Magistrate Khamisi Tokunbo has launched legal action for wrongful arrest against Bermuda’s Attorney General and a police officer.
The writ was filed in the Supreme Court against the Commissioner of Police last year.
But the court heard yesterday (Feb 22) that Mr Tokunbo wants to amend the documents to include the Attorney General, Kathy Lynn Simmons and the arresting officer, Colin Mill, as defendants.
The Crown contends that the case should be struck out as there was “no cause of action”.
The case was adjourned to allow Mr Tokunbo’s lawyer time to amendments to the case and for the Crown to respond.
It all stems from Mr Tokunbo’s arrest, following a single vehicle car crash in Paget on January 19, 2019.
He was subsequently charged with failure to provide a breath sample, which Mr Tokunbo denied.
The accident occurred near the public entrance to Elbow Beach. Mr Tokunbo’s car was “completely off the road” and found down an embankment.
Both Mr Tokunbo and his friend, Allen Robinson, were found in the vehicle when the crash occurred.
Mr Tokunbo denied that he was behind the wheel.
The officer testified that the Magistrate appeared to be unsteady on his feet.
John Jefferis, a witness at the scene, was recorded on the officer’s body camera saying he pulled Mr Robinson out of the car from the passenger side.
PC Mill was heard saying he did not want to let “someone like this get away with this s**t”.
The judge, a Magistrate from the Cayman Islands, ruled that Mr Tokunbo’s detention after the crash was illegal because the officer did not have “an honest subjective belief” that he had reasonable grounds for an arrest.
Mr Tokunbo has also launched legal action in the Supreme Court against Mr Robinson — who admitted that he refused a breath test — in an attempt to recoup the cost for a replacement car.