NASSAU, BAHAMAS — The government has apologized to a man who was falsely detained at the Carmichael Road Detention Center as part of a Supreme Court order that determined the government was liable and will have to pay costs and damages to be determined to the plaintiff.
Joseph Amihere was named as the plaintiff.
He was mistakenly believed to be one Jimmy Miller when detained.
The defendants were listed as the attorney general, the minister and director of immigration, the commissioner of police and the officer in charge of the Carmichael Road Detention Center.
Supreme Court Justice Indra Charles handed down her ruling yesterday.
In the six-page order, the judge noted that “whereas the defendants, with deep regret and solemn empath to Mr Joseph Amihere and to his family, accept that this treatment was intolerable and inexcusable, hereby apologize to the plaintiff for the unlawful imprisonment and the treatment received while unlawfully detained”.
Attorney Fred Smith, QC, represented Amihere, along with attorneys Ravel Rolle and Keath Smith.
Attorney Shaka Serville and Rashied Edgecombe represented the defendants.
“It is hereby ordered by consent that judgement be and is hereby entered on liability for Mr Joseph Amihere, subject as aforesaid with damages to be assessed,” read the ruling.
“The costs of and occasioned by this action to be paid to Mr Joseph Amihere by the defendants on a solicitor own client full indemnity basis certified fit for two counsel to be taxed if not agreed up to the date of this order and thereafter, on a party and party basis.”
As part of the order, Amihere must agree to reduce his claim for false imprisonment by 48 hours (two days); that the conditions in the Carmichael Road Detention Centre improved during the last six months of his detention under the management of Peter Joseph; to withdraw claims made pursuant to Articles 21 and 26 of the Constitution of The Bahamas; accept an apology from the defendants; and in consideration thereof, to agree that as at the date of the ruling the aggravation of damages, occasioned by the defendants’ defense of the indefensible to date and failure to apologize, had ceased.
The order noted that the defendants concede liability in all other respect to Amihere’s claims as set out in his writ, consent to an order for damages to be assessed, make an apology to him and concede that he is not the person known as “Jimmy Miller”, as well as pay him costs of the action.
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