Just days after a High court Judge dismissed an application for Judicial Review filed by three police officers under investigation for the death of Kerwin “Slobby” Prosper, his family has since filed a lawsuit in the High court seeking claims for his death.
Brothers of the deceased, Sadiki Devin Joseph and Keyon Cuthbert George through their attorney Joshua Francis from Joshua Francis Chambers filed the civil suit on July 14, 2021, against Superintendent of Police Mathew Cuffy, Corporal Bartholomew Nichols and Constable Daniel Ormond and the Attorney General who is the Chief Legal Advisor of the Commonwealth of Dominica and is sued as representing the State pursuant to the State Proceedings Act Chapter 7:80 thus making him vicariously liable for the actions of the members of the Dominica Police Force while they are in the execution of their duties.
In the statement of claim, the brother alleged that on Saturday February 13, 2021, Prosper was arrested on suspicion of burglary at River Estate by members of the Commonwealth of Dominica Police Force (CDPF).
They claim that the investigation was headed by Cuffy who was attached to the Criminal Investigation Department (CID) of the CDPF.
The Claimants assert that the deceased appeared “healthy, strong and vitalized” prior to his arrest however they claim that he was transported to the Grand Bay Police station where he was severely beaten by police officers in breach of his enshrined constitutional rights.
The brothers further stated that Prosper was then taken to the holding cells at the Roseau Police station and whilst in custody on the morning of Monday February 15, 2021, he complained of chest pains and was transported to the Dominica China Friendship Hospital (DCFH) where he was examined and given a Rib X-Ray.
According to the claim that was filed, the Claimant insists that the deceased was severely beaten by the officer who they allege used “excessive force” and he was “brutalized” without just cause and justification.
“As a result of the beatings, the deceased suffered from severe chest pains, the deceased coughed blood, sneezed blood and urinated blood resulting from the unlawful and unjust beatings by the Police Defendants. The unlawful and unjustifiable beating action of the Police Defendants caused the untimely and wrongful death of the deceased,” the claim states.
Following his release from the hospital the brothers claim, Prosper was brought to several locations to retrieve goods which he allegedly stole and appeared “weak and feeble resulting from excessive beating from the Police Defendants.”
“The deceased was taken back into the Police Headquarter when he became unresponsive and he was then transported lying on a stretcher accompanied by a police officer back to the Dominica China Friendship Hospital via the ambulance. The deceased was pronounced dead by a medical doctor at 11:40 pm.”
The Claimants maintain that they were only informed by Police Officers of the passing of their brother on Tuesday February 16, 2021, at about 3:00 p.m.
They claim that upon viewing the deceased corpse, certain observations were made which caused them to conclude that their brother was severely and brutally beaten and died whilst in the custody of the CDPF.
The Claimant declared that Prosper “suffered his fate resulting from the willful intent, gross negligence and/or recklessness of the police Defendants causing the wrongful death of the deceased.”
The brothers further states that they were informed that an autopsy was done on the body of their brother and have since requested a copy of the said autopsy report from the Commissioner of Police to no avail.
The claim further stated that at the time of Prospers arrest, he was in possession of EC$6000.00 which was seized by the police defendants and have not been returned to the Claimants despite their request.
Joseph and George said they have suffered severe psychiatric trauma which has resulted in post-traumatic stress as a result of their brothers “wrongful” death, thus they are entitled to exemplary and aggravated damages.
They are seeking general damages for the fatality and pain and suffering, special damages for funeral expenses and loss of monies allegedly seized by the police, cost, damage for detinue, interest and further or other relief as the court deems fit.
At the time of the death of Prosper he was 36 years old and resided in Kingshill. He was employed as a market vendor and was a Mason by trade.
It’s time the people of Dominica show these idiots who thinks they’re above the law to have respect for citizens. It’s time to sue all of them for the nonsense happening in Dominica. Our rights will not be taken away from us
This incident clearly shows all that is wrong with the present governance of Dominica. Transparency, accountability, fairness, rule of law, timely justice and equality are all enemies of this present totalitarian regime.
They feel emboldened to continue on their destructive path because of the DOCILITY and INDIFFERENCE of the people.
Martin Luther King Jr., Malcolm X, Nelson Mandela were successful only because they had the support of the masses behind them.
Lesson. A ground swell of grass root support must be had to effect a change from the devastating stranglehold that Skerrit, his rabid ministers and his sycophantic enablers have on the country.
People! Should Skerrit and his immediate family live in a $30 000 000 palatial mansion, paid for by your taxes, while many of our brothers and sisters live in abysmal poverty, can’t even afford a decent breakfast? HELL NO!!!
