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Hyatt, Headley V Dave, Robb and The Attorney General Of Jamaica
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. C.L. 2002/H - 096
BETWEEN HEADLEY HYAlT CLAIMANT
AND DAVE ROB6 FIRST DEFENDANT
AND THE AlTORNEY
GENERAL OF JAMAICA SECOND DEFENDANT
Lord Anthony Gifford QC instructed by Gifford, Thompson & Bright for the claimant C:
Miss Kathryn Denbow instructed by the Director of State Proceedings for the first
and second defendant
May 31,2004 and June 16,2004
SYKES J (Ag)
MALICIOUS PROSECUTION
The law and issues in this case are not in dispute. It is a case that depends
upon the credibility of the witnesses. There was only one witness for each party:
Mr. Headley Hyatt, the claimant and Constable Dave Robb, the first defendant.
There can be no dispute that the claimant has established that the criminal law
was set in motion against him and that the prosecution was determined in his
favour. He has failed to establish (i) malice and (ii) that the prosecution was
without reasonable and probable cause. I accept the version given by the police
officer. I will now briefly set out the evidence and indicate my reasons for
accepting the police officer's testimony.