The Tribune

By PAVEL BAILEY
Tribune Staff Reporter
pbailey@tribunemedia.net

TWO brothers who were wrongly detained by police on suspicion of murder for nearly 24 hours have each been awarded $15,000 in damages by the Supreme Court.

Justice Leif Farquharson found that Emerson Bethel was arrested because officers believed he might be a man known as “Fat Boy”, while his brother Gerard Bethel was detained because he was with him, assumptions the judge said fell short of the constitutional standard required to deprive a person of liberty.

The awards comprised $12,000 in compensatory damages and $3,000 in exemplary damages apiece.

Police arrested the men at a convenience store on Augusta Street and took them into custody at Nassau Street Police Station during a murder investigation stemming from the April 4, 2021, shooting of Anthony Rolle near Shoal Restaurant on Nassau Street.

The claimants later sued the Attorney General and the Commissioner of Police, arguing that their arrest and detention violated their constitutional rights, including the right to protection from arbitrary arrest under Article 19.

During the trial, Emerson Bethel testified that he was at his convenience store when officers approached him, including one he knew as “Cardo”. He said he was asked to step outside and was then arrested and handcuffed in front of family members and staff.

Once at the Nassau Street Police Station, also known as South Street Station, Bethel said he was told he was in custody for murder but given no further details. He said he denied knowing anything about a murder, was searched and placed in a cell.

Bethel said he was released without charge at 4.15pm on April 15, 2021. He claimed he was never known as “Fat Boy” and said he suffered loss of wages because of the detention, though Justice Farquharson noted he provided no details to support that claim.

Under cross-examination, Bethel admitted he was told why he was being arrested three times — when he was handcuffed, again at the police station and by the investigating officer. He also accepted that he had been detained for just under 24 hours, despite earlier saying it had been two days. He told the defence he had “a lil bit of weight” in 2021.

Gerard Bethel also denied ever being overweight or being known as “Fat Boy”. His account of the arrest differed from his brother’s, as he described significant tension. He testified that he was reluctant to go outside and claimed “Cardo” dragged him out, all while he was unaware of the reason for his arrest.

Gerard Bethel said he was arrested in the presence of his family and was not told he was suspected of murder until he reached the police station, which he said was about five minutes away. He later agreed that he had been detained for one day rather than two, acknowledging that more than four years had passed since the incident.

Justice Farquharson found both brothers to be credible witnesses, noting that the passage of time had affected their recollection of some details.

The defence argued that the arrests were lawful and based on reasonable suspicion. They said officers were acting on information from the shooting victim, who told police the shooter associated with a man known as “Fat Boy” from Bain Town.

Police later received information that a man living on Augusta Street was known by that nickname, prompting officers to go to the area on April 14, 2021. The defence said several people known as “Fat Boy” were detained and questioned, including the claimants, and that the brothers were released after being interviewed at CID.

The defence maintained that the claimants were arrested at 6.40pm on April 14 and released by about 4.30pm the following day, and denied liability for any loss or damage.

Counsel for the claimants, Dr K Melvin Munroe, argued that the police lacked reasonable suspicion to arrest either man. He noted that both brothers denied ever being known as “Fat Boy” and said no evidence was produced showing that someone by that name was implicated in the shooting.

Dr Munroe pointed to inconsistencies in police testimony and noted that the victim reported only one shooter. He argued that the fact several people were arrested underscored the weak basis for the claimants’ detention.

In his ruling, Justice Farquharson said the defendants failed to justify the arrests. He noted that in a country with high rates of obesity, the nickname “Fat Boy” was not uncommon and could not, without more, ground reasonable suspicion.

The judge also found that police failed to show that either claimant matched other descriptors provided by the victim, including wearing a construction vest or hard hat. He described the information relied on by police — that persons of interest in the Nassau Street shooting were in the Augusta Street area — as vague and insufficient.

Justice Farquharson ruled that the claimants’ right not to be deprived of their personal liberty under Article 19(1) of the Constitution had been violated and said they were entitled to their legal costs.

Randolph Dames and LaPaige Gardiner represented the defendants.