Derek Achong
Senior Reporter
The State has been ordered to pay over $600,000 in compensation to a mother and daughter, whose home was searched by police using a warrant in the name of a man who no longer lived there.
Delivering an oral judgment on Tuesday, High Court Judge Avason Quinlan-Williams upheld the lawsuit brought by the relatives, whose names were withheld due to personal safety concerns raised by their lawyers.
The lawsuit pertains to a search conducted at the duo's home, which began around 4.30 am on July 20, 2023.
The women claimed they were awoken by loud banging on their front door.
They claimed that they attempted to exit through the back door but were confronted by a group of police officers.
The women, who claimed they were only dressed in their underwear, alleged that they were forced to get dressed in front of the police officers while they ransacked their home.
The officers eventually left after they did not find anything illegal.
They claimed that the officers refused to show them the search warrant they flashed on entry, and they only received a copy after their lawyers, led by Larry Lalla, SC, sought disclosure under the Freedom of Information Act (FOIA).
They learned that the warrant was in the name of a man who was well known to the police and had not lived at the property since 2019.
They filed the case seeking compensation for trespass, assault and the malicious procurement of the warrant.
In deciding the case, Justice Quinlan-Williams was unable to find that the police had reasonable and probable cause to obtain the warrant, as the officer who sought it was not called upon to give evidence.
She noted that the Office of the Attorney General presented no evidence of the enquiries and surveillance that were done to confirm that the man still resided at the family's home before the warrant was sought.
Based on the lack of evidence, Justice Quinlan-Williams found that the warrant had been maliciously procured.
In deciding on the appropriate compensation for the mother, Justice Quinlan-Williams ordered $150,000 in general damages and $42,612.79 in special damages.
The special damages represent the costs incurred by her to repair the door and other items that were destroyed in the raid. It also covers the costs associated with her seeking treatment for post-traumatic stress disorder (PTSD), which she was diagnosed with after the search.
For the daughter, Justice Quinlan-Williams ordered $120,000 in general damages.
She also ordered $100,000 in exemplary and aggravated damages for each.
The State was also ordered to pay $72,445.96 in legal costs for the case.
The mother and daughter were also represented by Nicholas Persad and Isabell Rahim.
