KINGSTON, Jamaica – The Constitutional Court has awarded nearly $18 million in damages to Roshaine Clarke, the St James taxi operator who it found was unlawfully detained for seven months under the state of emergency (SOE) that was declared for the western parish in January 2018.

The Full Court comprising Justices Chester Stamp, Anne-Marie Nembhard and Tara Carr handed down the landmark decision which will have consequences for how future SOEs are implemented in Jamaica, a short while ago.

The justices also found that the Emergency Regulations governing the SOEs were unconstitutional.

The Court was asked to consider whether some of the Emergency Powers Regulations infringed or violated the Charter of Fundamental Rights and Freedoms of the Constitution, and if so, whether these breaches were reasonably justified for achieving the purpose of the SOE in St James.

“Additionally, the Court had to consider and determine whether any of Mr Clarke’s constitutional rights had been infringed or violated, and if so, whether he’s entitled to redress,” said the summary that was read out in Court by Justice Chester Stamp..

“In disposing of the case, the court held and declared the Emergency Powers Regulations Sections 22 and 32…in respect to the fundamental rights of freedom of movement, Regulations 30, 33 and 38, in respect to the fundamental right to freedom and liberty, breached the Charter of Fundamental Rights and Freedoms of the Constitution,” the summary added.

The Court declared the regulations unconstitutional, arguing that: “They gave the authorities unduly unfettered power to abrogate the fundamental rights of a wide class of persons in society without evidence establishing that they were reasonably justified for achieving the purposes of the state of emergency”.

The Court also found and held that Mr Clarke’s fundamental rights and freedoms under the Constitution, in particular his right to freedom and liberty, his right to be informed of the reason for his detention as soon as is reasonably practicable and his right to be brought forthwith, or as soon as is reasonably practicably before an officer authorised by law or a Court had been violated and that he’s entitled to damages as redress for these violations.

Having so concluded, the Court awarded Clarke a total $17,862,000 inclusive of compensatory, compensatory, vindicatory and aggravated damages.

The Court acknowledged that the case “raises issues of paramount national importance in an area where the fundamental rights and freedoms of individuals in Jamaica traverse the measures adopted by the State to protect the society in general”.

Hours before the judgment was made public, Prime Minister Andrew Holness declared another SOE for the parish of St Catherine which has seen a flare-up of gang violence in recent months and which has claimed a number of lives.

READ: Prime Minister declares state of public emergency in St Catherine

And, another case involving five men who sued the government over their unlawful and extended detentions during SOEs, is pending.