Story Created:
Oct 31, 2011 at 12:52 AM ECT
Story Updated:
Oct 31, 2011 at 12:52 AM ECT
A convicted rapist sentenced to serve a 25-year jail term has been awarded $120,000 by a Port of Spain High Court Judge.
Justice Judith Jones on Friday awarded Kernel Sealy $100,000 in general damages inclusive of aggravated damages and $20,000 in exemplary damages. The sums awarded will carry interest in the sum of 6 per cent from October 29,2010. Costs of $27,000 were also awarded.
During the ruling, a stern-sounding Jones expressed alarm over the treatment meted out to Sealy at the hands of a prison officer. Moreso, Jones expressed dissatisfaction that taxpayers will once again have to bear the costs of unnecessary force used by the prison officer.
Stating, there have been high instances of brutality by police and prison officers, Jones said something needed to be done to curb such occurrences.
Noting, that she accepted Sealy's defence of what occurred, Jones said this was backed by medical documents supplied to the court. which showed the extent of injuries Sealy suffered to the head.
"Two things stood out in the evidence-the nature of the wound and how the wound came to be,"Jones said. Adding the prison officer "did not present to be a credible and was an unhelpful witness," Jones described the officer's evidence as "incredulous."
The State was represented by attorney Antoinette Alleyne, while Sealy was represented by attorneys Gerald Ramdeen and Varun Debideen.
It was Sealy's case that on July 23, last year, he was in a cell at the State Golden Grove Prison when he and another inmate got into an altercation over a pail.
The inmate attacked Sealy and both men started fighting. Prison officers on seeing what was happening approached the duo and started beating them with a riot stave
Sealy told the court "I was begging the officers not to hit me because I did not do anything wrong but they just continued beating me and the other inmate.
"I was hit a number of times all over my body, on my legs and arms and in my belly and back. I fell to the ground while the officers were beating me. I think I black out for a few moments and when I revived I remember passing my hand to the back of my head and seeing blood all over my hands and the floor. The officers had hit me to the back of my head and buss my head real bad. There was blood all over the ground and on my body," Sealy testified.
Sealy said he was able to identify one of the officers. The officer in his defence told the court he did not notice any injuries to Sealy and proffered the explanation that Sealy's injuries came as a result of Sealy hitting against the wall of the prison during his fight.
Sealey, alias "Stone", 35, a rigger, of Sherwood Park, Arima, was found guilty by a nine member jury of rape, buggery, grievous sexual assault and common assault.
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