Court awards man $6 million for false arrest

May 06, 2017

The Supreme Court has awarded $6 million to 28-year-old labourer David Clarke who was falsely arrested and prosecuted by the police on an ammunition charge.

Clarke sued the Government alleging false imprisonment and malicious prosecution after being freed of a charge of illegal possession of ammunition in 2014.

The Attorney General accepted liability and the matter was set for assessment of damages.

At a hearing yesterday, Clarke's attorney Aon Stewart asked Acting Supreme Court Judge Sonya Wint Blair to make a substantial award as his client had suffered severely as a result of the incident.

 

M16 magazine

 

The police arrested and charged Clarke in September 2011 in connection with the seizure of an M16 magazine with 20 rounds of ammunition in Riverton City, Kingston 11.

He was held in police custody for 34 days before being taken to court.

He was eventually granted bail.

At his trial in the Gun Court in September 2014, Clarke's attorney Bert Samuels argued that there were inconsistencies in the testimony of the police.

He pointed to a statement from a soldier who was on duty with the policemen when the gun was found. In his statement, the soldier said he found the magazine with the ammunition in bushes.

The court upheld the submissions and freed Clarke.

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