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BASSETERRE, St. Kitts / CHARLESTOWN, Nevis — The High Court of Justice in St. Kitts and Nevis has awarded EC$30,000 in damages to Malvern Walwyn after finding that he was subjected to inhumane treatment when a police officer stood on his back while he was face down in a drain during an arrest in 2021.

The ruling, delivered by Justice Iain Morley KC in the Nevis Circuit of the Eastern Caribbean Supreme Court, stemmed from a constitutional claim brought by Walwyn against the Attorney General of St. Christopher and Nevis. The court found that although Walwyn’s arrest was lawful, the use of force later captured on video crossed the constitutional line.

According to the judgment, Walwyn, now 45, was arrested on February 5, 2021, in connection with the wounding of Clive Prentis. The court noted that the initial arrest and use of force were conceded by Walwyn’s counsel as lawful. However, liability was conceded by the Crown for what occurred afterward, when an officer stood on Walwyn’s back while he was in a drain, resulting in two fractured ribs.

Justice Morley described the image of a police officer standing on the back of an arrestee in a drain as an “unacceptablesight” and an “inhumane abuse of arrest power.” The court found that the act caused unwarranted physical harm and warranted a strong judicial response.

Walwyn had sought a declaration and damages under Section 7 of the Constitution of Saint Christopher and Nevis, arguing that he had been treated inhumanely. The court ultimately agreed that his constitutional right had been breached.

The judgment stated that Walwyn suffered cuts, bruises, abrasions, pain in his back and left side, and two fractured ribs. He was examined by medical professionals following the incident, and an x-ray later confirmed the rib fractures. The court accepted that the injuries would have caused prolonged pain and distress, though it also noted that Walwyn eventually made a full recovery.

However, the court also made strong findings about Walwyn’s conduct during the arrest. Justice Morley concluded that Walwyn had deliberately provoked and baited the officers, including by creating a scene during the arrest. The court found that this conduct significantly contributed to the events that followed.

As a result, while the court initially considered EC$100,000 in exemplary damages and EC$20,000 in general damages, Justice Morley reduced the total award by 75%, bringing the final damages figure to EC$30,000. The court said the reduction was intended to discourage persons from attempting to turn arrests into grounds for financial claims by provoking police overreaction.

The court declined to award damages for loss of earnings, finding that Walwyn had not provided sufficient evidence to prove calculable income loss. It also declined to award vindicatory damages, citing the court’s finding that Walwyn had contributed to the circumstances through his own conduct.

In addition to the damages, the court awarded EC$5,000 in costs, bringing the total amount payable through counsel to EC$35,000. The court ordered that the payment be made to the office of Walwyn’s attorney, Mr. Patrice Nisbett, within 28 days.

Justice Morley also acknowledged the difficulties of policing, stating that the court had sympathy for officers faced with provocative behaviour. However, he emphasized that police officers are expected to maintain high standards, even in challenging circumstances.

The ruling concluded with a declaration that Walwyn had received inhumane treatment contrary to the Constitution, while also making clear that the court viewed the case as one involving both improper police conduct and provocative behaviour by the claimant.

The Attorney General was represented by Mr. Christopher Forde and Ms. Ashley Maynard.