NASSAU, BAHAMAS: The Supreme Court has awarded a Jamaican woman a total of $157,940 in damages and costs following an assessment of damages arising from her claim of unlawful arrest, false imprisonment, assault and battery after she was detained by immigration authorities for 199 days back in 2021.
The ruling, delivered by Assistant Registrar (Acting) Adrienne Bellot on July 6, 2026, awarded Demeritte $89,940 in compensatory damages for false imprisonment, $50,000 in exemplary damages, $15,000 in costs for obtaining the default judgment and the assessment hearing, and an additional $3,000 in costs thrown away following an adjournment of the proceedings.
The assessment of damages followed a Judgment in Default of Defence entered by order dated March 8, 2023, after Demeritte filed legal proceedings over her arrest and continued detention.
In the ruling, Bellot addressed the effect of the default judgment, explaining that the defendants could not dispute liability during the assessment of damages hearing because the issue of liability had already been determined through the default judgment.
The Court noted that while defendants could address matters relevant to the amount of damages, they could not attempt to challenge whether Demeritte’s arrest and detention were unlawful.
The ruling stated that a default judgment means the defendants are taken to have admitted the allegations contained in the statement of claim and cannot later dispute liability at the assessment stage.
Demeritte, a Jamaican national, entered The Bahamas as a visitor on or about July 13, 2018, and married a Bahamian national on July 30, 2018. Following her marriage, she was granted an extension by the Department of Immigration to remain in the country.
In August 2019, Demeritte and her husband applied for a Residential Spousal Permit, but by letter dated February 2, 2020, Immigration informed her that the application had been refused. Her permission to remain in The Bahamas was expected to expire on May 21, 2020.
In October 2020, Demeritte was seriously injured in a motor vehicle accident in Abaco and was airlifted to Nassau for medical treatment. During that period, her passport and other personal documents were misplaced.
On April 19, 2021, Demeritte was arrested in Abaco and charged with overstaying.
On April 22, 2021, she pleaded guilty to the charge, was fined $1,500, and made a partial payment of $1,300 toward the fine.
Despite the payment and the fact that the Magistrate did not impose a custodial sentence, Demeritte remained in custody and was transferred to the Carmichael Road Detention Centre.
The Court recorded that Demeritte remained detained for 199 days before her release.
On November 4, 2021, Justice Bernard Turner ordered her immediate release following a habeas corpus application.
However, the ruling noted that despite the court order, Demeritte remained at the detention centre for an additional seven hours before she was finally released.
During the assessment hearing, Demeritte gave evidence about the conditions she experienced during her detention.
She told the Court that after her arrest in Abaco, she was held in a cell for four days with both men and women and without adequate hygiene facilities or access to proper restroom facilities, which caused her to urinate on herself.
She also claimed that she was transferred to Nassau by plane while wearing the same soiled clothing she had been wearing when she was arrested.
At the Carmichael Road Detention Centre, Demeritte described experiencing degrading treatment, threats, bullying and conditions that caused her significant distress.
She told the Court that immigration officers spoke to detainees “as if [they] were not human beings” and alleged she was threatened with being sent to the Bahamas Department of Corrections.
Demeritte also alleged she witnessed other detainees being beaten, was subjected to strip searches, and was denied access to lawyers retained by her husband.
She further claimed that security concerns at the facility caused her fear for her safety, including concerns about possible sexual assault.
The Court heard evidence that Demeritte alleged she was denied adequate sanitary products during her menstrual cycle, experienced poor restroom conditions, insect infestations, and a period of approximately four weeks without running water.
After reviewing the evidence, the Court found Demeritte to be a credible witness and accepted her account of the conditions and treatment she experienced while detained.
The Court noted that much of Demeritte’s evidence was uncontroverted, while evidence presented on behalf of the defendants focused mainly on general procedures at the detention centre.
In assessing damages, Bellot considered the length of Demeritte’s detention, the loss of her liberty, the conditions she endured, and the humiliation and distress she experienced.
The Court considered an initial calculation based on a rate of $600 per day for 199 days, which amounted to $119,400. However, the Court reduced that figure by $30,000, noting that damages for lengthy unlawful detention should not be calculated through a strict mathematical formula.
The final award for false imprisonment was set at $89,940.
The Court also awarded $50,000 in exemplary damages, finding that the award was appropriate to reflect disapproval of oppressive, arbitrary and unconstitutional conduct by government officials.
However, Demeritte was not granted separate awards for aggravated damages, constitutional damages or vindicatory damages, as the Court found those awards would duplicate compensation already provided.
Her claims for assault and battery were also dismissed, with the Court finding there was insufficient evidence of physical harm to justify separate compensation. The Court ordered that Demeritte receive damages and costs totaling $157,940.
