‘Bizarre arrest’
Fisherman acquitted after five-day jail ordeal for ‘stealing’ own car
Published:Monday | February 3, 2025 | 5:13 PMCorey Robinson - Senior Staff Reporter
Attorneys representing Portmore, St Catherine resident Dwayne Leckie say they are prepared to explore all options in their pursuit of compensation after Leckie was arrested and thrown in jail for five days by cops who accused him of stealing his own car.
The incident took place on August 27, 2022, but it wasn’t until last Friday, after numerous court appearances, mounting legal fees, and significant stress, that Leckie – ultimately charged with resisting arrest, assaulting a constable, and indecent exposure – was acquitted of all charges in the Kingston and St Andrew Parish Court.
“All options are open and possible,” said Britney-Lee Johnson, one of the attorneys.
Leckie, a fisherman who also drives a tow truck and works as a mechanic to make ends meet, has faced significant hardship, Johnson told The Sunday Gleaner.
“This case is just bizarre. That’s the only way I can put it to you. There is no other way,” she said.
Leckie recounted the harrowing events from that morning, when he was standing next to his black Toyota Mark X, parked in a designated spot on Port Royal Street in downtown Kingston, waiting for his girlfriend. While there, he said he was approached by police in a service vehicle, who accused him of stealing the car he was beside.
Despite reportedly showing them documents proving ownership of the vehicle, the officers arrested Leckie and took him to the Kingston Central Police Station.
ALLEGEDLY BEATEN
At the station, despite confirmation that the vehicle’s chassis and engine numbers matched his documents, the police reportedly demanded access to his phone. When he refused, Leckie claimed that the officers pepper-sprayed and brutally beat him, resulting in a fractured left hand.
After receiving treatment at Kingston Public Hospital, Leckie was returned to a cell, where he endured five painful days in custody.
Nighttime in the cell was particularly difficult, Leckie remembered. With only three concrete bunks in a small room shared with several other detainees, those who arrived first got to claim a bunk, while newcomers like him were forced to take turns sleeping. His injured hand made it especially hard to sleep, and he was allowed a bunk by fellow inmates who sympathised with him.
The conditions in the lockup were appalling, he added, with inmates using water bottles to urinate, often having to wait until morning to relieve their bladders.
He is still haunted by the whole experience, he told The Sunday Gleaner.
“Because, I didn’t do anything, and I found myself in lockup. So that by itself was very traumatising. You would be saying the police are supposed to protect and serve you, but it was like they were abusing my rights,” charged Leckie.
He added that in jail, “when night comes, it is like day cannot come [fast enough] ... . I slept on a little concrete bunk thing, and my hand did bruck so you know I’m in pain and it was uncomfortable.
“The place is so small that you can’t even turn. And when you use that bottle [to urinate], you can’t let it touch anybody. Otherwise, it is war. I got some pain medication and when I take them, I fall asleep for a little and shortly after that, is pain waking me up again,” he said of his experience, adding that there were rats and roaches and the air was thick with unpleasant smells.
He said he is happy that the chapter is now over.
“It’s a joy because I was so stressed over the whole situation. It’s more than words can even explain,” he said. “I feel so happy to get over this hurdle. This was causing a lot of headaches and sleepless nights.”
Yesterday, the divisional commander for the Kingston Central Police Division, Superintendent Beresford Williams, confirmed to The Sunday Gleaner that he was at the division in 2022, but said he was unaware of the incident and the court case.
Judge Simone Walker-McFarlane acquitted Leckie of the charges.
Johnson said the judge questioned the actions of the arresting officers, noting that they failed to say why he was suspected to be stealing the car and that they could have verified the vehicle documents at the scene.
“This judgment echoes the provisions as promulgated by the Constitution of Jamaica that citizens should never be arbitrarily arrested, as that is simply unlawful,” noted Johnson, adding that the case serves as a reminder that police officers must act within the law.
“There was no evidence to substantiate an arrest any at all. Why was he arrested? Why was he detained for days? Why did the police officers break his hand? There is so much injustice in this case,” she said, expressing astonishment at the weaknesses in the Crown’s case, particularly during cross-examination.