Barbara Gayle, Staff Reporter

A Supreme Court judge, in handing down judgement yesterday in favour of 30-year-old higgler, Oneil Ebanks of Central Village, St. Catherine, sent a clear message that it was unlawful to round up persons for processing.

Ebanks, who was picked up for processing in September 2002 to see if he was wanted for any crimes, was yesterday awarded $1.1 million in damages. He had sued the Attorney-General and Const. Desmond Brown for false imprisonment and assault.

Attorney-at-law Andrew Irving, who represented Ebanks, asked Mrs. Justice Carol Beswick to make a substantial award because the police had no lawful authority to "just indiscriminately pick up Ebanks off the street for processing", to see if he was wanted for any offence.

Ebanks, who was detained by the police for seven hours at the Central Village Police Station and at a police station in Portmore, also in St. Catherine, was awarded $120,000 for false imprisonment. Ebanks was about two doors from his house at Central Village when he was picked up by the police.

Beaten with baton

In giving evidence, Ebanks said while he was handcuffed at the police station he "screwed up his face" and Constable Brown beat him with a baton and fractured his right elbow.

The judge awarded him $900,000 in damages for pain and suffering arising from the assault, and $30,000 in special damages.

The defendants admitted that they were looking for wanted men and Ebanks was picked up for processing. It was admitted under cross-examination that, when Ebanks was picked up, he was not committing any offence or about to commit any offence, and there was no warrant for his arrest.