NASSAU, BAHAMAS — A 35-year-old woman who sought $270,000 in damages for unlawful detention was awarded less than 10 percent of that amount in a recent Supreme Court ruling.
Acting Supreme Court Registrar Renaldo Toote found that while the detention of Sonette Joseph was unlawful, the treatment she claimed to have experienced did not amount to aggravated harm that would justify significant compensation. Allegations by Joseph of inhumane or degrading conditions—including lack of sanitary supplies, abusive conduct by officers, and unsanitary living spaces—were strongly disputed by the defendants and were unsupported by any medical or independent evidence.
It was noted that Joseph was born in 1988 in Nassau to undocumented Haitian parents, and was taken to Haiti during her childhood by her mother. She returned to The Bahamas in 2017, saying she intended to apply for Bahamian citizenship. Although she possessed a Bahamian birth certificate, the court found no evidence confirming whether she had re-entered the country through lawful immigration channels.
On July 6, 2018, Joseph was arrested at her home by Immigration Officers. Despite producing her birth certificate, she was detained at the Carmichael Road Detention Centre for 30 days. Her release was later secured through a habeas corpus application.
In her legal claim, Joseph alleged she was subjected to degrading treatment, denied legal representation, and suffered emotional and reputational harm. The court however found inconsistencies in her account and pointed to the absence of medical records or witness testimony supporting her claims.
She named as defendants the then Minister of Immigration, the Director of Immigration, the Commodore of the Royal Bahamas Defence Force, and the Attorney General of The Bahamas. Joseph had sought $270,000 in total damages, including $125,000 in compensatory and vindicatory damages, $40,000 for assault and battery, $30,000 in aggravated damages, and $75,000 for constitutional breaches.
While the court agreed that her constitutional rights were violated due to her being detained without judicial review or due process, it rejected the claims of assault and exemplary damages. Joseph was ultimately awarded $20,000 in general damages and $5,000 in aggravated damages, amounting to just 9.2 percent of the total sum sought.
The government was also ordered to pay a reduced $10,000 in legal costs to the claimant, with the court noting that although Joseph prevailed on the core issue of unlawful detention, the defendants were successful in disputing the more serious claims and limiting the damages.
