Mario Matthew, who sued police for allegedly damaging his black 2001 Toyota Corolla, has lost his case at High Court.
Police chased down Mr. Matthew’s car in May 2007, and eventually fired shots at the vehicle to make it stop, High Court Justice Vicki Ann Ellis wrote in a June 15 judgment.
After breaking the car’s window and forcibly pulling out the claimant, Ms. Ellis stated, the police allegedly found illegal drugs in the vehicle.
The Toyota was seized and moved to the Road Town Police Station, where it remained for about four years.
Ms. Ellis, who explained that illegal substances and ammunition were also found in Mr. Matthew’s home, said the claimant was convicted in 2009, and imprisoned for two and a half years.
After his release in May 2011, Mr. Matthew retrieved his car and filed a suit against the police commissioner on Sept. 14, 2011, claiming that his car was damaged by police negligence.
In his claim, Mr. Matthew stated, “The deterioration of the vehicle from its previous excellent condition is exclusively due to the negligence of the police while it was stored at the Road Town Police Station and physical damage inflicted by the police at the time the vehicle was seized.”
The police, however, argued that they had taken the necessary measures to stop the car, and said they had asked Mr. Matthew and his family to pick up the vehicle on multiple occasions, starting in 2007.
The court found in favor of the defendants, stating that police had a “public duty” to stop the car, as they believed it contained illegal drugs.
Additionally, as four years had passed since the car was seized, the court stated that it was satisfied that the claimant’s failure to collect and remove his vehicle was wholly unreasonable and the direct cause of any damage which may have been caused to the car.
His case was therefore dismissed. Mr. Matthew was represented by Lewis Hunte QC and Shelly Bend.