Court Awards Plaintiff in SOE Lawsuit against Government

St. James Resident, Rushaine Clarke was awarded 17 million dollars by the Constitutional Court. The court upheld that Clarke’s constitutional rights had been infringed and violated and is entitled to redress.

Presiding Judge Chester Stamp says this case raised issues of paramount national importance in an area where the fundamental rights and freedoms of individuals in Jamaica traverse the measures adopted by the state to protect the society in general. It took 10 minutes for Rushaine Clarke to be vindicated after a  3 year legal fight. The St. James Taxi Operator  has been awarded 17 million dollars  after winning his lawsuit against the attorney general for unlawful detainment during the 2018 State of Public Emergency (SOE) in the parish.

Clarke was detained for seven months. He was never charged for an offence. He asserts that his detention and treatment by the security forces was in contravention of his fundamental rights guaranteed by the constitution of Jamaica. Constitutional Court Judge Chester Stamp passed down the ruling Friday morning. He was awarded a total amount of 17 million 862 thousand dollars inclusive of compensatory, vindicatory and aggravated damages.

Jamaicans for Justice Executive Director Mikel Jackson welcomes the ruling. But with this being the second SOE matter where the claimant was favoured, she raises concern that the government has scant regard for the judiciary and its position on SOE’s. Jackson urges the government to use methods such as sustained community policing in communities. The ruling was passed mere hours after a state of emergency was declared in St. Catherine.

Reporter: Jhanielle Powell