B & D Trawling Ltd v CPL. Raymond Lewis, Attorney General of Jamaica

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE CIVIL DIVISION

CLAIM NO. C.L. B 015 OF 2001

BETWEEN B & D TRAWLING LIMITED CLAIMANT

AND CPL. RAYMOND LEWIS FIRST DEFENDANT

AND THE AlTORNEY GENERAL

OF JAMAICA SEC0N.D DEFENDANT

Mrs. Jeneice Nelson-Brown instructed by Chancellor and Company for the claimant

V

Mrs. Nicole Foster-Pusey and Miss Tasha Manley instructed by the Director of State

Proceedings for both defendants

October 12,13,14,28, November 4,18,25, December 2,9,2005 and January 6,

2006

MALICIOUS PROSECUTION AND DETINUE

SYKES J

The issues I

1. Had anyone been at sea on the evening of Saturday, July 15, 2000, in the vicinity of

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L Bonner Reef, Pedro Banks, he would have seen Lieutenant Steve Batchelor of the I

Jamaican Coast Guard and his boarding party, boarding two vessels, the Caribbean I

Queen (CQ) and the Geronimo. The observer would have also seen the Lieutenant's

interaction with the captain and crew of both vessels. I f he were close enough to hear , ,/ I

the conversations, the observer would have heard that the captain of the CQ was Mr.

Leonardo Chavalier and Mr. IVelson Cooper, the captain of the Geronimo. I f the observer I

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remained for sometime after the vessels were boarded, he would have seen I

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approximately 20,0001bs of conch on board the Geronimo but none on board the CQ.

Later, he would see the Lieutenant examinirrg the licences of both vessels and realize

that the Geronimo had an expired fishing licence whereas the CQ had a valid one. One 1

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