Police will pay $50,000 in damages to radio station owner Zarah Harper for unlawfully arresting her and searching her home, her lawyer revealed.

Jerome Lynch, KC told The Royal Gazette: “I can confirm that the Bermuda Police Service have agreed without much argument to pay all our costs and $50,000 in damages.”

His client, who won a civil lawsuit against the Commissioner of Police in the Supreme Court on October 6, declined to share a figure for the cost of bringing the case.

Mr Lynch said it was a lot less than it could have been, because there was a “degree of overlap” with the criminal trial against Ms Harper.

“I had to prepare the criminal case anyway, for which there was a different fee structure,” said the silk. "We cannot recover the criminal costs.“

He added that though his hourly rate was $1,000, he always tried “to agree a fixed fee, as this is fairer to the client”.

Ms Harper, daughter of former Cabinet minister Zane DeSilva, was arrested when six police officers entered her family home early on October 12, 2020 and seized her phone, two laptops and paperwork as part of an investigation into a party she organised during the Covid-19 pandemic.

Her three small children and husband were present in the house at the time.

Ms Harper was taken to Hamilton Police Station and put in a cell, and she and her father were subsequently charged with providing information to a government official that they did not believe to be true in relation to the July 3, 2020 event at Blu.

The pair were cleared of the offences by a Supreme Court jury last October.

A third defendant, Angela Caldwell, from Warwick, was earlier found not guilty of giving false information to a public officer in relation to the party.

Ms Harper sought a judicial review of the decision to arrest her, asking the court to declare her arrest and the search of her home unlawful.

At a hearing in July, Mr Lynch argued that detectives had other options available to them and could have simply asked her to attend a police station to help with their inquiries.

Chief Justice Narinder Hargun agreed, stating in his ruling: “No, or no credible, explanation has been given by the respondent as to why a 6.45am dawn arrest by six police officers at her home address, where her children and husband resided, was necessary or appropriate.”

The judge quashed the decision to summarily arrest Ms Harper and declared her arrest and the search of her home as unlawful, as well as quashing the warrant for the search of her radio station, Vibe 103.

Mr Justice Hargun said the businesswoman was free to apply for a further hearing to determine whether compensation should be paid to her for unlawful arrest, false imprisonment and violation of her privacy and, if so, how much.

Stephen Corbishley was the Commissioner of Police at the time of the arrest and that post is now held by Darrin Simons, who said after the ruling that a review was under way to prevent a repeat occurrence.

The defence for the Commissioner of Police was handled by lawyer Brian Myrie, from the Attorney-General’s Chambers.

The BPS confirmed that a settlement was reached in relation to damages and legal costs, but did not share the amount.

Construction company owner Mr DeSilva, a Progressive Labour Party MP since 2007, was forced to quit the Cabinet along with fellow minister Wayne Caines after attending the Blu party because it breached regulations put in place to prevent the spread of the coronavirus.

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