A HIGH Court judge has found that five men killed by police during a 2018 operation in Laventille were unlawfully shot.
The judge has ordered the State to compensate their families more than $4 million.
In her decision, Justice Marcia Ayers-Caesar ruled that the conduct of the officers amounted to assault and battery and misfeasance in public office, as she upheld claims brought on behalf of Mechack Douglas, Shakeem Francois, Shaundell St Clair, Nicholas Barker and Kudiem Phillip.
The ruling stems from an incident on October 25, 2018, at Upper Wharton Street, Trou Macaque Road, where the group had gathered behind a house.
Evidence accepted by the court was that Douglas, 22, had been playing cards and listening to music with friends when officers attached to the Inter-Agency Task Force (IATF) entered the yard, allegedly taunted him and shot him in the chest.
St Clair, who was 19, tried to run but was chased, struck with a firearm and then shot. Francois, Barker and Phillip—aged 15, 23 and 17—were also killed. Another man managed to escape and hide.
The State had contended that the men opened fire on officers, triggering a shoot-out. However, Ayers-Caesar rejected that account, finding it unreliable and unsupported by the evidence.
She pointed to autopsy results which showed that Douglas and St Clair were shot at close range to the chest, contradicting the version advanced by the police.
The judge also raised concerns about two firearms which officers claimed were recovered from the scene, noting their condition.
“It is passing strange that neither weapon had a trace amount of blood, dirt, or any appearance as if they had been used at all,” she said.
Ayers-Caesar further noted the absence of forensic material to support the State’s case and highlighted inconsistencies in the accounts given on behalf of the defence.
“Given the overabundance of inconsistencies in the evidence presented on behalf of the defendants, the court holds the position that on a balance of probabilities the claimants have produced a more plausible and probable explanation for the unfortunate incident,” she stated.
The judge was also critical of the police investigation, pointing out that officers were not interviewed separately and that independent witnesses were not properly questioned.
“The inadequacy of the investigation on the part of the TTPS to take any steps to properly and thoroughly investigate this matter can only lead one to conclude that there may have been attempts to cover up what actually took place,” she said.
Officers acted in bad faith
Having determined that the killings were unauthorised, Ayers-Caesar found that the officers acted in bad faith and with reckless indifference to the legality of their actions, grounding liability for misfeasance in public office.
“The unauthorised killing of the men on the date in question, coupled with the incredulous defence which they have put forward, clearly shows that the party of officers acted in bad faith,” she added.
Each estate was awarded $125,000 in general damages for assault and battery and $75,000 for misfeasance in public office. Additional sums were granted as aggravated and vindicatory damages to reflect the court’s condemnation of the officers’ conduct.
The claim was led by Senior Counsel Lee Merry, with attorney Ajesh Sumessar also appearing for the families. The Office of the Attorney General was represented by Stefan Jaikaran and Janine Joseph.