Government apologizes for false detention of man – Eye Witness News
NASSAU, BAHAMAS – The government has apologized to a man who was wrongly detained at Carmichael Road Detention Center amid a Supreme Court order that determined the government was responsible and must pay costs and damages to be determined to the complainant.
Joseph Amihere was appointed applicant.
He was mistakenly believed to be one of the Jimmy Millers during his detention.
The defendants were listed as the attorney general, the minister and director of immigration, the commissioner of police and the officer in charge of the Carmichael Road detention center.
Supreme Court Justice Indra Charles delivered her ruling yesterday.
In the six-page order, the judge noted that “while the defendants, with deep regret and solemn empathy towards Mr. Joseph Amihere and his family, accept that this treatment was intolerable and inexcusable, hereby present apologies to the applicant for the unlawful imprisonment and treatment received during his unlawful detention ”.
Lawyer Fred Smith, QC, represented Amihere, as well as lawyers Ravel Rolle and Keath Smith.
Lawyer Shaka Serville and Rashied Edgecombe represented the defendants.
“It is hereby ordered by consent that the judgment be and is hereby engaged on the liability of Mr. Joseph Amihere, subject, as mentioned above, to damages to be assessed”, it reads in the decision.
“The costs of this action and occasioned by this action must be paid to Mr. Joseph Amihere by the defendants on a basis of full indemnification of the lawyer of his own certified client able to impose two lawyers if they are not agreed. until the date of this Ordinance and thereafter, on a party and party basis. “
As part of the order, Amihere must agree to reduce its false imprisonment claim to 48 hours (two days); whereas conditions in the Carmichael Road Detention Center have improved during the last six months of his detention under the leadership of Peter Joseph; withdraw requests made in accordance with Articles 21 and 26 of the Constitution of the Bahamas; accept the apologies of the defendants; and in consideration of this, to agree that by the date of the decision, the aggravation of damages, occasioned by the defendants’ defense of the indefensible to date and the failure to apologize, had ceased.
The order noted that the defendants concede liability in all other respects for Amihere’s claims as set out in his writ, consent to an order for damages to be assessed, apologize to him and acknowledge that he did not is not the person known as “Jimmy Miller”, as well as paying him the costs of the action.