By Elesha George
Attorney Warren Cassell and his client Johnathan Joseph are deciding whether to file a civil action suit in the High Court against a police officer who allegedly beat the 26-year-old in April.
“Mr Joseph will now consider pursuing action against the police officer in the High Court,” the lawyer said.
This comes after a case brought by police against Joseph was dismissed on Wednesday morning because the prosecution did not file the disclosure within the allotted six-month period.
Disclosure is a copy of the evidence that the Crown and the police have collected to prosecute the case but, according to the lawyer, the defence simply was not given enough time to know the evidence against his client.
“The magistrate felt that there was an inordinate delay, almost like an abuse of process,” Cassell said, telling Observer that he was only handed documents from the prosecution two minutes before the hearing.
The man was apparently beaten at his home in St Johnston’s Village for allegedly standing outside his house without a mask.
Joseph told Observer at the time that the officer punched him in his eye and continued to follow him as he fled to the verandah of his house. The officer, who at the time was said to not be wearing police uniform, then allegedly entered the man’s house and beat him with a baton.
File photo of Johnathan Joseph
Police spokesman Inspector Frankie Thomas, while relaying the incident to Observer, said that Joseph had refused to adhere to the officer’s command to leave the area where he and a few friends were sitting. He also said Joseph had cursed the officer.
According to Thomas, when the officer attempted to arrest the 26-year-old, he resisted. He added that Joseph left and returned with a machete.
After the beating, Joseph was taken to the hospital by members of the Defence Force, where he received 11 stitches for a wound to his head, and was sent home the following day.
A day later, he was arrested and charged for failing to comply with curfew restrictions, resisting arrest, making use of indecent language and threatening language, being armed with an offensive weapon and battery on a police officer.
The man pleaded guilty to three of the offences – being armed with an offensive weapon, making use of threatening language and resisting arrest – and was remanded to prison.