NASSAU- A lawsuit filed by a lawyer who was arrested after a heated exchange with a magistrate will proceed, a judge ruled yesterday.
The Attorney General’s Office, also also a defendant in the matter, had asked the judge to dismiss Romona Farquharson’s case against Magistrate Carolyn Vogt-Evans.
The magistrate ordered Farquharson arrested and taken into custody on March 8, 2017 after finding her guilty of contempt.
Farquharson was in court to represent Melinda Clayton. During the trial a dispute arose over the admissibility of evidence.
The suit alleges that the magistrate ordered Farquharson to “shut up and sit down.”
Then the magistrate held Farquharson in contempt and ordered her arrested an taken to the cell block.
The magistrate allegedly directed the arresting officer to “take her through the prisoner’s dock. She is no different than anyone else.”
Farquharson alleges that the magistrate lacked the power to hold her in contempt.
What’s more, she was never told why she was held in contempt and neither did she have a chance to present a defense.
Farquharson said she was paraded past male detainees in the prisoner’s dock and taken to the cell block where she remained for three hours.
Farquharson is seeking damages of injury to reputation; damages for breach of constitutional rights; damages for wrongful arrest and false detention.
But Crown lawyers David Whymms and Sophia Thompson-Williams asked the court to strike out the suit.
They argued that the AG’s Office could not be held responsible for the alleged actions of the magistrate.
Moreover, they said the magistrate had “immunity” as she was acting in her judicial capacity.
So, if she couldn’t be held civilly liable, then neither could the AG.
They asked the court to toss the suit against both the magistrate and the AG.
However, Justice Diane Stewart didn’t agree.
Gia Moxey represents Farquharson.
