Man Awarded $115,000 After Being Denied Lawyer During 2019 Arrest
A man who was denied access to his lawyer following his 2019 arrest has been awarded just over $115,000 in compensation.
High Court Judge Robin Mohammed granted the award to David Junior Fernando Sanchez after upholding his constitutional motion against the Attorney General’s Office last Friday.
Sanchez was arrested on July 16, 2019, during a police operation targeting illegal quarrying in Wallerfield. While held at the Cumuto Police Station, he was neither informed of his right to legal counsel nor allowed to contact an attorney by phone. Although an attorney was present at the station, Sanchez declined to meet him as the lawyer had not been retained by his family.
Eventually, attorneys Matthew Gayle and Jason Jones of New City Chambers were retained to represent Sanchez. Their initial attempts to meet him at the station were blocked due to a “technical security issue,” and they only represented him three days after his arrest at his first court appearance.
Justice Mohammed ruled that Sanchez’s constitutional rights to liberty, legal counsel of choice, and protection under the law were violated. He criticized the police for failing to provide a clear explanation for denying access to Sanchez’s lawyers.
“The defendant did not clarify the nature of the security issue that arose, such as whether it involved a bomb threat, fire, or serious altercation in the cells. The vague security issue in this case does not override the Constitution,” Justice Mohammed stated.
The judge also found part of Sanchez’s detention unlawful, noting that the police should have completed their investigation and charged him within 24 hours. Sanchez was unlawfully detained for 28 hours.
As compensation, Justice Mohammed awarded $65,000 in damages, $50,000 in vindicatory damages to deter future misconduct, and $26,250 in legal costs.
The Attorney General’s Office was represented by Tricia Ramlogan, Janine Joseph, and Adana Hosang.
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