Retired cop gets compensation for illegal arrest

A 70-year-old retired police sergeant who was charged with being in possession of a capuchin monkey, without a permit, has been awarded $80,000 in compensation for his illegal arrest.

Last Wednesday, Master Martha Alexander assessed compensation for Sgt Azim Hosein who was arrested at his home on July 17, 2014.

In 2017, Hosein obtained judgment on liability for false imprisonment and malicious prosecution and it was sent to the Master for assessment.

In her decision, Alexander awarded $70,000 in general damages and $5,000 in special damages for the money he spent in legal fees.

Hosein arrested by a game warden and a “battery of estate police officers, packed into three vehicles.” He was taken to the Freeport Police Station where he was charged.

As part of the evidence in support of the assessment, Hosein, who was represented by attorney Sunil Gopaul-Gosine, provided receipts, his bail bond, an application to keep protected animals at his home, which he shared with a nephew and his wife, and two permits.

The permits would have expired in August and December 2014 and according to the judgment “clearly document the protected species, sexes and quantities permitted to be kept, the purpose and the renewal date of January 31, 2015.”

The permits were in Hosein’s nephew’s name and allowed him to keep a variety of exotic birds and a capuchin monkey.

He said when the game warden and the estate police entered his yard, he was told they did not need a warrant. Hosein was handcuffed and made to sit in one of the vehicles for two and a half hours before he was taken to the police station where he was charged. He only got bail around midnight that night. The next day, the matter against him was dismissed when he appeared in the magistrates’ court.

Hosein insisted that the game warden knew the monkey belonged to his nephew. He said he felt ashamed, belittled and humiliated since his arrest was featured on several websites, including the then Ministry of the Environment and Water Resources, on Facebook and other news sites and broadcasts.

He said he still suffered from the effects of the incident. While she found no evidence of him being kept in deplorable conditions at the police station, Alexander said it was “unacceptable” that he was deprived of food and medication for diabetes and high blood pressure.

The State was represented by attorneys Andrew Lamont, Ebo James and Nairob Smart.