A police officer who was arrested but never charged in 2014 is set to receive a hefty compensation of $350,000 from the State. The decision was made by Justices of Appeal Peter Rajkumar, Ronnie Boodoosingh and James Aboud, who also criticized the prolonged detention of the suspect by the police.
The ruling overturned the orders of High Court judge Nadia Kangaloo as they upheld Sadiq Rakeeb Ali’s lawsuit challenging his arrest and subsequent four-day detention. According to Rajkumar, who delivered the decision, Kangaloo failed to properly evaluate the evidence and failed to see that there was no reasonable and probable cause for Ali’s arrest, deeming his 96-hour detention unlawful.
Rajkumar highlighted nine “significant aggravating factors” associated with Ali’s detention, emphasizing the impact it had on Ali as a serving police officer. The prolonged unlawful detention left a stain on his character and reputation, leading to significant mental distress that required medical treatment.
Ali, who left the police service in 2015, was arrested after being summoned to the Professional Standards Bureau (PSB) on May 9, 2014, where he was accused of removing a package of marijuana from a man’s mailbox to protect him. Despite denying the allegation, Ali was arrested and subjected to an identification parade, which was ultimately inconclusive.
Rajkumar criticized the lack of oversight by senior officers at the station, highlighting the alarming lack of action in arranging for the identification parade, which led to the prolonged detention of Ali. The judge emphasized that damages are a poor compensation for the ordeal Ali had to endure through no fault of his own.
Represented by Nera Narine-Mollick, Ali’s case shed light on the oppressive, arbitrary, and unconstitutional conduct of the State. The judge underscored the need for arresting officers to justify arrests and subsequent detentions, emphasizing that any continued detention without reasonable and probable cause infringes on the Constitution of TT.
The ruling serves as a reminder of the importance of upholding justice and the rights of individuals, even within law enforcement agencies. As Ali moves forward with his compensation, the case stands as a stark example of the consequences of wrongful arrests and prolonged detentions in the legal system.
