Government has 14 days to respond “favourably” or law suit will be filed

Government is being threatened with a lawsuit over the alleged breach of a former prisoner’s constitutional rights.

Queen’s Counsel Michael Lashley, attorney for Shad Gabriel Orlando Slocombe, today dispatched letters to Commissioner of Police Tyrone Griffith and Attorney General Dale Marshall, giving them 14 days from receipt of the correspondence to favourably reply or they will face the law courts.

Lashley told Barbados TODAY his first wish is for an out-of-court settlement for undisclosed damages.

“Failing that, we will sue,” he declared.

Lashley initiated the action after his client was set free on five counts of aggravated burglary during his appearance before High Court Justice Carlisle Greaves last week, when an alleged confession statement was thrown out.

The attorney claimed Slocombe was not treated as he should have been while in custody and being interrogated, thus leading to the legal action now threatened against the authorities.

Last Wednesday, during Slocombe’s trial, a voir dire was held in the absence of the jury, to determine the admissibility of a statement allegedly made by Slocombe on February 2, 2018 at Hastings Police Station.

Lashley had objected to the statement, on the grounds that his client was beaten and ill-treated and not fed while in police custody and during the taking of the alleged confession statement.

In an interview with Barbados TODAY, the senior counsel also contended that his client, who was 18 years at the time, was not fed until the day after the alleged statement was taken. He said the police station diary confirmed that.

“It was unfair to question the accused man from the evening time until the night time without being fed, and this sapped his will. The station diary also revealed that he was asthmatic,” the Queen’s Counsel said as he explained what he told the court.

After hearing submissions from Lashley as well as prosecutor Neville Watson, who appeared in association with Rudolph Burnette, Justice Greaves threw out the confession statement, deeming it inadmissible, and set Slocombe free on all counts.

His co-accused, Niko Antonio James, had pleaded guilty to the same charges two months earlier.

Slocombe, of Country Park Towers, St Michael, had been charged along with James, with entering Mohammed Patel’s home as a trespasser and stealing two cellular phones and $1 700 in cash belonging to Patel. The total value of the stolen property was $4 000.

They were also charged with stealing, from the same house, one cellular phone and $50 (total value $1 850) belonging to Asef Mangera; $300 belonging to Latif Patel; one cellular phone and $350 (total value $2 150) belonging to Ahmed Kara; and one cellular phone and $50 (total value $1 850) belonging to Ismail Hans.

At the time of the incident, lawmen said, the two had a firearm and a knife.

Slocombe had pleaded not guilty to the charges on November 2, 2020, before Justice Greaves.

Attorney Seantelle Parris appeared in association with Lashley who described the ruling in his client’s case as historic, as he noted that it is rare for confession statements to be thrown out in a voir dire.

He contended that police could have recorded Slocombe’s station on camera, a procedure that currently has legislative backing.

(emmanueljoseph@barbadostoday.bb)