BASSETERRE, St. Kitts – ONCE again taxpayers have to foot the bill for what is being said in some quarters as “incompetence and lack of professionalism” by some members of the Royal St. Christopher and Nevis Police Force (RSCNPF).
This time, it is an incident that involved a young Nevisian whose name and photo were published on mainstream media, as well as social media, after he was arrested and charged for possession of a firearm that was found within an area where he was ‘liming and not on his person.
He is Caldre Chapman of Crook’s Ground, Gingerland, who was arrested on April 20, 2017 and three days later charged with the offences of Firearm Possession and Smuggling of a Firearm and Ammunition.
However, on February 6, 2018, 10 months after he was charged, Chapman had attended the Charlestown Magistrate’s Court where the charges were withdrawn by the prosecutor for lack of evidence.
Unlike the norm in which the RSCNPF would inform the public through press releases of charges preferred against individuals and also when they would have been convicted, nothing came from the law enforcement entity depicting that Chapman was exonerated.
As a consequence, the young man filed a claim for declarations and damages for wrongful arrest and/or false imprisonment against the Attorney-General of St. Kitts and Nevis.
The matter was heard on September 28 through December 1, 2020 in the High Court before His Lordship Justice Ermin Moise, with Mrs. Sherry-Ann Liburd-Charles as counsel for Chapman and Ms. Eshe Hendrickson Johnson for the AG.
According to court documents, the evidence presented by Chapman was credible and in handing down his judgment, Justice Moise declared that:
(a) The claimant’s arrest and detention for a period of seven days was unlawful;
(b) The defendant is to pay the sum of $31,000.00 in damages to the claimant for loss of earnings;
(c) The claimant is entitled to restitution of his jewellery and other items taken from him at the time of his arrest and detention. In the event that his gold chain is not returned to him within a period of 21 days from the date of this order, he is to be paid damages in the sum of $5,000.00;
(d) The defendant will pay the sum of $23,600.00 in general damages for wrongful arrest;
(e) The defendant will pay the sum of $30,000.00 in aggravated damages to the claimant;
(f) The defendant will pay interest on damages at the statutory rate from the date of this judgment until the debt is paid in full; and
(g) The defendant will pay prescribed costs in accordance with the CPR.
A source close to the Chapmans family indicated to this media house that though the young man is not pushing for a public apology from the RSCNPF, it would be wise for a public statement to be made in order to clear his name and rectify the current problem.
The source acknowledged that there are a number of persons who were also in a similar position, treated unfairly and need justice, but the police have not sought to address those concerns.
This media house has over the years received numerous calls and concerns about persons who were wrongfully arrested and had their names cleared, but the Police Force failed to acknowledge that fact.
In fact, it was argued that many people failed to challenge the police on wrongful arrest and/or conviction because they were unable to gain a lawyer to fight their case.
Chapman’s problems with the lawmen began when he went to Pearlett’s Shop at Rawlin’s Village at approximately 10:30 a.m. on April 20, 2017. He told the court that he went to the shop “to chill” and met three other persons there sitting on a bench. While there, a few more persons arrived and they were engaged in some socialising.
He stated that the shop was closed but he and his companions were seated on the premises outside.
During that time, Chapman claimed he had observed a Toyota Rav 4 driving on the road next to the shop, within which were four soldiers of the St. Kitts and Nevis Defence Force dressed in camouflage and armed with long guns.
One of the soldiers, who he described as the leader, said good morning and no one answered. The soldier then said “everybody on the f***g ground”. and one of the persons with whom he was socializing apparently stated that “you not supposed to be searching us without the police.”
Chapman said the solider replied saying, “You want to f***g test me this morning?” And that led to the other three soldiers cocking their weapons.
In his evidence, Chapman also said that after the soldiers had cocked their weapons, everybody started to move and the leader instructed them to go to the stage in the yard of the shop and lay face down with their hands behind their heads.
They complied with the orders and, in doing so, Chapman said he could no longer see what the soldiers were doing but he heard noises coming from a distance as if they were conducting a search.
He claimed to have heard something like a big stone being moved and one of the soldiers apparently made a phone call, after which members of the Police Force from the Gingerland Police Station arrived at the scene and were shortly thereafter followed by members of the Criminal Investigations Department.
Chapman and the other persons who were present at the scene were told to stand up and were all handcuffed by Police Officer Weekes and taken to the area where the Toyota Rav 4 was parked.
He stated that whilst approaching the vehicle, he overheard one of the officers saying, “We got him now.” At that time, Chapman said he had noticed a pillow case in the trunk of the vehicle with a mask, guns and ammunition laid out, and one of the police officers said, “I am going to lock up all of you for bad mind.”
