A fire officer with more than 20 years’ service who was accused of having marijuana in his possession has won his malicious-prosecution lawsuit against the State. Justice Carol Gobin, presiding in the Port-of-Spain High Court, ruled in favour of Michael Simon, of Brewster Boulevard, West Park, Cocoyea, at the conclusion of the lawsuit.
Simon, who had been assigned to the Mon Repos Fire Station, was accused of marijuana possession, driving without a permit and valid insurance, and failing to produce a driver’s permit to a uniformed police officer. In his lawsuit, Simon claimed the police who arrested him fabricated the evidence against him. They denied his allegations. Gobin has adjourned the case to July 29, when she will assess damages to be awarded to Simon.
According to his evidence, on November 4, 2005, Simon was on his way to Toco when he was stopped at a police roadblock at Valencia Junction. Simon testified when he was stopped, a policeman identified as PC Stephen Bernard claimed to smell burnt marijuana in his car. Simon said he identified himself as a fire officer and told the policeman he had never smoked marijuana in his life. Simon said Bernard and other police searched him and his car and found no illegal drugs.
“As the police officers were walking back towards the roadblock, PC Bernard suddenly exclaimed: ‘I find it!’ and shouted to the other police officers at the roadblock to return,” Simon said. He was arrested and taken to the Sangre Grande Police Station. He said while he was in a holding cell, Bernard asked for his driver’s permit and insurance. Simon said he said he did not have the documents, as they were in the glove compartment of his car, and offered to get them.
“This was the first time PC Bernard ever requested my driver’s permit and policy of insurance,” Simon testified. Simon said without allowing him to go for the documents, Bernard charged him with the four offences. The evidence presented showed Simon attended the Sangre Grande Magistrates’ Court 11 times before magistrate Lianne Lee-Kim eventually dismissed the charges on June 30, 2008, after the prosecution failed to present evidence.
Simon was represented by Abdel Mohammed and Kent Samlal. Christie Modeste and Kendra Mark represented the State.