The Tribune

By FARRAH JOHNSON

Tribune Staff Reporter

fjohnson@tribunemedia.net

THE Court of Appeal yesterday increased the damages awarded to Kenyan native Douglas Ngumi to $750,950 after he challenged the figure originally awarded to him for his unlawful six-and-a-half-year imprisonment at the Carmichael Road Detention Centre.

While the sum is an improvement from the $641,950 a Supreme Court judge initially granted him, it is still less than 10 percent of the $11 million he was seeking for his unlawful arrest, detention and inhumane treatment at the Carmichael Road Detention Centre (CRDC).

Mr Douglas was arrested and imprisoned from January 2011 to August 2017 at which time he was detained at CRDC. Upon his release, he brought an action against Attorney General Carl Bethel, then Immigration Minister Brent Symonette, then Immigration Director William Pratt and Peter Joseph, in his capacity as the officer in charge of the detention centre.

During the proceedings, Justice Indra Charles found the respondents were liable for false imprisonment, assault and battery and breaches of Mr Ngumi’s fundamental rights. As a result, she awarded him $386,000 for compensatory damages; $100,000 for exemplary damages; $50,000 for aggravated damages; $105,000 for breach of his constitutional rights and $950 as special damages.

The total award was $641,950 and Mr Ngumi was also awarded interest from the date of the judgment until payment and costs on a party and party basis.

His attorney, Fred Smith, QC, appealed the sum on the grounds it was “unreasonably low”. He further sought an increase in general damages to $11m while also seeking interest from the date the cause of action arose as well as costs on an indemnity basis.

Yesterday, Justices Sir Michael Barnett, Jon Isaacs and Milton Evans allowed Mr Ngumi’s appeal and increased the cost of general damages from $641,000 to $750,000.

In their judgment, delivered by Sir Michael, the panel ruled that a “global award” in that sum as it related to general damages was “appropriate”.

“The appellant was detained for a period of six years (and) seven months,” Sir Michael stated. “However, three months was a reasonable period of time to allow the state to organise the appellant’s deportation as recommended by the magistrate following his guilty plea to an offence against the Immigration Act. The three-month period was deducted from the otherwise unlawful detention. Therefore, the period of unlawful detention is six years, four months, six days.

“The failure of the judge to specify what amount of the $386,000 was awarded for assault and battery as against the amount awarded for false imprisonment is not sufficient to render the total award unreasonable. However, the award of $386,000 as compensatory damages is unreasonably low.”

Sir Michael said further that it was “improper” for the judge to make an award for both exemplary damages and vindictatory damages for breach of Ngumi’s constitutional rights.

“Having regard to all the circumstances, a global award of $750,000 in general damages is appropriate,” he stated.

“... In summary, we would allow the appeal by increasing the amount of general damages from $641,000 to $750,000 and by varying the order so that interests run from the date of the writ. Having regard to the claim for special damages, the total award is $750,950. We will hear the parties on the issue of the costs of this appeal.”