A SENIOR police officer who was charged with malicious damage and other traffic-related offences by Arima municipal police has lost his malicious prosecution lawsuit against the borough corporation and the State.
In June 2020, acting Snr Supt Julien Johnson, then assigned to the Inter-Agency Task Force (IATF), faced four charges stemming from an incident earlier that year. It was reported that on January 20, 2020, while at the Windsor Building on Hollis Avenue, Arima, he reversed into another vehicle. At the time, Johnson was driving a Nissan Frontier pickup rented to the IATF.
Municipal police officers arrived at the scene and asked Johnson for his driver’s permit and certificate of insurance, but he refused and became combative. He was arrested and taken to the Arima Municipal Police Station.
In his ruling on May 21, Justice Frank Seepersad said the municipal police had the legal authority under the Municipal Corporations Act, the Police Service Act, and the Motor Vehicles and Road Traffic Act (MVRTA) to arrest Johnson.
“The court is of the view that the municipal police officers were within their remit to make enquiries of the claimant relevant to the report they received from the other driver, and having regard to their own observations,” Seepersad said.
He also stated that they “did the right thing” by intervening since the situation could have escalated.
In his testimony on May 19, Johnson said he was attending to personal business when his vehicle made contact with the car. Video footage of the incident was shown during the trial.
Johnson insisted the municipal police had no jurisdiction to investigate road traffic accidents and did not have the same powers of arrest as members of the Trinidad and Tobago Police Service (TTPS).
“I had an issue with the other driver and none with the borough police,” he said.
Johnson said he gave the other driver his certificate of insurance, which later turned out to be expired, and gave the municipal police his permit.
He said he identified himself as a senior superintendent to the officers when confronted, but denied “pulling rank.”
“I wanted these junior officers to know they were not operating under the law.”
Johnson insisted his arrest was unlawful, denying that he resisted or obstructed the officers. He also denied being abusive.
When confronted by State attorneys about allegedly telling the officers, “I’m not dealing with allyuh because allyuh is municipal police,” Johnson responded, “When I said that, I meant they had no jurisdiction to investigate road traffic accidents.” He also denied telling the municipal officers he would only speak with TTPS officers.
“I told them I was going to the Arima Police Station since they had no jurisdiction.”
Johnson also said he was arrested before being informed of his rights. “I was assaulted and battered. My arrest was unlawful as far as I am concerned.”
Seepersad said the municipal police asked Johnson for his documents, which he did not initially provide, and that he appeared incensed by their qu
