Court throws out former cop’s lawsuit against Ministerial Advisor

A lawsuit filed by former Police Constable Kelon Gilbert against Ministerial Advisor Harry Gill has been dismissed by the High Court. That High Court ruling has been upheld by the Full Court. 

The Full Court, on Monday, June 5, dismissed the appeal filed by Gilbert against the ruling of a High Court Judge, Damone Younge that his claim against Gill did not disclose any reasonable grounds for bringing the claim and that it was untenable in law. 

The appeal to the Full Court was brought on similar facts to the High Court action.

Justices Nareshwar Harnanan and Sandil Kissoon, sitting in the Full Court, agreed with submissions by Gill’s lawyers’ that Attorney-at-Law Eusi Anderson, who represented Gilbert, did not present any evidence to support the appeal.

The Full Court Judges ruled in favour of Harry Gill, who was represented by Attorneys-at-Law Sanjeev Datadin, Donovan Rangiah and Tiffini Barton, awarding costs of $250,000 to Gill.

In his statement of claim, Gilbert had sought damages in excess of $5 million for intentional infliction of emotional distress on him at his station of employment on April 21, 2022.

The origins of the action stemmed from Gilbert, a former TSU Police rank, who was caught sound asleep at 3:00 pm with a high-powered weapon on his lap, while he was supposed to be guarding the residence of Ministerial Advisor, Harry Gill.

Gilbert had sued Gill for videotaping him while he was sleeping on duty. 

The video was subsequently leaked to social media. The former cop had said that he was working for more than 20 hours without food and water and that Gill was well aware of this situation.

This action was filed after Gill disregarded Gilbert’s demand for a public apology.

Harry Gill’s Attorneys-at-Law, had argued, inter alia, that the pleadings filed by Gilbert’s Attorney-at-Law disclosed no reasonable cause of action for remedies and relief that are available under law and that his claim was an abuse of the process of the court because he cannot benefit from his own wrongdoings or the consequence of his actions.

Justice Younge in the High Court ruled in favour of Gill and struck out the claim brought by Gilbert; and in so doing, awarded costs in the sum of $100,000 to Gill.