The State has been ordered to pay over $150,000 in compensation to a nightclub bouncer, who was wrongly charged for assaulting a patron, who attacked him with a pool cue after he parted a fight with another patron.
Although High Court Judge Joan Charles upheld his malicious prosecution case on February 4, the compensation owed to Mukesh Boodram, 37, of Ste Madeline, was only assessed by High Court Master Martha Alexander on Tuesday.
According to the evidence in the case, Boodram was on duty at Coasters Sports Bar, at Cipero Street in San Fernando, on April 28, 2007, when he and his colleagues were forced to quell a brawl between two groups of patrons.
Shortly after the two groups were ejected from the premises, one group of men returned to search for the other men, who they believed had also returned.
Boodram was attacked by one of the men, who beat him with a pool cue before his colleagues intervened and restrained him. The attacker, identified as Michael Khalu, was then handed over to the police.
Two months later, police arrested Boodram at the bar and charged him with maliciously wounding Khalu.
Boodram was granted bail and made 42 court appearances in the San Fernando Magistrate’s Court before the charge was dismissed for want of prosecution on September 17, 2015.
In deciding on $150,000 in general damages for Boodram, Alexander considered the seriousness of the offence, and the distress and humiliation he experienced. However, she said he was not entitled to exemplary damages, which is usually ordered by a court to condemn malicious, fraudulent, and cruel conduct.
Alexander ordered the State to pay interest on the compensation as well as the $33,173.63 in legal fees Boodram incurred in bringing the lawsuit.