Lawyer on lawsuit deadline over ‘police intrusion’

The lawyer representing a St Philip man complaining of police intrusion on his home has warned he is holding fast to the deadline for the Attorney General and Commissioner of Police to compensate his client.

Meshach Thornhill declared he would not wait “a day more” than February 21 for the chief law enforcement officers to respond to claims of alleged constitutional breaches by the police against homeowner Daron Kirton.

Home surveillance cameras caught what appeared to be two police officers making an unannounced entry and search of Kirton’s home while he was away at work in December.

Thornhill told Barbados TODAY: “All parties have until February 21 to state their position as it pertains to legal liability regarding the allegations against the Barbados Police Service (BPS). Failing their ability to do so, then we will be filing a claim in the Constitutional Court with respect to the constitutional issues that I am alleging were breached.

“Again, those areas are his right to property, his constitutional right regarding being able to be protected by the law as it pertains to Section 11 (c) of the Constitution, and then his right as it pertains to the unlawful and arbitrary search.”

The legal counsel maintained that he intended to trigger a series of criminal complaints and civil claims on February 21 “like clockwork”.

“A claim then will be filed in that respect, and a claim will be filed in relation to damaged property, and a formal complaint will equally be laid against the officers that were involved…criminal charges. A formal criminal complaint will then be made by Daron, to the Police Service, to have the two police officers who allegedly broke and entered and . . . allegedly stole his property . . . charged,” Thornhill said.

“All now, we are working on drafting the claim because I am not giving them a day more, because at the end of the day, this issue has a big public interest element to it. There are many people who are following the case. So, people really want to see how they intend to treat to this matter. That is why we have to keep their feet to the fire.”

The attorney general and police commissioner’s offices were served by a January 24 pre-action protocol letter, a standard warning letter that precedes an application for court action.

The letter states that Kirton is seeking redress including but not limited to “compensation for the infringement of his constitutional rights, as well as compensation for damage to his property”.

Last month, Barbados TODAY broke the story of the police officers being caught on hidden cameras walking around and picking up various items inside Kirton’s house. The surveillance footage shows two men, one dressed in blue police fatigues and a blue cap and brandishing a large gun with a strap, and the other wearing civilian clothing with a vest with POLICE emblazoned at the front and back and carrying a similar weapon.

The Barbados Police Service has not denied that the individuals caught on camera were police officers.

emmanueljoseph@barbadostoday.bb