David West noted that the incident was thoroughly probed by PCA investigators, who submitted a detailed and timely report.
He confirmed that on August 5, 2020, the PCA wrote to Director of Public Prosecutions (DPP) Roger Gaspard, referring to the report and recommending that the officers be charged with murder.
Guardian Media understands that several months later, DPP Gaspard indicated that the matter was referred to the TTPS for an investigation and possible charges.
He said that the seeming lack of outcome in the TTPS probe highlighted long-standing issues over the TTPS being allowed to probe criminal conduct by its members.
Guardian Media reached out to executive members of the TTPS for an update on the case, but did not receive a response up to press time.
The men’s relatives were also represented by Ajesh Sumessar. The AG’s Office was represented by Stefan Jaikaran and Janine Joseph.
