The High court in Dominica has handed down a decision against two police officers and the attorney general brought about by Maurius Peltier in a civil suit (suit DOMHCV2012/0267).
Peltier was awarded a total of $22,000 in damages after he claimed he was beaten the police officers.
Peltier had taken police Constable, Jefferson Drigo, and police corporal, Chaucer James, to court claiming that they, on or about May 21, 2012, together with a number of other police officers “wrongfully and intentionally assalted and beat him by punching and kicking him on the upper part of his body and head causing him pain, suffering, grave distress and discomfort.”
In court documents filed, Peltier claimed as a result of the incident, he has suffered loss and damage namely, “small hematoma, cervical muscle spasms, blunt trauma to the chest, soft tissue injuries to the elbow, lumbalgia and orchitis.”
According to reports, on the day in question, the police went to Peltier’s home to execute a search warrant and gained entry after being repeatedly ignored by him, who was at home at the time.
FOr their part, the police denied beating Peltier saying, “he was held by the waist of his pants…was lawfully arrested and dealt with in accordance with the standard police procedure.”
They said they were investigating a burglary which occurred at Universal Elegance and a warrant was obtained for searching Peltier’s home. During the search a “discovery of what appeared to be cannabis” was made and he was arrested.
“The only physical interaction I had with the Claimant (Peltier) was at the house where I used reasonable force to subdue him when he refused to sit,” corporoal James said in his testimony. “I did not beat up the Claimant, neither did I see any police officer beat up the Claimant.”
However, under cross examination by Peltier’s attorney, Dawn Yearwood Stewart, police officer Jefferson Drigo testified that he saw James punch Peltier in his neck, but added, “It is not beating in my books.”
In his ruling Justice Errol L Thomas stated that in all the circumstances, the extent of force used on Peltier cannot be reasonable within the confines of the Criminal Procedure Act.
“Further, the court does not accept the defendants’ submission that the actions were necessary to subdue the Claimant to prevent him from obstructing the search and to allow the officers to make an arrest,” the Judge stated.
This, Justice Thomas, explained is because the submission only relates to action at the house and not those at Criminal Investigation Department (CID).
“In any event, there were four officers as against a single Claimant. The defendants are therefore liable for assault and battery and the Claimant is entitled to damages,” he said.
The extent of force used against the Claimant, he said, cannot be reasonable within the law and “the court does not accept the submissions on behalf of the defendants that it was necessary to subdue the Claimant to prevent him from obstructing the search and to permit an arrest to be made since those events only relates to the Claimants house…”
Justice Thomas ruled that the officers are therefore liable for assault and battery in relation to Peltier.
Peltier was awarded damages in the sum of EC$15,000.00 for assault and battery and EC$7,000 for “exemplary damages.”
He also ruled that an award of aggravated damages is not warranted in all the circumstances but “the Claimant is entitled to prescribed costs.”
Tamika Hyacinth, from the attorney general’s chambers, represented the police officers.
They came to search his house for something he didn’t even do. Secondly, the refused to present a search warrant and when asked for a warrant they started beating the young man. You think that’s right? If he was resisting arrest and fighting with the officers they could have still dealt with it differently. After beating him at his home they still brought him to the police station and beat him for 3 consecutive days: in his balls, neck, chest etc. Is that right? They had no right to so good for them, $22,000 ain’t nothing because he going to live with those injuries for the rest of his life. But mind you, they will still beat again don’t worry….I hate these policemen especially DRIGO
It is common knowledge that there are some police men who take pleasure in beating civilians, and i know that for a fact, and strong disciplinary action need to be taken against such officers because when it continues civilian loose their lives, when found guilty the state has to pay on their behalf.
The police has a job to do and they are trained as to how to do the job, in such instances they go according to their own will and not as thy were trained, the judge knows that, hence his conclusion.
I hope when police abuse you or your family for all the wrong reason all you say that the police doin there job
I just cannot.understand Dominicans where there are times police officers do exercise extreme force without cause or.reason and it.saddens me ,but these days there the ways our young men behave and we all know that .Their own mother these days afraid to.talk to.them in fear that violence.would follow,we see these days where before u talk u are attacked physically .Our young men not.all but moat of.them these days don’t know how to settle disputes without violence on.the streets these days is kill or b killed our nation.is changing,so pilce officers can’t allow these young men to take.first chance on them .Despite all that I applaud all the young people who.continue to.be positive individuals in society .
