The Tribune

By FARRAH JOHNSON

Tribune Staff Reporter

fjohnson@tribunemedia.net

A SUPREME Court judge has ruled in favour of a Jamaican man who spent nearly a decade unlawfully detained in prison and the Carmichael Road Detention Centre, despite the fact he was never convicted of a single crime.

Matthew Sewell, who was first detained at just 18 years old, spent nine years and nine months falsely imprisoned. He is now seeking $27m in damages.

In 2006, he was accused of raping a six-year-old girl and was detained at the Bahamas Department of Correctional Services for two years before he was granted bail in 2008. Three years later, he was once again charged with rape and remained in custody for over four years without trial.

In August 2013, Mr Sewell was granted bail and the rape charges from 2006 and 2009 were dismissed. Still, two months later, he was arrested in connection to a housebreaking incident.

While on bail for that charge, Mr Sewell was informed he was wanted for murder and taken back into custody, although he was never formally charged with that offence.

After denying the allegations of housebreaking in 2014, a magistrate also dismissed that particular case, but Mr Sewell was taken back to prison instead of being discharged for the crime.

He is currently suing the government for damages related to arbitrary and unlawful detention, battery, assault, malicious prosecution and breaches of his fundamental rights under the Constitution.

On Monday, Justice Ruth Bowe-Darville struck out the government’s defence and scheduled a hearing on October 28 for the assessment of damages.

In addition to the interest and costs he is claiming, Mr Sewell is also requesting $27m in damages.

His attorney, Fred Smith, QC, said his client is asking to be awarded $8.9m for false imprisonment, $2.6m for assault and battery, $5m for punitive damages, $3m for aggravated damages, $5m for constitutional vindicatory damages and $3m for malicious prosecution.

Speaking about his client’s court victory, Mr Smith told The Tribune he believes Mr Sewell’s case is just the “tip of the iceberg” as it relates to human rights abuse cases.

“We are very pleased that the court has given judgment in favour of Mr Sewell in relation to his claims of abuse over the nine years and nine months,” he said.

“To put this in perspective, the court has held that Mr Sewell was falsely imprisoned for 3,568 days illegally. That is a chunk of nearly a decade stolen from Mr Sewell at the age of 18-years-old until he was 28. It baffles a civilised mind to think that between the government, prison, police and immigration authorities, Mr Sewell’s rights were repeatedly abused.”

Mr Smith said Mr Sewell has suffered tremendously at the hands of his wrongful incarceration and has had his nose broken and one of his eyes nearly gouged out, in addition to experiencing repeated beatings, while in prison.

He also said Mr Sewell has since been diagnosed with post-traumatic stress disorder (PTSD) and schizophrenia.

“This young man has been forever scarred by the inhumane and degrading treatment he received for nearly 10 years in the clutches of a system of institutionalised civil crimes against humanity,” Mr Smith stated. “This kind of case reflects savagery, ignorance and inhumanity which really is internationally embarrassing to The Bahamas.”

He added: “The government failed to make discovery, they failed to abide by the court orders, they failed to file any witness statements and so the court struck out their defence.

“(They) should not complain about large awards because it is in their power to stop the police, the immigration and the defence force from abusing people. In this awakened state of Black Lives Matter that has fired the world, I hope The Bahamas government takes heed to implement proper training and disciplinary action to stop this out-of-control train that continues to abuse people’s rights day in and day out in The Bahamas.”