NASSAU, BAHAMAS — Nearly two decades after he was wrongfully arrested, detained, and assaulted while in police custody, a man has secured a $75,000 interim payment from the Supreme Court as he continues to await a final assessment of damages in one of the country’s longest-running civil actions against the police.
In a ruling delivered on July 3, 2026, Assistant Registrar Rosanne Sweeting ordered that the interim payment be made by August 3, 2026, while directing that the long-delayed assessment of damages be scheduled as soon as practicable.
The ruling marks another significant development in litigation stemming from the events of January 17, 2007, when Jamal Cleare was wrongfully arrested, continuously detained, and assaulted while in police custody.
According to court records, Cleare suffered severe and life-altering injuries, including a concussion, hypoxic brain injury, hearing loss in his left ear, neck injuries, brain trauma, fractures to the base of the dens and petrous temporal bone, significant speech and memory deficits, and an undisplaced odontoid fracture.
The court described the matter as an ongoing effort by Cleare to obtain compensation for injuries sustained while in police custody. The case has followed an extraordinary legal path over the past 19 years.
In June 2011, then-Supreme Court Justice Hartman Longley ruled that Sergeants William Rahming and Kirk Bowe had not assaulted or battered Cleare. Although the judge found that Cleare had been wrongfully detained, he was awarded only $750 in damages, together with $6,000 in legal costs.
Cleare appealed that decision. In March 2013, the Court of Appeal upheld the dismissal of his assault and constitutional claims but found that the damages awarded for unlawful imprisonment were inadequate. The appellate court increased the award to $25,000 in compensatory and vindicatory damages.
Cleare appealed to the Judicial Committee of the Privy Council. In December 2017, the Privy Council allowed his appeal and ordered that the assault claims be reheard before another judge of the Supreme Court.
Before a new trial on liability could take place, however, the parties entered into a Consent Order in March 2021, later filed in March 2022, agreeing that liability for assault and battery by the officers would be determined in Cleare’s favour, leaving only the amount of damages to be assessed.
The ruling notes that the Consent Order has never been appealed or set aside.
Despite liability having been resolved, the assessment of damages has remained outstanding for years. Assistant Registrar Sweeting observed that Cleare’s attorneys had repeatedly attempted to have the matter scheduled, but those efforts had not resulted in a hearing.
Facing continued financial hardship, Cleare applied for an interim payment while awaiting the final determination of his damages.
Evidence presented to the court stated that a conservative valuation of his claim exceeds $928,000 before interest. That figure includes claims for general damages for pain, suffering and loss of amenities, loss of earnings, medical expenses, and home-help costs.
The court was also informed that Cleare is unemployed, depends on family members for financial support, and continues to experience financial hardship because of his injuries.
The Defendants opposed the application, arguing that the medical reports relied upon by Cleare were nearly 19 years old and should not be used to support an interim award. They submitted that the matter should instead proceed directly to an assessment of damages.
Assistant Registrar Sweeting rejected that argument. The court held that the Civil Procedure Rules impose no restriction on the age of medical reports relied upon in an application for an interim payment. The ruling also noted that the Defendants had filed no affidavit evidence contradicting Cleare’s medical evidence and had accepted in their written submissions that the injuries he suffered were catastrophic.
In determining the appropriate amount, the court examined the medical evidence alongside the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases.
The ruling found that Cleare’s injuries fall primarily within the category of brain injury, while also recognizing significant hearing loss and a serious neck injury. The court concluded that the evidence indicates lasting neurological and cognitive impairment, with substantial deficits likely to persist.
Although Cleare sought an interim payment of $400,000, the court concluded that an award of $75,000 represented a reasonable proportion of the likely final judgment, as required by the Civil Procedure Rules.
Assistant Registrar Sweeting therefore ordered that the interim payment be made by August 3, 2026, with the costs of the application to be costs in the cause.
The court also directed that the long-awaited assessment of damages be set down before a Registrar of the Supreme Court as soon as practicable, moving the nearly two-decade-old case one step closer to its final resolution.
