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Magistrate launches wrongful arrest suit against Attorney-General and police officer

Khamisi Tokunbo (File photograph)

A magistrate launched legal action yesterday for wrongful arrest against the Attorney-General and a police officer.

Khamisi Tokunbo filed a writ against the Commissioner of Police last year, but the Supreme Court heard yesterday that he wanted to amend the documents to include the Attorney-General and Colin Mill, the arresting officer, as defendants.

But Brian Myrie, from the Attorney-General’s Chambers, submitted the case should be struck out as there was “no cause of action”.

The case was adjourned so that Victoria Greening, who appeared for Mr Tokunbo, could make amendments to the case and Mr Myrie could respond.

Mr Tokunbo was arrested after a car crash in Paget on January 19, 2019 and charged with failure to provide a breath sample, which he denied.

The Magistrates’ Court trial heard that police were called to the crash, near the public entrance to Elbow Beach, and found Mr Tokunbo’s car “completely off the road” and down an embankment.

Mr Tokunbo and his friend, Allen Robinson, had been in the vehicle at the time.

PC Mill spoke to Mr Tokunbo, from Warwick, who denied that he had been behind the wheel.

The officer testified that Mr Tokunbo appeared to be unsteady on his feet and John Jefferis, a witness at the scene, was recorded on body camera as he told PC Mill that he had pulled Mr Robinson from the passenger side of the car.

PC Mill was heard to tell the witness he did not want to let “someone like this get away with this s**t”.

Valdis Foldats, a magistrate from the Cayman Islands drafted in to hear the original case, ruled that Mr Tokunbo’s detention after the crash was illegal because PC Mill did not have “an honest subjective belief” that he had reasonable grounds to make the arrest.

Mr Tokunbo has also launched legal action in the Supreme Court against Mr Robinson — who pleaded guilty to a charge that he refused a breath test — in an attempt to recoup the cost of a replacement car.

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