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The victim is Leon Duncan, who made our newscast in August 2019 when police had to escort him to magistrate court in a wheelchair on a burglary charge. Both of his legs were broken, and very early in his arraignment in 2019, he told the presiding magistrate that police officers, Constables McKoy and Williams, broke his legs and beat him in the face with a broomstick. They were responding to a burglary of an apartment and viciously beat him because he refused to disclose the identities of two men who were fleeing the scene of the crime in progress. In 2019 he appeared off camera on 7News when he told us he didn't know who the escaping persons were:

Leon Duncan, Victim Of Police Brutality
"And they handcuffed me and started to kick both of my knees which broke both of my legs. After they broke my legs I told them: "you've already broken my legs" and they still didn't want to leave me alone they were telling me: "Talk, Talk" I told them I don't know those people and they started to hit me with a broomstick even after they had broken my legs. They hit m in my face and fractured my nose, after that they brought me to the hospital and told me that I would be charged for a burglary that I have no knowledge about."

Voice of: Sister of Victim of Police brutality
"When I visited the scene I spoke to all the neighbours. It's like alot of houses together and they all, a lot of people, came out and said, "Mein, the police they beat your brother badly." And they said that police brought him there to beat him. He was actually not jumping the fence according to them. He was actually on the side that he said he was on where he went for the phone. And he, they took him there and beat him, Blood is still on the spot they said they push his face in the mud, they punched him in his face, they said they threw him in the pan of the pickup, they did alot of things to him. They kicked him all over. He was screaming, he was crying. My brother said the CIB officer literally took off his pants and was just beating him in his private parts, his private area, but all this while they were beating him they were questioning him and they were saying: "you will talk, you will talk, we will broke you up you will talk." All because they want this information from him." We just wanted everyone to know again that the police are especially the GSU are still currently beating people senselessly unnecessarily wrongly We will pursue legal action of course because I've seen this so many times and God knows they will not learn any lesson but the state that he's in I believe he is due compensation."

For that grievous beatdown, his attorney Anthony Sylvestre filed a civil suit against the Attorney General, the Commissioner of Police, and Police Constables Marvin McKoy and Sheldon Williams.

In their defense, the Attorney General's ministry said that while police were at the scene, at no time did they assault, batter, or harm Duncan. In his defense, Constable McKoy told the court that he was not even on active duty. An officer brought in to confirm this did, however, admit under cross-examination that he did not prepare a situation report for that day, and he could not say if the defendant was on duty or not.

Constable Williams, the other officer accused of brutality, admitted to the court that he pulled down the claimant's pants to assess the injuries that he was complaining about. But he also denied assaulting or battering the claimant.

The presiding judge notes that the police did not produce any documentation which recorded any details or actions taken or even a written account of what happened.

Justice Shoman then notes, quote, "The only witness with a clear account of the events of that fateful night is (the victim, Duncan)...a clear, cogent, and credible witness. The four police officers who are witnesses for the defense provide a confusing, evasive version of events with crucial details omitted that is simply not convincing...

I believe that...(the police officers) did assault him….(And) are therefore liable for the assault and battery of the Claimant, (while) the 1st and 2nd Defendants are vicariously liable for their acts as police officers acting in the course of their duty..."

Justice Shoman then orders that Duncan's claim for damages for personal injury, pain, and suffering for an unlawful assault and battery by the two constables succeed.

Additionally, the judge ruled that the defendants must pay $175 thousand dollars as general damages in 17 monthly installments. Justice Shoman also ordered that the defendants must pay $8,522.22 in special damages.

And finally, the judge ordered that the defendants must pay the Claimant's court costs of $20,000 dollars.