NEWSDAY JULY 25, 2 K 14 Nursing assistant awarded $75,000 for wrongful arrest By STACY MOORE Friday, July 25 2014 A Former nursing assistant was awarded $75,000 in damages for wrongful arrest, false imprisonment and malicious prosecution. Jennifer Charles was arrested on September 8, 2011 and charged with house breaking and larceny following a report made by her sister. Charles was at the San Fernando General Hospital visiting her ailing mother when her sister gave her a key to her mother’s home to retrieve some personal items for her ailing mother. Shortly after arriving at her mothers home, three police officers arrived on the premises advising they were responding to a report of house breaking at the said location. Later that night Charles was arrested and charged with house breaking and larceny. Charles was charged for house breaking and larceny of US $300, TT $1,000, a gold chain and several other items belonging to her sister — Sabrina Charles. Charles denied the allegations made against her and informed the police officers that the report of house breaking and larceny were malicious in nature; that she, had made a report to the San Fernando Police Station of the threats made by her sister to have her arrested and charged. Charles subsequently appeared before the Siparia Magistrates Court on September 9, 2011 where she pleaded not guilty to the offence and she was placed on $5,000 bail. The matter proceeded to trial in the Siparia Magistrate’s court. On January 9, 2012, magistrate Gail Gonzales upheld a no case submission made by Charles’ attorney Cedric Neptune following which the charge against her was dismissed. Through Neptune, Charles sued the Attorney General for wrongful arrest, false imprisonment and malicious prosecution. On Monday Justice Frank Seepersad sitting in the San Fernando High Court in passing his ruling found that there was undue haste to arrest and charge Charles. Seepersad said that on a balance of probabilities there was no probable and/or reasonable cause to arrest and charge Charles. Neptune was instructed by Marissa Bobb whereas the State was represented by Rachael Thurab instructed by Brent James.
Posted on: Fri, 25 Jul 2014 11:30:28 +0000
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