Man Held 18 Months Without Warrant, State to Pay Him $771,000

The State has been ordered to pay Cocorite resident Kern Parkinson $771,386.78 after the High Court upheld his claim for malicious prosecution stemming from his arrest more than a decade ago.

Parkinson was arrested on November 12, 2015, after police officers claimed they executed a search warrant at his Upper Freedom Street, Cocorite home and discovered marijuana and a bulletproof vest.

Parkinson admitted that marijuana was found at the property but denied possessing the bulletproof vest. He maintained that officers did not show him a search warrant and claimed the vest was only shown to him after he had been arrested and placed in a police vehicle.

He was subsequently charged with marijuana possession and possession of a bulletproof vest for the benefit of a gang or gang member. The gang-related offence was non-bailable at the time, and Parkinson spent approximately 18 months on remand before eventually being granted bail in 2017.

Parkinson later pleaded guilty to marijuana possession and was reprimanded and discharged. He contested the charge under the Anti-Gang Act, which was eventually discontinued by the Office of the Director of Public Prosecutions in May 2018.

In ruling on Parkinson’s lawsuit, High Court Judge Justice Robin Mohammed found him to be a credible witness while finding the evidence presented by three police officers unreliable and partially fabricated.

The court also noted that crucial evidence, including the search warrant, was not disclosed in the case. Justice Mohammed found that the officers did not have reasonable or probable cause to charge Parkinson with the gang-related offence and inferred malice from their conduct.

The court awarded Parkinson $525,000 in general damages, including aggravated damages, for his loss of liberty, emotional distress and humiliation. A further $75,000 was awarded in exemplary damages.

The State was also ordered to pay $85,941.78 in interest and $85,445 in legal costs, bringing the total to $771,386.78.

The judgment brings an end to a legal battle arising from Parkinson’s 2015 arrest and the 18 months he subsequently spent behind bars.

Article and image source: tiktok.com