A security guard who was fired after he was accused of theft from a job site at Millennium Park, Trincity, will receive just under $200,000 for malicious prosecution.
The State was also ordered to pay Dexter Gaulteau costs of $40,537.13, as well as interest on the general, special and exemplary damages.
Making the order was Justice Eleanor Donaldson-Honeywell, who held that the police officer who charged him did not have any reason other than “coerced confessions” to charge Galteau with larceny.
“Additionally, based on this clear absence of reasonable and probable cause, as well as the evidence of fabricated confession statements, the court finds that the prosecution was actuated by malice,” the judge held.
Gaulteau was charged with larceny of nine batteries from contractors on the site and a radio from one of his colleagues. The alleged incidents took place in 2012 and 2013. The charges against him were dismissed when the police officers who laid the charges failed to show up in court.
At his trial, he maintained his innocence, saying he provided an alibi for the dates the batteries were allegedly stolen, as he had been rostered at a private hospital in the east at the time.
In its defence, the State insisted the officers who arrested and charged Galteau had reasonable and probable cause, since they had two confession statements he had signed.
However, at his trial, he said he was threatened and coerced to sign the confession documents. Nothing was found at his home during a search.
After assessing the evidence of the five police officers who testified at the trial – including the three charging officers, PCs Kevin De Four, Alister Oliver and Ricardo Benaldo – the judge said the evidence did not prove there were reasons to charge Galteau other than the two “coerced confessions.”
“Thus, the court accepts as more credible that someone else fabricated the second statement, as was the case with the first one.
“As there are two versions of how the second statement came about, the court must consider which version is more credible.
“Notably, there are glaring red flags that make it unlikely that the claimant would sign a second statement that differs materially from the first one just a few hours later.
“The second statement appears, from its inconsistencies, to be intended to bring the claimant’s confession in line with the allegations against him,” the judge said in her ruling.
Galteau was represented by attorneys Ganesh Saroop, Jared Jagroo and Jochelle Lootawan of Freedom Law Chambers. The State was represented by Ronnelle Hinds and Kendra Mark.
