Just over 2 years ago, in April of 2016, Belize City resident Allyson Major became the first private citizen to successfully sue the Government and the Police Department over the Firearms Amendment Act of 2010. Well today, 20 year-old Brhea Bowen became the second claimant to win a victory against the government, and this time, the Barrow Administration must pay $10,000 in compensation, and $5,000 in court costs.
On July 6, 2012. The Gang Suppression Unit executed a search warrant at her family's home on Lacroix Boulevard in Belize City. When they searched under the flooring of the house, they found three cartridges for a 16-gauge shotgun, which were inside a black plastic bag.
Brhea, her mother, Romie Anthony, and her brother, Amir Anthony, were all arrested and charged with keeping unlicensed ammunition and they were all denied bail. The adult members of her family were remanded to prison, while she was remanded to the Youth Hostel. She was only 14 years-old at the time, and she wasn't even at home during the search. She was away at a summer camp in Burrell Boom, and she had to surrender to police when she got home.
4 years later, she and her entire family were acquitted after extended delays in the court procedure because the police couldn't prove that any of them had knowledge of the illegal ammunition that was found on their property.
She sued the Government for damages, and today, Justice Shona Griffith handed down her oral judgment which vindicates her position. The judge ruled that there was misapplication of the Firearms Amendment Act, and that the police can't simply "rest on their laurels" after finding a weapon or ammunition. They have to do more investigation to determine who the illegal items are actually for.
After the hearing, we got a chance to speak with her attorney, Anthony Sylvestre, about the case, and about her victory in this lawsuit. Here's what Sylvestre had to say:
Anthony Sylvestre, Attorney for the claimant
"The court determined that the claim, the constitutional claim, had merit and it was declared that the authorities, they breached her constitutional right not to be deprived of her liberty unless there is reasonable suspicion when they misapplied the law. The law at the time as you may have recalled, the infamous gun law for which many, many persons may have been swept and arrested under the provisions of the law. Interestingly the court declared that in her review and analysis of the law it does appear that the authorities would have been misapplying the law in many and most cases. But of course as the court also explained there are time limits for which claims would have had to been brought. So those persons clearly they would have been or maybe be out of time to bring any such claim. We are delighted because as the court indicated it is a declaration, vindication to Bowen who was a minor at the time. The award, as the court has explained the outline, there are consideration taken to and are factored when the court makes a determination as to the quantum. The sum was ten thousand dollars but as she had explained this is no indication that the court takes likely of her horrific experience. But as a matter of law factors such as the conduct of the authorities, was her arrest peculiar and specific to her? No, as she explained. It seems that the law was misapplied generally against the citizenry."
"One would think that since payment of whatever award of damages are done from the public purse that the policy makers, the government would take heed to a court decision and when policy decisions are taken that have such wide sweeping impact, that they then would be very wary and be much more cautious in respect to laws that are passed and how those laws fundamentally impact people."
Brhea, who was a 2nd form student at the time, also granted us an interview today, and she said that she is satisfied that justice has been served:
Brhea Bowen, Claimant
"It was my lawyer that was looking out for me and explained to me that it was wrong what happened to me and he was the one that pushed for it and made sure that I got justice. I am not a very vengeful person, so after the case was dismissed I honestly wasn't looking forward for really coming back to the court. But he said it would be the right thing to go and push the case."
Reporter
"This is a situation that many other families have faced and may possible continue to face. Are you satisfied that the GSU has been given a clear message from the court that you cannot just simply grab everybody just because you say that something illegal was at that house?"
Brhea Bowen, Claimant
"Yes. Because then the GSU just go. I believe the GSU needs to stop because they do not even do a proper investigation as to find out who it is for. They do not even try to find out if it's a set up or anything like that. They just arrest everyone. That is not right because it is innocent people. While I was locked up at the hostel we had a counselor and she looked at me and said 'how comes you are so humble to the situation because a lot of people when bad things like this happen to them they become people who really start break the law.' I said that I did nothing wrong. So why would I b e bitter? Why would I make bad karma for myself?"
Reporter
"Are you satisfied with the ten thousand dollars?"
Brhea Bowen
"I am satisfied with anything because I wasn't really asking for anything. I just wanted justice."
So, again, the court has awarded Brhea Bowen $10,000 in compensation, and additionally, the Government has to pay her court costs of $5,000.
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