CHARLES Montique, the man who was freed by the circuit court in 2017 after spending three years behind bars but was not guilty, is suing the Jamaican Government and arresting officer for false imprisonment and malicious prosecution.

Montique, who was arrested and charged for robbery and murder in 2014, was freed by the Home Circuit Court in downtown Kingston after an application by his attorney, Anthony Williams, who argued that his client had been a victim of mistaken identity.

There was also an admission by the Crown that its case would not have survived a no-case submission application as no prima facie case could have been established against Montique.

In the latest turn of events, Williams, on April 1, filed claim documents on behalf of Montique in the Supreme Court against the cop and the attorney general seeking $2.6 million in special damages (out-of-pocket expenses) and general damages (compensation for losses suffered due to the defendant's actions), which could amount to $15 million or more depending on the court's decision or the agreement among the different parties.

According to the documents, a copy of which was obtained by the Jamaica Observer, the cop “unlawfully, maliciously” and “without reasonable or probable cause, falsely arrested and incarcerated Montique” at the Old Harbour Police Station and then at the Half-Way-Tree Police Station, after which he was transferred to the Horizon Adult Remand Centre.

According to the claim, the police officer “failed or neglected to conduct a proper and or thorough investigation to ascertain the true and proper identity of who the alleged assailant was, having regards to the witness statement provided by the complainant, as well as other witnesses in respect of the murder and robbery” on October 1, 2014 in the Old Harbour area.

Based on the claim, the surviving female witness, who was allegedly robbed and her counterpart murdered, described her assailant twice in her witness statement dated October 3, 2014, as being very tall and about six feet three inches tall.

Another witness described the assailant as being about six feet 2-3 inches tall or more. The document also said the then police corporal said he was in search of a man who walked with a limp, based on the information he had received.

Montique, however, the document says, “is five feet eight inches tall, has absolutely no physical impediments or challenges, and has never walked with a limp throughout his life nor on the days in question when he was arrested or when it is alleged that an assailant murdered (name omitted) and robbed (name omitted)”.

In relation to a closed-circuit television (CCTV) video obtained by the police from a witness who said he had caught the assailant on camera, Montique's legal team, which comprises Williams and attorney Clayton Lawrence, said, “This video proved to be manifestly unreliable and grossly inadequate to prove the presence of the accused or that a crime was committed by him or being committed by him, and furthermore it did not reveal the identity of the claimant at all.”

“The CCTV was about 60 minutes in duration and showed no identifiable individuals, not even the victims; the images were horrible and had a closer resemblance of shadows than human beings.

All it showed were two instances of blurred images resembling that of a bicycle and two individuals going in separate directions, at separate time stamps, and another image resembling that of a man walking along the roadway, followed by what appears to be police vehicles heading in similar directions. It proved to be a colossal waste of the court's time,” the document stated.

The lawyers further said, even though Montique told the investigating officer that at the date and time of the incident he was at a bar having drinks with friends, there is no mention of the Crown checking out his alibi.

“The claimant was denied bail for three years and the prosecution relied on very frivolous evidence outlined above, and maliciously prosecuted the claimant,” the document noted further.

It said prosecutors pursued charges against an accused when there was no evidence against him when the charges were laid, and failed to dismiss the charges against the claimant for three years, even when it became evident that there was no ground on which said charges could stand, and “relied on video evidence without properly watching and analysing said video, hence [taking] three years for the prosecution to agree that it was worthless and wouldn't assist the Crown in proving its case”.

Montique was brought before the court on January 27, 2015, and freed on the December 17, 2017 when said charges were dismissed after the Crown offered no evidence against him.

His legal team is, however, contending that as a consequence of his arrest and incarceration, Montique has suffered loss and damage and was caused “great embarrassment, distress, and humiliation due to the fact that he was arrested in full view of the public at a birthday party he was hosting for himself, and was forced to attend court on several occasions at the Old Harbour Resident Magistrate's Court and the Half-Way-Tree Gun Court in clear view of several members of the public.

Furthermore, it said Montique was kept at the Old Harbour lock-up, Half-Way-Tree lock-up, and Horizon Adult Remand Centre, for about 36 months pending the determination of court, and was seen there by several members of the public.

The legal team said, too, that Montique lost his employment as a farmer and caretaker as a result of the false charges brought against him, and was unable to secure further employment for over three years.

“The claimant was ostracised by the community after he was freed of the charges and released from lock-up, and was even told by his previous employer that he couldn't rehire him because of all that transpired. The claimant suffered from periods of anxiety, depression, mental anguish, and from feelings of abandonment, loneliness and mental disorientation as a result of being incarcerated for about three years.

“One of his daughters died while he was in lock-up; not being there with his family as they mourned the death, and his inability to attend said funeral led to severe depression,” the document further stated.

The document also said Montique became physically ill on multiple occasions while he was incarcerated and had to be brought to hospital for treatment several times.