A Haitian man who spent six years in prison without being tried on a sex charge has sued the government over his continued detention by immigration officials.
Jasmyr Etienne was denied bail after his arraignment on a charge of unlawful sexual intercourse in January 2007 because he had no ties to the country.
The Crown discontinued the matter against Etienne on February 20, 2013 with the presentation of a nolle prosequi.
At this point, Etienne had already been in prison for the equivalent of the maximum sentence. Etienne was remanded to the Carmichael Road Detention Centre.
However, his lawyer Dorsey McPhee said that Etienne remains in custody without any word on when he will be repatriated.
McPhee said the government has yet to pay Etienne an award of $5,000 for the breach of constitutional right to trial within a reasonable period.
The Department of Immigration and the attorney general are named as defendants in the action.
According to a statement of claim, the defendants have not complied with the judge’s award, which was to draw interest at 10 percent if not paid by June 3, 2013.
Etienne said he has suffered loss and damage by his continued unlawful detention.
He is seeking general, aggravated and exemplary damages for false imprisonment and legal costs.
McPhee told The Nassau Guardian that he hopes that swift justice occurs in the matter.
McPhee said that there could be no reasonable defense to allegations contained in the statement of claim and the government’s failure to pay the sum awarded by the court.
By: Artesia Davis
Guardian Senior Reporter
