Senior Reporter
derek.achong@guardian.co.tt
Popular television host Ian Alleyne has successfully defended a lawsuit brought by a Chaguanas mechanic over being arrested after appearing as a guest on his show.
Delivering a judgment yesterday, High Court Judge Westmin James dismissed the wrongful arrest and false imprisonment case brought by Daniel Ramnath against Alleyne.
The outcome was not a total defeat for Ramnath, as Justice James upheld his related case against the Office of the Attorney General, over the conduct of the police officers who arrested him after he appeared on Alleyne’s show, and awarded a little over $250,000 in compensation.
The lawsuit stemmed from Ramnath’s appearance on Alleyne’s popular Crime Watch show on September 19, 2018.
In the lawsuit, Ramnath claimed he went to Alleyne’s studio in Chaguanas to complain about a customer who owed him money.
He claimed that Alleyne locked him in a room for 75 minutes before two police officers came to the studio and arrested him.
Ramnath was detained at the Chaguanas Police Station for six days before he was eventually released.
He said he was assaulted by police officers while in custody and kept in an unsanitary cell.
The AG’s Office denied any wrongdoing on the officers’ behalf.
It claimed that they lawfully arrested Ramnath based on reports of fraud.
The AG’s Office also contended that Ramnath was detained for almost a week while the officers investigated the reports, and he was released as soon as practicable.
Alleyne, who was represented by attorney Om Lalla, also denied Ramnath’s allegations.
He said Ramnath came to the studio voluntarily and could have left at any time before the officers arrived.
In dismissing the case against Alleyne, Justice James ruled that Ramnath was not arrested or detained by Alleyne, although he (Alleyne) claimed that Ramnath was “a suspect” and “held” in his broadcast on the day of the incident.
“The court is not satisfied that the claimant was wholly deprived of his liberty prior to the arrival of the police,” he said.
“Although the second defendant’s (Alleyne) conduct was plainly self-serving and sensationalist, it did not cross the legal threshold required to establish false imprisonment,” he added.
Justice James also found that the officers had reasonable and probable cause to arrest Ramnath.
“The evidence establishes that a report has been made at the station involving a substantial sum for a vehicle purchase, which, combined with the presence of multiple virtual complainants at the studio, created a sufficient evidentiary basis for a suspicion of fraudulent conversion,” Justice James said.
However, Justice James ruled that the officers should not have detained Ramnath for more than 24 hours based on the information they had.
“The State’s failure to treat the claimant with the requisite sense of urgency regarding his liberty is a serious breach of his constitutional rights, particularly as he was eventually released without charge,” Justice James said.
He also dismissed the aspect of Ramnath’s case, alleging that he was repeatedly assaulted by the officers, as he noted that Ramnath failed to produce medical reports over injuries he purportedly sustained.
Justice James ordered $200,000 in damages for Ramnath for false imprisonment. He also ordered $50,000 in exemplary damages for the officers’ conduct in the case.
The State was ordered to pay Ramnath $40,000 in legal costs for the case. He was ordered to pay Alleyne $14,000 in legal costs for his failed claim.
Ramnath was represented by Kashif Gibson and Mistique Stewart. The AG’s Office was represented by Dhalia Richardson, Herschell Barker and Celine Ramkissoon.
Alleyne was also represented by Carlon McLeod.
