The Tribune

By FARRAH JOHNSON

Tribune Staff Reporter

fjohnson@tribunemedia.net

A MAN who was unlawfully arrested, beaten by officers and falsely accused of stealing his own possessions was awarded over $163,000 in damages by the Supreme Court.

Latario Rolle recently sued the Attorney General, Commissioner of Police and a police corporal for malicious prosecution, assault and battery, the loss of six of his teeth and false imprisonment.

The legal action arose from an incident that occurred on January 9, 2015. According to court documents, Mr Rolle left his home that day to return a PlayStation game to his cousin.

While he was walking in the Elizabeth Estates area, he was stopped by police officers who were on patrol. When they searched Mr Rolle, they found a photograph of a gun in his phone and subsequently handcuffed him and escorted him back to his residence.

 “Upon arrival, the plaintiff [while still cuffed] was dragged to the backdoor which was forced open by the police after they received no response at the front door,” the court documents said.

 “Once inside, the police [who entered without a search warrant] searched and ransacked the plaintiff’s home. Despite the fact that nothing illegal was discovered, the police charged the plaintiff with unlawful possession of jewellery, the PlayStation console and games discovered in his home.”

 According to the ruling, Mr Rolle immediately asked the officer how he could just “break open his house and arrest him for his own property”. Mr Rolle said it was at that time that the officer charged at him, while he was still cuffed, and began repeatedly punching him in his face. This caused one of his teeth to fall out and another one to become loose. He said despite his injuries, he was denied medical attention while he was in police custody.

 A dental report later disclosed that Mr Rolle “will eventually lose six teeth” as a result of the injury inflicted upon him.

 Four days after his arrest, Mr Rolle was arraigned in the Magistrate’s Court and granted bail. However, he was unable to satisfy the conditions and was remanded to the Bahamas Department of Correctional Services until January 19, 2015.

 Ten months later, he was discharged when the prosecution withdrew their case against him, but he said despite the fact they have not attempted to reintroduce any charges against him, none of his goods have been returned to date.

 Mr Rolle sought over $800,000 in damages from the government after claiming his constitutional rights had been violated. However, after reviewing the circumstances of the case, Assistant Registrar Renaldo Toote awarded Mr Rolle $163,060.85 as compensation for the treatment he endured six years ago.

 In his ruling, he stated the “stability of justice is eroded whenever a person’s liberties are violated by those who are sworn to protect and preserve human rights in a civil society.”

 “The fundamental freedoms and liberties afforded by the Constitution are the essential elements to any democratic society to which the doors of justice are hinged, and its doorbell is the rule of law which reverberates the equitable maxim nemo est supra legis: meaning ‘No man is above the law’,” he said.

 “Simply put, the police are duty bound to act fairly. If these liberties are found to be violated, the courts ought to compensate the victim with the same even handedness in order to vindicate the constitutional right which has been infringed. At all times, the court’s intention will be equality achieved through justice.”

 Registrar Toote also criticised the Office of the Attorney General for how they handled the matter.

 “Let me say for the record, that the Attorney General’s conduct in this matter was rather distasteful and most disheartening as representatives of the state,” he said.

“The matter was attended to with no care or urgency. Crown counsel failed to call any witnesses, cross-examine or even file submissions to defend the allegations. This demonstrates an impenitent disregard towards the plaintiff.”

 Registrar Toote said the failure to cross-examine or call witnesses in matters where the basic rights of a citizen are allegedly abused by those responsible for protecting “the constitutional dignity” did nothing to “rebuff such abhorrent conduct”.

 “I reiterate, that at all times, the court’s intention will be equality achieved through justice; as there is no adequate amount of money that could be awarded to restore the public’s confidence in the police when it has been eroded by abuse.”