A Supreme Court judge yesterday dismissed a lawsuit against the Royal Bahamas Police Force by two brothers who claimed they were victims of aggravated assault, false imprisonment and malicious prosecution.
Maurice Forbes said he got into a traffic accident with Bobby Walker while driving on Baillou Hill Road around 5 a.m. on September 6, 2008.
Officers 1856 Sands and 2697 Forbes, who were on mobile patrol, responded to the accident. Maurice phoned his mother Deserian Forbes, who later arrived on the scene with his brother Adrian.
Police charged the brothers with the offenses of disorderly behavior, assaulting a police officer, using obscene language and threats of death. The charges were dismissed on January 20, 2009 because the witnesses, except one, failed to appear to testify.
During the civil suit before Justice Stephen Isaacs, both brothers admitted that they used obscenities.
Isaacs determined that the "officers acted within the ambit of the law as they had ample evidence that the plaintiffs had committed the offenses of using obscene language and behaving in a disorderly manner. There is prima facie evidence that the plaintiffs assaulted the officers and issued threats of death, but that evidence is not as clear as the evidence relative to using obscene language and disorderly behavior."
Isaacs also dismissed a claim of aggravated assault by Adrian Forbes, who claimed he was severely beaten by as many as six officers.
Isaacs said, "The officers on the scene were required to maintain control of the scene of the accident as well as the people on the scene. Adrian by his written admission was hostile and challenged the police. The police were required to control him. His pleaded case of sustaining injures has not been proven by any medical evidence."
The judge noted that the evidence showed that Adrian confronted the police when he arrived at the scene and resisted arrest. Maurice also admitted using obscene language and disorderly behavior. Consequently the first officers on the scene had to call for assistance.
"In my judgment the defendants were required to use such force as was necessary to effect the arrest of the plaintiffs," Isaacs said. "No aggravated assault has been proven."
The court also rejected the claim of malicious prosecution, saying, "In the instant case there is a preponderance of evidence on which the defendants could form a reasonable and probable cause to lay the charges of use of obscene language, assault and disorderly behavior at the very least. The fact that the plaintiffs were discharged due to the non-appearance of witnesses is not relevant consideration to determine if reasonable and probable cause existed."
The judge said that Constable 941 Elvies, who was not on the scene, conducted an investigation and based on his findings laid the charges.
Isaacs ordered the parties to bear their own costs.
Edward Turner and Owen Wells appeared for the plaintiffs. Kayla Green-Smith and Olivia Pratt-Nixon appeared for the defendants.

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