THE State has conceded liability in a lawsuit filed by a San Fernando businesswoman who was arrested at a Woodbrook nightclub in 2017.
The concession came on the morning of the trial on January 9. As a result, on assessment of damages Justice Ricky Rahim ordered the State to pay Marsha Khan $125,000 for false imprisonment and malicious prosecution; $30,000 in exemplary damages; $5,000 in special damages and costs which amount to about $33,000.
In her lawsuit against the Attorney General, Khan, alleged wrongful arrest, false imprisonment, and malicious prosecution.
She was represented by attorney Darryl Heeralal.
The claim stems from an incident on November 6, 2017, when Khan was detained and charged with three criminal offences, all of which were later dismissed for lack of prosecution.
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Khan said she was arrested at Tsar Nightclub, Woodbrook, by WPC Ross without reasonable suspicion or explanation. She was reportedly accused of disorderly conduct, using obscene language, and unlawfully assaulting another individual, charges she denies.
She said although her niece told the officer she was not involved in an incident at the club’s lounge, she was still arrested.
“I still had no idea why I was arrested and I had no clue about anything that happened in the lounge.”
She said she was taken to the Woodbrook Police Station, where she was subjected to degrading conditions during her detention, including being held in a vermin-infested cell with a non-functioning toilet.
“The stench in the cell felt as if it was burning my nose.”
Khan said the policewoman told her she was going to be charged for “bussing a woman head,” assault, obscene using language and disorderly conduct.
She remained in custody for over 13 hours before being granted bail when she appeared before a magistrate in Port of Spain the next morning.
Khan said the policewoman pressured her to plead guilty, but she maintained her innocence and pleaded not guilty in court.
Over the following year, the prosecution failed to present evidence or pursue the case, resulting in the dismissal of all charges in September 2018.
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“I was never arrested before this and never had to face a magistrate before this. I was embarrassed and traumatised, having been arrested, handcuffed and paraded through town in a marked police vehicle.
“To this day whenever I see police officers I get scared. The smell of the faeces and urine in the cell also left that nasty memory in my mind and whenever I smell any foul stench I remember the awful experience of being locked up and put in a cell.
“After this experience, whenever I see police I get jumpy.”
Khan’s lawsuit accused the police of failing to dot a proper investigation, since there were cameras at the club, nor was a statement taken from the claimant or bouncers there.
Although conceding liability, the State’s attorneys filed a defence in the case, maintaining the police officer had reasonable and probable cause to arrest Khan.
The defence also accused Khan of behaving in a disorderly manner.
The State was represented by attorneys Candice Alexander and Kadine Matthew.
