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Judge: Pure abuse of power by police


The Office of the Attorney General has been directed by the High Court to pay a combined total of more than $.5 million to a Couva couple for wrongful arrest and malicious prosecution.


In what was described by Justice Ricky Rahim as one of the worst cases of police abusing their power that ever found its way before his court, the judge strongly criticised the actions of the officers.


In what was described by Justice Ricky Rahim as one of the worst cases of police abusing their power that ever found its way before his court, the judge strongly criticised the actions of the officers.


The judge made the ru­ling on Tuesday in favour of Kevin and Natalia Barrow, who filed a lawsuit against the State following their arrest and prosecution in May 2016.


They were represented in the civil claim by attorney Abdel Mohammed.


“These events appear to have been that of pure abuse of power by the police who took it upon themselves to forcefully enter the house without lawful authority, only to attempt to justify the entry by the telling of untruths later on,” said the judge.


The evidence in the case was that on May 25, 2016, the couple was at their home when police and soldiers entered and placed Kevin under arrest.


He was released the next day without charge.


Immediately following his release, Natalia, who was a nursing student and five months pregnant at the time, informed a senior officer at the Couva Police Station where her husband was held that she would be making a report to the Professional Standards Bureau (PSB).


However, on the morning of May 27, as she was about to do so, officers again arrived at her home, kicked in the back door and entered the house before carrying out a search.


Initially, nothing illegal was found, but one of the officers later claimed he “found something” and the couple were arrested, taken to the Couva station and placed in adjacent cells.


They were eventually charged with possession of marijuana, but two years la­ter, the charge was dismissed after police failed to show up in court.


The drugs the officer claimed to have found was also never presented in court.


In his ruling, Justice Rahim said he found it difficult to believe the police’s claims that they had information Kevin was selling drugs at his home.


He said he also did not believe the officers had in their possession any warrant to enter the couple’s home as they claimed.


If this was the case, then why wasn’t the warrant presented as evidence during the trial or the justice of the peace who signed off on it called as a witness, the judge asked.


“This is an entirely odd occurrence and tells the court simply that there was no warrant, hence one could not be produced. It was all made up,” said the judge.


He added that the credi­bility of the officers, in his view, was tainted by obvious untruths, and their evidence could not have been trusted on the material issues.


“The chain of events clearly demonstrates to the court that the police appeared to be motivated by ill will and spite towards the claimants, said the judge, adding that they acted out of malice after Natalia said she had the intention of reporting her husband’s first arrest to the PSB.


“It is clear to the court that the police abused their power on each occasion and were high-handed. The actions displayed disregard the sanctity of the rule of law and the rights of the individual not to be the subject of arbitrary use and abuse of power by the police.


“It is one of the worst incidents of such abuse to have come before this court, and a strong message must be sent in respect of the concerted actions of the officers on both days,” said the judge.


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