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alexk
Guest
The fall-out from the 2011 State of Emergency continued yesterday with a Vistabella man who was charged with being a gang member being awarded more than $250,000. Justice Nadia Kangaloo in awarding the compensation to Ken Gresham said a message had to be sent to police officers that in arresting people they must be vigilant and not merely engage in a rubber-stamping process.
The judge found that the evidence of charging officer PC Guerero was sorely lacking as to the specific information which led to him charging Gresham under the Anti-Gang legislation.
Gresham was represented by attorneys Kevin Ratiram and Shaun Teekasingh in the malicious prosecution case.
He said around 7.30 am on August 23, 2011, police came to his home, claiming they had a search warrant but none was produced to him. He said the officers did not identify themselves to him. The officers searched his home and nothing illegal was found.
He was arrested and taken to the Marabella Police Station where he was put in a cell. Three days later, he said, Guerero came to the cell and told him he was charging him for being a gang member. He was charged and taken to the San Fernando Magistrates Court where he pleaded not guilty.
He was denied bail and remanded to prison at Golden Grove, Arouca. Gresham said he was placed in a ten by ten cell with seven other men and had to use a bucket as a toilet.
He claimed he was forced to sleep on the ground since there were no sleeping accommodations.
And on September 29, 2011, at the magistrates court, Director of Public Prosecutions Roger Gaspard offered no evidence and the case was dismissed.
However, Gresham said after he was released people would tell him, ‘You get charge for being a gangster boy,’ which caused him extreme embarrassment.
Gresham, a welding fabricator, denied Guerero claims that he was engaged in a criminal network, in the sale of narcotics and firearms or was part of a gang operating out of the Marabella and Vistabella area.
Guerero, who at the time was attached to a High-Performance Team, said he charged Gresham based on information and instructions received from his senior officer.
The State was also ordered to pay interests and costs.
Attorney Coreen Findley and Kelisha Bello represented the State.