A RIO CLARO businessman who was wrongfully arrested and later sexually assaulted while on remand has been awarded just over $500,000 in damages by the High Court.
In a ruling delivered last month, Justice Margaret Mohammed found in favour of the man on claims of malicious prosecution, false imprisonment, and assault and battery. His identity has been withheld due to the nature of the allegations upheld in the case.
The claim arose out of his arrest on June 14, 2017, shortly after he had been conducting business at his roadside agricultural stall. According to his evidence, two police officers approached him in a marked vehicle, questioned his presence in the area, and took him into custody.
He alleged that the officers later brought him to a nearby shop and asked the proprietor to identify him as the perpetrator of a robbery. Although the woman reportedly indicated that the suspects were not from the community, he was nevertheless detained.
The court heard that he was later taken to an isolated location where he claimed he was beaten before being transported to the Rio Claro Police Station and placed in unsanitary conditions. He was then taken to a health facility and formally charged with armed robbery.
The man spent close to two months at the Golden Grove Prison before securing bail. During that time, he testified that he was repeatedly raped by fellow inmates but did not report the incidents out of fear for his safety.
After multiple court appearances, the criminal case against him was dismissed following a successful no-case submission by his attorney.
In his civil claim, the man said the ordeal left him deeply traumatised, citing ongoing physical, emotional and psychological harm. He also linked the experience to the breakdown of his marriage and suicidal struggles, and claimed financial losses after being unable to participate in the Canadian International Farm Programme.
While the police officers denied wrongdoing and maintained that the arrest was made in response to the reported robbery, the judge found there was no reasonable or probable cause for charging the claimant and concluded that malice could be inferred.
Justice Mohammed rejected the allegation that he was beaten by officers, noting that medical records did not support that aspect of his claim. However, she accepted his account of sexual assaults in prison, despite the absence of official reports, describing his testimony as credible and unshaken under cross-examination.
The judge also accepted his explanation for not seeking medical treatment after his release, including his claim that he relied on home remedies due to embarrassment.
In assessing damages, Justice Mohammed acknowledged the limited local precedent for compensating male victims of sexual assault in custody. She awarded $200,000 for the assaults, $80,000 for malicious prosecution, and $125,000 for false imprisonment, along with $12,400 to cover legal expenses incurred in the criminal proceedings.
An additional $20,000 in exemplary damages was granted, with the judge criticising the conduct of the officers as oppressive. Interest was also ordered on the award, along with $65,240 in legal costs for the civil matter.
The man was represented by attorneys Luana Lezama and Reagan Rowans, while Rachel Jacob and Calrine Thomas-Medina appeared on behalf of the Office of the Attorney General.
