A man from San Juan has been awarded over $200,000 in compensation for being wrongfully arrested, falsely imprisoned and assaulted by police officers in their probe into an alleged plot to disrupt Carnival celebrations in 2018.
High Court Judge Robin Mohammed ordered the compensation for Tariq Mohammed (no relation) as he upheld his case against the State on Tuesday.
The outcome of the case came a little over a year after Tariq’s younger brother Wasim was awarded $100,000 in compensation over his treatment by the officers during a raid on the family’s home at Mohammed Ville, El Socorro Road, San Juan, on February 8, 2018.
The officers searched an apartment shared by Mohammed’s younger brother and his wife before searching the area of the property shared by Mohammed, his wife and his parents.
The officers left after they did not find any illegal items including explosives.
However, they returned hours later to arrest Mohammed based on the instructions of an Assistant Commissioner of Police (ACP), who was purportedly relying on information received from a foreign intelligence agency.
Tariq was detained at the Belmont Police Station for seven days before he was released without being charged on Ash Wednesday.
Both siblings filed cases through their lawyers Alvin Ramroop, Kingsley Walesby, and Sarfraz Alsaran.
In determining the most recent case, Justice Mohammed found that Tariq was unlawfully arrested and falsely imprisoned by the officers during their first visit to his home although he was not then forced to leave with them (the officers).
His finding was based on Tariq being restrained with tie-straps during the search.
“The nature of that restraint rather than its duration, is decisive,” Justice Mohammed said.
Dealing with the second visit, after which Tariq was taken into custody, Justice Mohammed noted that the officers did not have reasonable or probable cause to arrest him after the initial search did not yield any illegal items.
He also rejected the State’s reliance on the purported intelligence reports as he noted that such was not disclosed and the ACP, who allegedly received it, did not testify in the case.
“I note a critical absence of objective facts connecting the Claimant to any arrestable offence at the time he was taken into custody,” Justice Mohammed said.
“I am not satisfied that the Defendant has discharged its burden of proving that a reasonable suspicion existed,” he added.
In ruling that Tariq had been falsely imprisoned while being kept at the station for a week, Justice Mohammed rejected the officers’ claim that they needed time to analyse electronic devices and interview other detainees.
“A blanket assertion of ongoing investigations cannot serve as a substitute for the strict legal requirement to justify a detention. The police were obligated to either charge the Claimant or release him once the initial interview had concluded and no evidence was found,” Justice Mohammed said.
He also found that Tariq had been assaulted by being restrained along with his father Shamoon during the search.
“I accept that these sudden, forceful, invasive and intrusive actions left the Claimant vulnerable and constituted an imminent and hostile threat to the Claimant,” he said.
Justice Mohammed ordered $145,000 in damages, which was partially based on his arrest taking place in front of many family members.
“The presence of a larger audience of family members, particularly young children, compounded the humiliation, embarrassment, and indignity suffered,” he said.
He was also awarded $40,000 in exemplary damages, interest on the compensation, and his legal costs for pursuing the lawsuit.
In a brief telephone interview, yesterday, Tariq’s father, a popular radio announcer, said that his family was relieved that the cases pursued by his sons were upheld.
He stated that he and his family were shocked that Tariq was being investigated as they have always been law abiding citizens.
“We taught our children to show respect for the rule of law, value your country, your community and its peoples and always stay on the right side of the law,” Shamoon said.
“We have always stuck to the side of respect for the rule of law, you know, developing harmonious racial relations and things like that,” he added.
He said that his family felt compelled to take legal action based on their traumatic experience.
“We were not going to sit down and allow that to go away,” he said.
He expressed hope that his family’s experience may inspire others to stand up for their rights.
“We are hoping that this will be an example for the rest of the community where people must not take, you know, evil actions even if it comes from members of the armed forces,” he said.
The Office of the Attorney General was represented by Sanjeev Lalla, and Brent James.