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Police Face Wrongful Imprisonment Lawsuit

Mario McCartney

A corporate lawyer whose conviction for assault with a deadly weapon was overturned in the Court of Appeal last month, said he intends to sue the police for damages.

Mario McCartney, of Lex Justis Counsel and Attorney at Law, told The Nassau Guardian in a recent interview that he lodged an official complaint with the Royal Bahamas Police Force Complaints and Corruptions Unit. However, he intends to take it a step further.

“I have instructed my attorney here to commence legal proceedings for false imprisonment, malicious prosecution and assault and battery on part of the complainant and the police force,” McCartney said last week.

McCartney’s lawyer Mark Rolle said he is preparing the documents to file in court.

McCartney was arrested on June 2011 and later charged with assault with a deadly weapon. However, he said he was merely trying to defend his family.

McCartney was found guilty of the offense and sentenced to nine months in prison or a fine of $3,500, Rolle said.

Rolle said the complainant said he had done nothing wrong and felt afraid for his life

“I was arrested without knowing what I was arrested for and charged without knowing what I was being charged for. I only found out these alleged criminal offenses on my first appearance (in the magistrates court).”

However, he said he is grateful for the vindication. The appellate court quashed the conviction and sentence on February 14.

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