I was not there so I cannot say who right or wrong
I wasnt there so I cannot say who right or wrong
Is objectivity dead here?
If policemen get abused by civilians, does that justify them beating up other civilians? And if some civilians are criminals does that mean that all civilians are criminals?
Some Police are bad; some are good.
Some civilians are bad; some are good.
Giving a police force unlimited power will lead to abuse, giving the populace a carte blanche without policing will lead to anarchy.
The police went to look in his home for stolen goods, so why was he arrested for possession of marijauna, which had absolutely nothing to do with the case they were investigating?
I would love to see the police men pay from pockets not government I remember just come home from vacation a some police mem came home looking for a man they said was hiding home , of course was not true , the came in a rude mana wanted to get in . I said where is the warrant pls read it they gave me and ols warrant I told you enter I will sue you individually , and said they want to check the house I said still you need a valid warrant . And left .
the police has the power in law to enter any house where a suspect is hiding without a warrant and you cannot stop them if you try its obstruction and you too will be arrested. Once they believe that the suspect entered your home cannot deny them entry into your home ok. please lets start educating our selves on the work and processes that the police must and are allowed to follow in doing their jobs. they will always make mistakes along the way it is not a an easy task ok we can judge later that is easy but can we walk a mile in their shoes. Think about that.
Most police lack proper training. It is difficult for an ignorant and violent person with the power of “police” in his hands to act professional. Would you give a mad man a loaded gun and don’t expect him to shoot someone or himself?
Well I think its time Police Officers stop beating those worthless criminals and let them run a dam rampage in this country and get away with all crimes. I really want to hear what you people will be saying then. Police should stop using aggression against these guys if they don’t want to admit to a crime let them back on the streets to do the same crimes and screw the investigation for all burglaries and other crimes in this country. Ridiculous
Pastor Troy if it was your son you would be sing another song
Look around you so called pastor look in the mirror and at your friend and family circle after this comment and you will see who are the real criminals before you cast judgement do your research the judge did and this is the result the police were guilty your circle consists of murderers ,child molesters, workers of iniquity this is just a few you know the rest dont hide under the name pastor troy karma is real today is his tonight will be yours tanto tanto
pastor Troy this is a very shallow statement to make. what good is a half dead man in court?
grow up and then come on here a speak some sense
it’s about time somebody make dem kind of idiotic toy-cops we have in d/a pay for there action because dem man think the only way they can get effective police work done is by beating on people
u realise is the government that paying the money and not the police right.
22,000.00 is not money. I can spend that in one hour.
SO the police officers has a lawful search warrant and the jackass,ignores/refuse to open his door and during the search the evidence is found. then he claim abuse. And people wonder why their is crime in dominica
Your grammar is just as bad as your judgement!!!
I have no empathy for this man. Too many are radicals and disobedient. They are a menace to the D/can society and create lack of peace and place fear in nationals. They do not obey authority; refuse to. Left to them there would be no Law in D/ca.
The police is to be obeyed. Citizens should not put up a fight against the police. There are other avenues to pursue their rights if per chance they feel wronged by the police. No! They rather fight the police. This is obstruction. He should have been charged.
The money he will receive will be like a hole in the bag. It will soon be gone. Hope he does not resort to thievery and selling illegal drugs after having received all that money. In any case, his attorney will get most of it.
Let him rejoice for now. It will not last long. The next time he steals and/or is caught with illegal drugs, throw him in the slammer – the prison.
I pity you save your emphathy for when it strikes your home life is a cycle did you see him fight the police didnt you read that he took the matter before the courts before you wish him bad take time to read and understand and if you dont then ask someone to read and explain to you be careful what you wish for the pit that you diggeth shall be for no one but yourself and those close to you did you see him rejoice is only machine that makes money the issue is not the stipend the court gave it is the abuse of power by those in authority in this case the police
We all have to obey Gods’Commandments are we doing that” we all have sinned and come short of the glory of God.
@Simply the truth!! Put your dam foot in his shoes before u come and talk none sense! Idiot!
There is good and bad in any form of society, but we still need police officers. Before something happen, they say call the police. If the police don’t show up, they say the police is not doing their jobs. There are also wicked civilians too.
