The Tribune

By RASHAD ROLLE

Tribune News Editor

rrolle@tribunemedia.net

A JUDGE ruled a police officer was unlawfully arrested in 2016 after declaring support for Maria Daxon.

Police Commissioner Clayton Fernander, then a Chief Superintendent of Police, was involved in the matter along with other senior police officials.

Sgt Theodore Neily claimed in a lawsuit that police unlawfully detained him and that several senior police officers “acted maliciously and without proper authority and jurisdiction”.

He said on September 1, 2016, he was talking to a colleague at the Central Detective Unit about Ms Daxon’s arrest when he said “they should free Maria Daxon,”, adding: “no justice, no peace”.

After an officer heard his comment, Sgt Neily soon found himself in the crosshairs of senior police officials.

He said after leaving work, he received a call to see then-Chief Superintendent Clayton Fernander, who questioned him about his comments.

Mr Fernander then accompanied him to see former Commissioner of Police Anthony Ferguson at police headquarters.

Sgt Neily said he was not allowed to drive his own car to the station and was taken there in an unmarked police jeep.

He claimed senior officials defamed him at headquarters.

“He was instructed to hand over his firearm certificate and entry key and advised to not enter any police station or go in any police vehicle or carry any firearm until further advised,” according to Justice Camile Darville Gomez’ ruling.

“The Commissioner of Police requested that an entry be made in the diary at CDU. He was directed to report to the Police Headquarters on September 5th, 2016 and was referred to the Chaplain, Father Stephen Davies who recommended that he (visit) Dr Barrett for an evaluation which he did. He was suspended for 12 weeks and upon his return to the office he was transferred to another department.”

“He claimed that he suffered emotional stress and embarrassment after his colleagues discovered what had happened. Additionally, he claimed that officers would huddle and talk about him and that one officer told him that no one wanted to work with him after they had heard he was a gangster who hangs with criminals.”

Justice Gomez said Sgt Neily’s testimony was largely uncontested during the trial, which featured testimonies from Mr Fernander and then-Police Inspector Michael Johnson, now the Chief Superintendent of Police in charge of the Central Detective Unit.

Justice Gomez ruled that Sgt Neily was unlawfully arrested.

“It was pellucid from the evidence that the plaintiff was not reasonably suspected of having committed or being about to commit a criminal offence which would cause the plaintiff’s transportation from CDU to the police headquarters to be lawful. The plaintiff was not permitted to drive in his own vehicle and was unaware of the reason or purpose of his meeting with the Commissioner of Police,” she wrote.

However, the judge rejected the officer’s defamation claim, noting his meeting with police officials was private.

The judge adjourned the matter to determine damages.