Victim takes civil action against ex-cop and CIG
(CNS): A man who was injured following an altercation at a gas station with on off-duty officer almost six years ago is taking legal action in the civil courts against both the former cop and the government. Adolphus Myrie is suing Rabe Welcome and the attorney general for the physical and mental injuries that he says were caused by the assault. Although Welcome was convicted of wounding and sentenced to six months in jail, he never served any time as his conviction was overturned by the Court of Appeal.
Courthouse door, Grand Cayman
In the law suit Myrie outlines the incident in 2009 at the Esso ‘On the run’ gas station in Red Bay in the early morning hours of 17 June 2009. Most of the details in the suit reflect the evidence presented at trial as the incident was caught on CCTV and Myrie’s injuries were confirmed by doctors.
In the writ Myrie lists those injuries and their ongoing impact. As well as taking aim at Welcome he also implicates the on-duty officers who arrested him. He said they immediately took Welcome’s word before asking him or others information about the incident. Although he clearly had concussion and a broken wrist, the police cuffed Myrie and took him to the police station, where he stayed until the custody officer directed that he should go to hospital.
At trial the question had been whether or not Welcome had used excessive force, and while a jury found that he did, the Court of Appeal overturned the verdict, questioning if Welcome, as a police officer, was mentally aware at the time whether the force he was using was reasonable or not.
Welcome was off duty and accompanied by two other off-duty police officers, all of whom were said to be drunk at the time. The incident began when the cops were insulting and deriding Myrie’s girlfriend, using both sexist and racist language towards her.
When Myrie intervened, despite being off-duty, Welcome began to suggest that he was wanted by the police and, as an undercover cop, he needed to search his car. During the altercation on the forecourt, when Myrie was under threat from the three men, he had taken out a machete from his car and told them to back off. He had put down the weapon at the request of his girlfriend but it was then, when he was unarmed, that Welcome steered him to a dark spot behind the gas station, where he beat him up, knocked him out and broke his wrist, all of which was recorded on CCTV.
During trial a jury found, after seeing the evidence, that Welcome had used unnecessary force and found him guilty of unlawful wounding, but the judge’s directions to the jury were questioned at appeal. He had queried whether Welcome had the necessary “mental element” to constitute guilt but the appeal court judges said it was not enough to simply show he intended to apply force and the prosecutors needed to have established that Welcome also believed the degree of force he used was unreasonable.
Myrie claims a number of ongoing injuries in the suit, in which he is seeking unspecified financial damages. As well as his broken wrist and concussion, he states that he suffers from headaches, lightheadedness, a growth in his left eye, back pain, sensations in his leg, anxiety, agitation, irritability and flashbacks, among other problems detailed in a separate medical report.
Majority of police officers are aggressive and use their title as a threat to others. They do not protect the island, they are adding to the violence and crime that is already going on.
@ 8:39
I am not sure if you were trying to be funny or pedantic but either way you have failed.
For the record, there have been police officers who have been a Cabinet Minister, Partners in leading law firms, successful Businessmen just to name a few.
I have a tertiary education, including a postgraduate degree from recognised universities with international currency and unashamed to have served as a police officer.
Not all police officers are the same and the vast majority are hardworking, dedicated professionals.
For your information, Mr Welcome was charged and convicted but acquitted by the appellate court. It was the police, his own colleagues, that investigated the case and put forward a file to the DPP for consideration.
From what I have heard or read I am not aware of any racist comments made to or against Mr Marie’s girlfriend; therefore, please do not try to inflame the situation with malicious and unfounded information.
While I do not wish to condemn the officers in the US, who equally have a difficult job to do, you should be thankful that the RCIPS officers are trained to use only reasonable and proportionate force in response to the threat or risk faced and not the subject test that is practiced in the US and upheld by the Supreme Courts, otherwise there might be more Michael Brown.
I know of an armed officer, who was confronted with by an armed gunman outside of a nightclub and demonstrated extraordinary restraint by not discharging his weapon, which passed on the English Law test or reasonableness and proportionality might have been justified in discharging his weapon. By the way, he is a former officer from the Jamaican Constabulary Police Force. This further illustrates the point that you can’t judge all as the same.
God forbid, next time there is a disaster maybe the cops should just pack up and leave you and other ungrateful, like-minded persons but I guess you will be on the first flight anyway. How do you guys stay happy with such hate, vitriol and malice? Say something constructive and inspiring for a change. Thank God or whatever your belief is that today, we are not recovering from an earthquake and you still live in a safe place where the rule of law and democracy are still available to all.
P.S. For my own sanity I shall now avoid these sites unless CNS can find a way to issue a caveat at the top of such diatribe as a warning to the reader.
This claim would have had to be brought by 18 June 2012. Is seems way too late as a matter of law.
This is another good move. Finally people are seeing the sense of taking action in the Civil Courts rather doing nothing or accepting the farsical outcomes of internal enquiries.
A finding in the Civil Courts can lead to change people. Embrace it. It is long overdue time to hold those in official positions accountable for their actions.
Police in Cayman, as well as across the world, suffer from at least one or several medical conditions listed below:
1. NoBrainsitis – this disease refers to many police officers who lack brains
2. MentalRetardationitis – this disease affects police members who have some brains but are unable to use them
3. Uneducateditis – this refers to the officers’ lack of education
4. TooDumbtoApplyitis – this condition afflicts those officers who have an education but are unable to apply the things that they have learned – it is not to be confused with NoCommonSenseitis, another common affliction among officers, where officers may display similar symptoms and behaviours
5. Badgeitis – this disease refers to the entitlement and abuse of power that afflicts far too many police officers as soon as these dumb people are given a badge
6. Corruptitits – this disease allows and excuses the behaviour of those afflicted by Badgeitis to bury any misdeeds in as big as a hole as possible – unfortunately, it appears that this very serious disease also afflicts most Politicians and Civil Servants who have any sort of power, etc.
So Rabbe and his bully cop friends thought it was ok to insult a woman… He then takes the man “to a dark spot behind the gas station, where he beat him up, knocked him out…” Those who think it’s okay what he did because Mr. Myrie is/was a “thug”, think again. Some cops would not hesitate to do exactly the same thing to you, a law-abiding citizen, if it came down to you or them.
Sad to say I witnessed a case of that dark spot treatment during Pirates Week a few years ago.
Shame about the 3 year limitation period.
Cop or not, he should have went to jail. If the roles were reversed, Myrie would have been charged with being drunk in public, insulting the modesty of a woman, assaulting a police officer, DUI and god knows what else. It states here that the off duty officers were drunk also. Were they ever questioned as to how they got to the gas station?
“The incident began when the cops were insulting and deriding Myrie’s girlfriend, using both sexist and racist language towards her.”
Wow. I expect much better from persons with power and in a position of trust.