NASSAU, BAHAMAS- A man who sought over $1 million in damages has been awarded $60,000 following unlawful arrest, assault, and defamation by police, with the court stressing that “the courtroom is not a lottery” and that judgments must be reasonable, principled, and proportionate.
Edward Williams was awarded the sum in damages by the Supreme Court after suffering constitutional breaches, unlawful arrest, assault, and psychological injury at the hands of police on 21 February 2021.
The defendants listed in the assessment of damages matter were the Attorney General of The Bahamas, the Commissioner of Police of the Commonwealth of The Bahamas, and Corporal 3195 Wilchcombe.
In a detailed judgment handed down by Acting Registrar Renaldo Toote, the court outlined that while Mr. Williams had experienced serious violations, the award must balance fairness with restraint. “The courtroom is not a forum for a windfall. It is a sanctuary where wrongs are redressed, not a lottery where litigants may expect to strike gold,” the judgment read. The court further emphasized, “Awards of damages must be principled, reasonable, and proportionate to the facts and evidence.”
Mr. Williams was stopped near Sister Mary Patricia Junior High School in Freeport, Grand Bahama, when police searched his vehicle without lawful justification or a warrant. He was then aggressively removed from his car, handcuffed tightly, forced to the ground, and arrested without explanation. He remained in custody for two days.
The court heard how police pointed guns at Mr. Williams, threatened and verbally abused him, and disseminated photographs of him on social media falsely labeling him a murder suspect — actions that caused severe reputational damage.
Psychiatric evidence confirmed Mr. Williams suffered from Post-Traumatic Stress Disorder (PTSD), depression, anxiety, and hyper-arousal as a result of the incident. However, the court noted his limited psychiatric treatment and voluntary resignation from his job tempered claims for ongoing or severe emotional distress.
The defendants failed to comply with court orders or file proper defenses in a timely manner, leading to their exclusion from submitting rebutting evidence. The court accepted Mr. Williams’ testimony as truthful and reliable.
“Mr. Williams sought over $1,000,000 in damages, an amount wholly unmoored from precedent or legal justification. Such a figure could not be supported either by the evidence or by jurisprudence. Although the circumstances warranted an award for exemplary damages, the nature of the injury was not extraordinary enough to merit a sum of that magnitude,” the Registrar wrote.
“The Court must be vigilant to protect rights, but also vigilant not to inflate their redress beyond what justice demands. Damages serve to vindicate, compensate, and deter; not to enrich. The Constitution is both a shield and a compass…never a bludgeon,” the judgment continued.
“We are reminded that the law must act as a ‘bulwark against tyranny and abuse. But the law, like the sword of justice, must be wielded with discernment.’”
Williams was awarded $10,000 for constitutional breaches and false imprisonment, $2,060 for property taken or damaged, $20,000 for pain and suffering, $5,000 for reputational harm, and $12,940 for exemplary damages aimed at deterring future abuse of power. Costs were also awarded to Mr. Williams in the sum of $15,000.