Chapman further stated that he was placed in the back of a police pick-up truck, escorted to the Gingerland Police Station and placed in a cell with the five other persons who were arrested with him. And whilst at the police station, he was placed against a wall and searched, and later escorted to his home where he resided with his mother.
At his home, Chapman claimed he told the officers that his keys to the residence were taken from him at the police station, but the officers entered the house by breaking a window. Nothing of substance was found and, for their actions, the police claimed that they were in possession of a search warrant.
He was subsequently taken to the Charlestown Police Station and placed in a holding cell. In his evidence, he stated that the cell was unlit, hot, emitted a foul smell and he was forced to sleep on a concrete bench with no bedding.
He also stated that the ventilation was poor and described it as being extremely upsetting for him to have remained in that condition for seven days, during which time he was questioned twice by police officers who requested saliva samples from him, but he declined.
Whilst detained at the Charlestown Police Station, he was again taken to his home in order for a search to be conducted, which resulted in the police taking custody of two black shirts and a short camouflage pants.
After being slapped with four charges, Chapman was granted bail on Thursday, April 25, 2017 but had remained in custody until Saturday, April 27, 2017.
Chapman stated that when he was initially arrested, he had two cellular phones, a silver bracelet with his name engraved in gold and two gold chains. Those items were taken from him upon his detention. However, when released on bail, the items were not initially returned to him but allegedly kept as part of the police investigation.
He told the court that after the charges were withdrawn by the prosecutor for lack of evidence, his cellphones were returned to him but he did not recover his gold chains and silver bracelet from the police.
Chapman also complains that his reputation had been ruined as a result of the publicity derived from the charges leveled against him and that he was thereafter perceived as a gunman and persons were looking and pointing at him. He also felt emotionally traumatised.
The court was also told that since the charges against him were dropped, he eventually found employment as a bus driver, but he was so often stopped and searched by the police that the owner of the mini-bus relieved him from his employment.
He further stated that prior to his arrest he had been enlisted in the farming programme in Canada. He had proceeded to that country the previous year and had again applied for the year 2017, but he remained convinced that the charges leveled against him was the reason for his inability to proceed to Canada thereafter.
The defence led evidence from Nigel Caines of the SKNDF, who said he had instructed Private Carey to search the area. Carey, he said, came across a loose rock that came out from a hole by the shop. He observed Private Carey searched the hole and removed a white mask and a pillow case, which were handed over to him.
Contrary to Chapman’s account, Caines claimed to have placed the items on a table in the presence of Chapman and his companions. And on opening the pillow case, he saw what appeared to be firearms and ammunition.
Caines stated that he immediately closed the pillow case, contacted the Gingerland Police Station and ordered Chapman and the other persons present to get on the stage face down with their hands on their head.
The police, he said, arrived about 25 to 30 minutes later and he handed the items over to Sergeant Ray Gordon.
In his evidence, Sergeant Gordon acknowledged receiving the items from Caines and he, in turn, handed the pillow case over to Corporal Weekes whom he observed removing what appeared to be one Cobray Semi-Automatic pistol, one jacket hallow point cartridge of 9mm Lugar caliber and one extended magazine of 30 rounds and two full metal jacketed ball point 9mm Luger cartridges and a white mask.
He also stated that Chapman and his companions were cautioned, arrested on suspicion of possession of firearm and ammunition and escorted them to the Gingerland Police Station, where he instructed an officer to place them in a holding cell.
After listening to evidence from the claimant and the respondent, Justice Moise had found Chapman’s evidence to be credible and stated: “One can harbor no doubt about the significant role which law enforcement officers play in ensuring that the islands on which we live are peaceful and stable. The citizens of the Federation of Saint Christopher and Nevis are at times plagued by the effects of serious violent crime. The powers of arrest, detention and prosecution are significant in curbing such violence and ensuring that perpetrators of crime are brought to justice. However, the exercise of those powers must at all times be subject to an appreciation of the fact that we do not live in a police or militarised state. The citizen must also enjoy his right to freedom of movement and the general dignity of the person without the threat of harassment and abuse by the police of the powers they have been granted by law.”
The learned Judge also said: “…the common law has long recognised the torts of wrongful arrest and detention and provided remedies to citizens where these have been committed by agents of the state. In essence, the law requires that where a police officer arrests a citizen without a warrant to do so, he must have reasonable and probable cause to believe that the arrest and/or detention is justified according to law in that the person is either about to commit or has committed an arrestable offence.”
Justice Moise further stated that “the evidence upon which the police rely at the stage of arrest need not be admissible evidence”.
