A Marabella man, who was arrested at his home and kept in police custody for six days, has won his lawsuit against the state.
Anthony Morgan, who was released by the police without being charged, filed a claim in the San Fernando High Court through his attorney Kevin Ratiram, for wrongful arrest and false imprisonment.
The matter did not go to trial as Justice Robin Mohammed upheld an application by Ratiram to have the defence struck out.
The judge found that even if the facts of the arrest were true, the state did not disclose a defence in law.
According to the statement of case, Morgan was at his West Bayshore home around 11 am on September 15th, 2017, when a large contingent of police officers arrived, ran into his home and two of them pushed him against a wall. He said several police officers pointed guns to his head in the presence of his five-year-old son, as well as his wife, who was holding their one-month-old baby. The officers reportedly asked him if he was Morgan and then arrested him. He was taken to the Marabella Police Station where he was placed in a filthy cell with four other men.
Morgan said the toilet was a hole in the ground and it smelt of human waste. He also claimed his attorney was not permitted to speak to him. He said he was forced to sleep on the ground as there were no sleeping accommodations.
Morgan said three days later, he was taken out of the cell and interviewed by a Sgt Simmons, who reportedly told him that someone had been kidnapped and the police had a telephone recording of him telling someone to “bring cockset and crix to the mangrove”. He reportedly denied having any such conversation with anyone.
According to Morgan, he was taken to the San Fernando Police Station the next day, where he was put in another cell. Later that day, he was taken to a room and shown photos of men on a cellphone. He was taken back to the cell and released by the police on September 21st, 2017.
The judge ordered the state to pay costs.
Damages are expected to be assessed by the court in January 2021.