Attorneys for Anton “Boombay” Boney made the claim before Justice Vasheist Kokaram in the Port-of-Spain High Court on Wednesday when they presented submissions in his false imprisonment lawsuit. Boney is challenging the police’s right to detain him for more than a week without being charged.
His attorney, Lee Merry, said Biney would receive between $100,000 and $150,000 in compensation if successful in as ordinary case, he was entitled to between $450,000 and $500,000 due to the peculiar circumstances of the case. “This is not over using obscene language, it is being accused of plotting to overthrow the Government by murder,” Merry said. He said in addition to being linked to the plot in local and international media, police further damaged his client’s reputation when they allegedly leaked false information that they seized terrorist propaganda material when they searched his home and arrested him on November 29, 2011. Responding to claims from State attorneys that police legally arrested and detained Boney under emergency regulations passed by Parliament as part of that year’s state of emergency (SoE), Merry said the police were still required to justify why they suspected he could possibly commit an act to jeopardise national security.
He said lead investigator, retired Deputy Commissioner of Police (DCP) Mervyn Richardson failed to produce an intelligence report which detailed the plot or the police’s file on the investigation, which gave details on the reasons for Boney’s protracted detention.
“Why is the court being put in that position? Richardson should not believed based on what he has said,” Merry said.
He described Richardson’s explanation of the investigation as highly improbable. State attorney Coreen Finley saud the report was confidential and could not be disclosed as it dealt with matters of national security. “If this is allowed to pass then police would have a free rein in this country,” Merry said.
Merry also contended that Boney was arrested under false pretences as the police officer who detained him admitted he was told by his supervising officer that Boney was to be held for an outstanding warrant, not for the alleged plot.
“He admitted he never read the emergency regulations and was proceeding on the directive of his superiors,” the attorney said.
Justice Kokaram is expected to deliver his judgement in the case next Thursday. Boney, who has been on remand since being charged with conspiring to murder and attempted murder of another in 2014, was brought to court for the hearing.
The John John, Laventille, resident is also facing charges for being a gang leader. He is also being represented by Kelston Pope.
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