52-year-old man awarded $20,000 for being unlawfully arrested in the Bahamas
A 52-year-old man who was unlawfully arrested and detained by police for nearly three days was awarded $20,000 for false imprisonment.
In an August 31, 2021 decision by Supreme Court Deputy Registrar Carol Munnings-Misiewicz, Michael Rudolph Martin, the plaintiff, was also awarded $10,416 for legal costs.
Corporal 3880 Frazier, the commissioner of police, and the attorney general are listed as the defendants.
Corporal 3880 Frazier, the commissioner of police, and the attorney general are listed as the defendants.
The decision states that Martin, 52, was home in the early morning hours of November 1, 2018.
“Police officers accosted him in his home in the middle of the night (or early hours of the morning since it was around 4 a.m.),” Misiewicz said.
“He was shown a warrant that had ‘Michael Martin Jr.’ on it.
“The plaintiff told the officer that he was Michael Martin Sr. and that he was not the person they were looking for, but the officer ignored him and arrested him anyway.
“He was forced to get dressed in the presence of the officers, meaning that he was given no privacy. The plaintiff was escorted out of his home to an unmarked vehicle, placed in handcuffs, put into the vehicle, and taken to a police station.
“Once the plaintiff was at the Carmichael Road Police Station, he was photographed and then placed in a cell.
“After some time in that location, he was moved to the Central Detective Unit, kept in a cell there, and then later was returned to the Carmichael Road Police Station.
“The conditions at each location were equally unpleasant. It was unclear which station he was describing, but I accept his evidence as to the nature of what it was like. He says that he was in a cell with no toilet, just a concrete slab floor.
“It was a small room, about five feet by six feet, with four other males occupying the cramped space. It was filthy and contained garbage from containers from previous meals. He had to sleep on the floor, use his shoes for a pillow, and had to urinate in plastic bottles.
“He was kept in these unhygienic and unpleasant conditions for a total of 62 hours. The plaintiff further testified that he had no visitors, save for his attorney, although he was allowed to receive meals and medications brought by his wife.”
Martin was eventually released without ever being charged with any offence, the ruling noted.
The detention record showed that he was arrested at 4:25 a.m., arrived at the Carmichael Road Police Station at 4:37 a.m., and was remanded into custody for two and a half days until he was released on November 3, 2018, at 6 p.m., the decision added.
The evidence on the assessment was uncontested by the defendants.
“There was no dispute either as to the fact of the arrest or the conditions under which the plaintiff was held,” Misiewicz said.
Attorney Melvin Munroe, who appeared on behalf of the plaintiff, sought $30,000 for unlawful arrest and false imprisonment.
But Misiewicz determined that “a sum less than $30,000 but more than $10,000 is appropriate”.
“I award the plaintiff $20,000 for damages for unlawful arrest and false imprisonment,” Misiewicz determined.
Attorney Kenria Smith appeared for the defendants.
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