Dominica is so small, we need the police and the police needs us. The police commissioner need to visit every community and know what are peoples biases about police officers to see how civilians and police can work together to fight for the common cause “Crime”. When something happens to a police officer, we suffer. When something happens to a civilian we all suffer. Law enforcement have to do their jobs but respect the civilians. The Civilians need to also respect law enforcement. United We Stand, Divided We Fall. We all want a crime free Dominica as much as we can.
I thought beat people was part of their job! But they know jolly well who for them to beat.
just now is kill they will want to kill you when they come to search your house…..but police is not Iron body is the same flesh and bones, these police officers think they above the law. More people that have been beaten wrongfully by the police to step up and teach these thugs a lesson……but the police that hit me for no reason will get his right after trust me…..Police brutality has been going on for a while now and I’m happy to see the judge rule in the plaintiff’s favor……F the police
Seriously? Leave the police alone. They are coming from your wombs and neighborhoods. Are they not Dominicans just like you? Make sure you call your mother when you are attacked or someone breaks into your house. Don’t call the police. There is bad and good in every profession. There must be law and order or we will have utter chaos. Thanks good officers for all your hard work.
The guilty ones should be kicked and beaten as punishment… just as they do to others..
Fire them. They cost the country unnecessary spending
Well I guess when the police stop beating because they fraid they get charge the judges will get their guns as well!
I was for the police but when I read “discovery of what appeared to be cannabis” I just knew they were up to no good. They have tunnel vision when they saw marijuana, they forgot about stolen property from Elegance…lol lol. Good for them pay up, they too hate marijuana which will one day be legal. id10ts!
Did the Bad boys police get fired?? hope so, you cant have those guys on the force !
when some people cannot take it no more, dats it. all you talking about when civillian beating police, is only once every 5years you will hear dat. so is everyday for de police? de police or de government of dominica never had no feed the poor program. no law never say beat civillians and still make them pay in court. there is a difference between angry and pretending to be angry. so de police must always approach people with respect, because we pray for them. we pray for them because if it wasnt for them men would be eating each other alive
The police must protect and serve and should not abuse their powers. The court has spoken and justice has been served. I hope the police have learned a lesson which is, they must execute their duties in a professional and courteous manner at all time. I am 100% in support of our police. They help keep us safe.
On the other hand, for all those who are saying that our judicial system is failing, this shows that it isn’t. We must remember just because a decision isn’t in our favor doesn’t mean that justice wasn’t serve.
I am quite pleased that the Police have been held accountable. They have been escaping from justice for too long. I hope the State RESPECT THE COURT’S RULING and pay Mr. Peltier expeditiously.
Awful. But I’m puzzled as to how a man kicked and puched in the upper body and head sufered orchitis unless he was kicked in the balls also. Is your report complete?
By the way DNO can you please clarify the AG role in there for those of us wondering
The AG’s office defends public servants and the state. In the US it is called the DA’s office for cities and states and AG for the US Government.
The police has to respect the constitution of Dominica, rigth is rigth, follow the law and you wont be wrong, not because you are a police officer you can brake the law.
hello from California.A DOMINICAN HERE.
I am quite pleased that finally, one person got justice. These police officers are tired of beating up people. They are too wicked.Let them pay. They need to have respect for people.
Those who beat up the young innocent boy from Boyds Ave. when they took him to the police headquarters will also pay one way or another.
Act within the law.
The people know their rights. Therefore, they will do all they can to resist arrest, knowing that if a scuffle breaks out, they could claim police brutality, bring a charge against the police and receive compensation from the Courts. Do you think they are stupid? Big-time deceivers.
I’m glad this judge did justice to many times these police men think they could beat up people let them pay 4:00 o’clock in the morning they bursting your door down with gun pointing at you that’s wrong it’s about time these police men pay they are bunch of jokers they whole police force is a joke those in Portsmouth only running after skirts if you put a skirt on a man they would even think it’s a woman a set of jokers
This police force is full of crap..people beating police and get a slap on the riskk in court.look they almost kill a police the other day nobody not saying notinh.all young person have guns police have no gun to protect themself and familly.police offfers here are being under payed skerite not doing norting bout that.Look at the state of housing for police no one is saying anyting.this is the worst police dept in the caribean
It is now they will disrespect the police and will have no regard for them.
