Man whose convictions were quashed sues for $3m
A man who spent a decade behind bars over attempted murder and firearm convictions that were later quashed is suing the Government for about $3 million.
Anwar Muhammad launched legal action in the civil jurisdiction of the Supreme Court, where he is claiming damages.
A writ filed on August 18 said that Mr Muhammad sought more than $2.02 million in damages for loss of liberty, about $740,000 for “reasonable career trajectory loss” and $240,000 for loss of pre-imprisonment income.
He was convicted by a jury in 2012 of using a firearm to attempt to kill Shantoine Prinston Burrows in Sandys on August 23, 2010, and served 10½ years of a 25-year jail sentence before being released on parole.
Mr Muhammad denied any involvement in the crimes.
The civil writ stated that after his arrest and during his 2012 trial, reliance was placed upon forensic DNA analysis that was “reduced to reports” of Florida-based Trinity DNA Solutions, which appears to have been dissolved.
It added that the laboratory’s forensic scientist, Candy Zuleger, analysed a black adidas sneaker and that the Director of Public Prosecutions “heavily relied on DNA extracted from the said left-foot adidas sneaker left at the scene, claiming it matched both the victim’s blood and Mr Muhammad’s DNA”.
The case was one of almost 300 reviewed by Cindy Clarke, the Director of Public Prosecutions, after the Privy Council ruled in 2024 that DNA evidence submitted by Ms Zuleger in the separate case of Julian Washington was flawed.
The Court of Appeal quashed Mr Muhammad’s convictions last year after Ms Clarke found them to be “unsafe”.
Mr Muhammad’s civil suit, filed by Browne Scott Barristers and Attorneys, lists the defendant as the Attorney-General as a representative of the Central Government Laboratory — under the Department of Health — the Ministry of Health, the Bermuda Police Service and the Department of Public Prosecutions.
The writ claimed that it was a “reasonable expectation” for the Central Government Lab to be familiar with the “interpretation of DNA profiles and the process of statistical analysis” and that police and prosecutors should have known how to distinguish good from “unreliable or flawed” analysis.
It also argued that the plaintiff was entitled to the rights of liberty and a fair trial, and was entitled to seek redress under the common law wrongs of negligence and false imprisonment after his exoneration.
The claim added that the Government is “vicariously liable” for the actions of its agents, who, it stated, should have known about the weaknesses of Trinity Solutions’s interpretations, “yet persisted and continued to advance said evidence to the prejudice, harm and distress, and loss of freedom of the plaintiff for 10½ years”.
It also stated that the actions resulted in “a profound miscarriage of justice and a profound tortious act on the part of these agencies for acts they performed and omissions they made in the name of the Government”.
The writ claimed that this also caused Mr Muhammad to lose his liberty, pre-incarceration income as a barber, future earning capacity, career trajectory as a painter, social relationships, as well as psychological injury and reputational harm.
The Attorney-General’s Office and Browne Scott declined to comment about the case when contacted by The Royal Gazette.
Mr Muhammad’s conviction had been upheld in a 2014 appeal, although the Court of Appeal at that time made him eligible for parole 2½ years earlier than the original 12½-year threshold.
The appeal court heard in 2025 from Susan Mulligan, who was his lawyer, that the conviction was upheld in 2014 on the grounds that the DNA evidence had been believed by the court to be “overwhelming”.
Mr Muhammad was at that time commended by the Court of Appeal for getting on with his life and becoming a positive figure in his community since his release.
Justice of Appeal Ian Kawaley told Ms Mulligan that the court was “pleased to hear that, despite the fact that he has served his full custodial term, rather than being broken by his experience, he has in fact been apparently restored”.
He added then: “I commend him to continue his positive efforts in the community, and I hope that this experience has made him stronger rather than weaker, and he will go forward without bitterness or undue regret.”
Ms Mulligan told the court that her client had gone back to his old trade of working as a barber, and regularly posted YouTube videos aimed at dissuading young men from falling into criminal behaviour.
She said: “It’s unfortunate that Mr Muhammad has done all of his time and been through this ordeal, but he is doing very well and being a positive role model for people.”
The writ said that Mr Muhammad had run a painting business since his release from the Department of Corrections.
Separately, Mr Washington, whose convictions for murder, attempted murder and firearm offences were overturned in 2024, also filed a claim against the Government in October, seeking a total of $21 million for wrongful imprisonment and special, aggravated and exemplary damages.
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