Well now we have a new victim I guess we already forget Joshua Etienne. Our country is a special place papa
The family of George Floyd received $27 million dollars from the state of Minnesota and, the officer that killed him got 23yrs in prison for murdering George Floyd. In Dominica Prosper died in police custody and not even a trial as the corrupt police, government and judiciary continue to play the hide and seek game with information. In the case of George Floyd everything was cristal clear and the trial was live on all major TV networks so we could all hear the facts! While I am happy about the lawsuit but I believe somebody should face years behind bars for the death of Mr. Prosper
So was he ever tested for covid. Everybody on the police beat the man case. And that’s a habit of there’s. But the body should have also been tested for covid cause those symptoms have been seen in people who have died from covid. If he has surface bruising then it’s definitely police inflicted
When you take a man out of the police station and bring him all the way sultan and beat him. It dere it have covid. Grand bay police station have covid too. Vivid in the police beating.
Seriously speaking, I have no confidence in the local courts nor that of the Eastern Caribbean to the right and just thing. Just look at their tract record. The poor and opposition political parties are considered nuisances. Justice favors the rich in our jurisdiction.
I thought the purpose for seeking assistance from Caricom was for transparency, but alas, the lack of transparency by not releasing the autopsy report proves that the oath to serve and protect doesn’t exist anymore in Dominica police service. How would the acting police chief and the minister of National Security feel if their loved one was brutalized and there effort to get information on the causes continue to be frustrated by those who caused the death in the first place?. The acting police chief is not behaving like a respected leader of honorable men and women, but instead is acting like the head of the Mafia organization. What is this country coming to? The Prime minister refers to a Dominican citizen wanted for crimes committed in a US territory but doesn’t mention nor offer assurance to this family that they will receive justice for their loved one who died whilst in custody of the police. Hear them talking about Haiti when their actions are just as bad at home.
According to the article, Kerwin Prosper complained of severe chest pains, coughed blood, sneezed blood and urinated blood.
The three accused police officers treated Mr. Prosper line a human piñata. It is evident that this is the culture that has been cultivated in the CDSF (Commonwealth of Dominica Savage Force). This brutal level of beating can only be described as savagery.
Why is it that after five (5) months the autopsy and investigative report are hidden from not only the public but from the family of the deceased? This has further exacerbated the excruciating emotional pain and anguish of the gentleman’s relatives.
Recently, Mr. Sherrit bloviated that his government is the most transparent in the Western Hemisphere. His words and his actions are like oil and water. They don’t match.
JUSTICE for Kerwin Prosper should become a rallying call.
Why would the brothers have to request a copy of the autopsy from the Commissioner of Police. Doesn’t autopsy have it’s own separate department and authorities?
@Lenny
That “used to be” the case but not so anymore. Dca is now a police state with everything controlled by the Liar In Chief or the police.
After reading this, i really believe that those goons in uniform deserve jail time!!!
I am in total and absolute agreement of the lawsuit.It cannot be that a man entered the police cell alive, and was allegedly beaten to death and those responsible are walking our streets as though nothing happened.
We need to continue agitating for justice for the deceased.
We need a petition with names and signatures to submit to those responsible, asking for justice for Slobby. Irrespective of who Slobby was, and how he lived his life, that style of using excessive force on the citizenry of the country by goons in uniform must stop!!! Remember the bus driver almost suffered the same fate!!!
Another citizen vs police/government case in Dominica. Another opportunity for the judicial system to prove that it can be fair, just, and follow the letter of the law. One thing must be understood, if the courts ever find it within their whim to adjudicate in favor of one of these citizen claimants, a clear and resounding message would be sent to the powers that be. I am not saying exonerate the guilty, but instead put culpability where it belongs, and exonerate the innocent. If the courts can do this we may find ourselves on a new path to truth, fairness, and judicial relief. We would also find that the unjust, unfair, and lawless undemocratic behaviours of the police and the leaders would be tempered with judicial fear. This would also begin an era of accountability by those same officials. If those officials feel they have no accountability, they will always abuse, steal, lie, and conduct themselves criminally. Do we want to live in a criminal society? I say, NO.
I am so glad that Dominicans finally wake up and smell the coffee. The ruler of Dominica and his militia are committing will full constant harassment and injury against innocent citizens of our country. This has to stop, this has to stop right now. Who do these people think they are??? I warned all you years ago what this so called PM had in store for all you. But greed is ruling all your heads.