[ad_1]
NASSAU, Bahamas, CMC – The High Court has ordered Bahamian authorities to pay $2 million to a 36-year-old Jamaican who has been wrongfully imprisoned for nearly 10 years.
The court heard that in June 2006, 18-year-old Matthew Sewell arrived in the Bahamas to visit his father and was arrested days after his arrival on charges of raping a minor.
He was detained for two years until he was released on bail in May 2008. But he was arrested again in April 2009 on another rape charge and remained in jail until he was released on bail in August 2013. Both rape charges were later dismissed.
In 2013, Sewell was arrested again, this time for murder and burglary. When he appeared in court, the murder charge was dropped because he was incarcerated at the time of the murder. He pleaded not guilty to the burglary charge and remained incarcerated until that charge was dropped in March 2014.
The court issued Sewell two release certificates, but he was arrested a month later and transferred to the Carmichael Road Detention Center. In October 2015, a judge granted a writ of habeas corpus.
During his trial, Sewell told the court he was raped, beaten, bitten by rats, had to share an eight-by-eight cell with other inmates and defecated in buckets and bread bags. He said he was allowed limited time outdoors and had to sleep on the concrete floor.
He said he was beaten by police, prison guards, inmates and defence force officers.
The Supreme Court said in a ruling last week that “the court is willing to accept the difficulties faced by the Attorney General’s Office in conducting its defence and complying with the court’s directions.
“However, matters have reached a point where counsel for the accused have been unable to comply with the court’s directions and even to obtain a witness statement from one of the accused, leaving the court with no alternative but to grant the plaintiff’s application to dismiss the defence.
“Of particular note to the plaintiff is that the defendant never apologized during the multiple delays. This undoubtedly reflects on the behavior of the defendant’s servants or agents,” the court ruled.
The Supreme Court further noted that the plaintiff was an 18-year-old young man of good character before his first arrest, but he subsequently found himself in unfamiliar surroundings and faced incredible hardships.
The court noted that “the evidence of Mr. Sewell’s injuries is irrefutable,” adding that “Sewell suffered facial injuries, multiple fractures, permanent facial scarring, leg injuries, and severe short-term food poisoning.
“Sevier was also diagnosed with schizophrenia and post-traumatic stress disorder, both as a result of his prolonged incarceration and abuse, which was also supported by a report by Dr Abell (Consultant Psychiatrist at the University of the West Indies Hospital, Mona, Jamaica).”
Sewell was awarded interest at 6.25%. He was awarded $173,970 in special damages and $594,666.66 in damages for false imprisonment and personal injury.
He was also awarded $378,000 for future care, $144,881,72 in emotional and psychological damages, $250,000 in malicious prosecution damages, $120,000 in damages for violation of Sewell’s constitutional rights, and defense and compensatory damages.
He was awarded a total of $2,011,578,38 in damages.
(Jamaica Gleaner)
[ad_2]
Source link
