Roshaine Clarke awarded more than $17M in damages after court rules his detention during 2018 SOE was unconstitutional

The Constitutional Court has ruled that the detention of Roshaine Clarke during the State of Emergency in St. James in 2018 was unconstitutional and has awarded him more than 17 million dollars in damages.


Clarke was detained by the security forces for several months without being charged with a crime.


In disposing of the case this morning (June 17), the court held and declared that Emergency Powers Regulations in respect to the fundamental right of freedom of movement, and in respect of the fundamental right to liberty, breach the Charter of Fundamental Rights and Freedoms of the Constitution.


The regulations were declared unconstitutional, as they gave the authorities unduly unfettered power to abrogate the fundamental rights of a wide class of persons in society without evidence establishing that they were reasonably justified for achieving the purposes of the SOE.


The court also found and held that the claimant’s fundamental rights and freedoms under the Constitution had been violated.


As such, he was awarded a total amount of 17 million, 862 thousand dollars, inclusive of compensatory, vindicatory and aggravated damages.


Justice Chester Stamp read the ruling.






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