Financial Services, Trade and Industry and Immigration Minister Elsworth Johnson.
By RASHAD ROLLE
Tribune Senior Reporter
rrolle@tribunemedia.net
IMMIGRATION Minister Elsworth Johnson said “we are a country of laws” after the Supreme Court awarded a record amount in damages to a Kenyan who was unlawfully detained at the Carmichael Road Detention Centre for six-and-a-half-years where he endured cruel and inhumane treatment.
“The courts are there to protect us, to ensure that the rule of law is adhered to at all times and the fundamental dignity of the human person is protected at all times,” Mr Johnson said when asked yesterday about the case.
“To the extent that the court has made a decision, that’s just what it is.
“If the Attorney General in his wisdom after analysis determines it’s something they may want to appeal, that’s the way it’s done. Other than that, that’s how this works.”
Asked if anyone is currently at the detention centre beyond the statutorily required period, Mr Johnson declined to comment.
“I think the law is clear and all and sundry that live and work in The Bahamas are subject to the law,” he said.
Immigration Director Clarence Russell did not respond to calls and messages seeking comment yesterday.
For his part, Attorney General Carl Bethel said: “I will be guided by the advice of counsel who appeared in the case.”
Justice Indra Charles awarded Douglas Ngumi $641,950 in damages, the largest award of its kind in the country’s history. The award included $386,000 in damages for false imprisonment, assault and battery, $105,000 in constitutional damages by way of compensation and vindication, $100,000 in exemplary damages, $50,000 in aggravated damages and $950 in special damages.
In assessing damages, Justice Charles relied heavily on the case of Atain Takitota, a Japanese national who was arrested by immigration officers in 1992 and spent eight years in the maximum-security wing of the Fox Hill prison without charge. He attempted suicide at least three times and was awarded some $500,000 in damages by the Court of Appeal in 2006.
Mr Ngumi was at the detention centre from January 2011 to 2017. He said during his time there he was severely beaten, tear gassed and contracted tuberculosis. He said he lost his documentation at the detention centre.
Attorney Fred Smith, QC, represented Mr Ngumi in the case. Mr Smith has said he has dozens more cases like Mr Ngumi’s before the court.
Comments
hrysippus 4 years ago
If we are a country of laws as the cabinet minister claims, then I wonder in what form, and even if,the law will be applied to this Immigration Department officer who tortured this innocent man while he was helpless and restrained with handcuffs? What a monster this officer must be.
JokeyJack 4 years ago
In the same way, for the next six years people who are evicted from their apartments and find themselves living on the street can take comfort in knowing that we are a country of housing. Bear that in mind. Living on the street for 6 years? How bad can it be. Perhaps better than the detention center.
As the economy sinks next year and if you find yourself living on the street or in your car, just remember that we are a country of laws and a country with lots of housing. That will make you feel better, and the mosquito bites hurt less.
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