While you may be right, you need to stick to the issue at hand and stop being so defensive. Wrong is wrong.
I wonder who’s laughing who now, belle bef;
Rejoice my loving Dominicans but I will say
(1)Thieves don’t break into police homes.
(2)Police can receive their salaries and do nothing.
(3)Police must laugh when reports are made and (4)Police don’t need community policing because they are not the ones holding the short end of the stick we are.
all in all these men out there getting into trouble to keep us safe but the best we can do is make bias statements Magway sa.
They made a mistake when they selected you as a police officer. Those like you that beat up malaway and poor people’s children.
I agree with you… Hence the reason half the cases/reports made are not investigated!!! The police Officers are human too, we always keep bashing them.
Although this does not give them the right to abuse people. Is Drigo and James used as scapegoats?
Shut up ! you next if you not careful !
I cannot believe u’re a member of the police force,if u’re,well we finish.
I think you have some sticking thinking Mr. Officer. Policemen are NOT above de law, it is for you guys too.
The story said they were there to search. Whether or not he was was guilty u cannot beat the person so badly. Countless times ppl are arrested for crime they didn’t do and after they let them go they have how many injuries that cannot be cured. He wasn’t paid enough. Some officers need to stop abuse their authority! And to the person who commented that all young people have guns…Please. grow up. You sound like an idiot. Cuz that’s not true.
there were 4 officers,y were just 2 charged?The claimant got beaten by all 4,so y just 2.Ppl need 2 start coming out against police brutality.They say stop VIOLENCE,well stop POLICE BRUTALITY.
We must not bash the Police so mush we all overdo it sometimes. remember a couple months ago this young policeman almost lost his life when he went to part a fight in Roseau. He could just have passed by like any citizen but he refused to and almost ended up in the cemetery. Domnichens toe mechante’
That is a separate case and you can not offset one against the other.I trust justice will prevail here too and the injured policeman will get his day in court also.
You all always like when police get sued but never see when its police getting abused,exofficer i would like you to cross my path
you sound like an idiot
While I am happy the cops are there to ‘protect and serve’, I am also happy that one brave individual FINALLY got justice because of the abuse of their power and thinking they are ABOVE THE LAW.
real talk
dominica police force sucks
there are some officer who get swell headed because they are a wearing a little police uniform.that is why when people put them to be like d–S on the street i never feel sorry
people be careful of where u buy things like appliances,and other stuff,especially from those who are from the universe and looking elegant
And what happens when the civilians abuse the Police? For example the Thomas guy from Wesley who had to be given Medical Board off because of injuries he sustained when he went to arrest someone in Marigot? He did not even have a chance to say anything…
What happened to Ducreay from Wallhouse who met the same demise?
Who knows what happen at these houses when the Police went there? I am well please when they meet their match and get beat up.
Is time Police brutality in this country stop.
The same demise?? Did he die?
That’s the nature of the job. Law enforcement is risk and you have to be level minded at all times, even in the eyes of serious injury. Is like if you are a soldier expect to die in war. My dear officers even in adversity use all the powers available to you within the law
Them police to like to bit people and thinking that the law is always in their hands
beat
Watch your writing….
There’s no where in the USE OF FORCE CONTINUUM that says punching a suspect is using reasonable force. People should start reporting abuse by the Police so we can make this a national outcry.
i am very happy… i physical see 3 people man beating a man behind whitchurch, and pulling him in the van with hun pointing at him…. dominica police force is awful
3police man
Will we see who these officers are?
A picture would be nice DNO. Thanks
Guess Drigo will be a constable for a very long time.
Constables get paid and you all will continue to be abused because allu like to support corruption, some places wish they had police to protect them,You all need a dose of my God,listen to the fact before u rush to judgement.
He might just get accelerated promotion. Isn’t this the ones who get promoted? Don’t you know the history of the Dominica Police Force?
them man making us former police look bad, it’s time more people start reporting them worthless officers who thing they above the law and can do what they want,
Roger that comment ex-police
And I wonder why the heck you are an EX OFFICER? Look bad my foot… You probably even did worst
I share your sentiment but with such poor command of English I doubt you were ever a real police officer.
It’s time someone stand up against police brutality! thumbs up Peltier!
Good job on the lawyers part.. The cops always get away with ish but not this time.. Fire burn them…
ill write on that calypso for next year