Baugh, Arthur v Courts (Jamaica) Ltd, Attorney General

IN THE SUPREME COURT OF JUDICATLIRE OF JAMAICA

CLAIM NO. CL. B. 099 OF 1997

BETWEEN ARTHUR BAUGH CLAIMANT

AND COURTS (JAMAICA) LIMITED FIRST DEFENDANT

AND AlTORNEY GENERAL

OF JAMAICA SECOND DEFENDANT

Miss Judith Clarke instructed by Judith M. Clarke & Company for claimant

Miss Sherry Ann McGregor and Miss Ayana Thomas instructed by Nunes Scholfield

Deleon and Company for the fir,st defendant C) Miss Nicola Brown instructed by the Director of State Proceedings for the second

defendant

June 13, July 14 and October 6,2006

FALSE IMPRISONMENT, SECTIONS 15 (3) AND 26 (8) OF THE CONSTITUTION OF

JAMAICA, MALICIOUS PROSECUTION, DEFAMATION, UNFAIR DISMISSAL

SYKES J

1. Mr. Arthur Baugh's employment with Courts (Jamaica) Lirrlited ("Courts") that began so

pron-~isingly on May 25, 1995, came to an abrupt and ignominious end on November 19,

C'l 1996, when he was taken into custody by Detective Sergeant Derrick Knight (now Deputy

Superintendent) because he was suspected of committing two serious offences: larceny and

conspiracy to steal. Later that day Mr. Baugh was charged with larceny of a Sony and an

Akita component sets and conspiracy to defraud. Having been charged with the felony and

misdemeanour he was first taken to court at the Resident Magistrate's Court for the

Corporate Area on November 21, 1996, having sojourned in the cells of the Hunt's Bay

Police Station from the evening of Wednesday, November 19, 1996, to the morning of

Thursday, November 21, 1996. An examination of the police statements collected in the

matter as well as Mr. Knight's statement shows that all investigations and laying of charges

were completed on November 19, the same day he was taken into custody. No evidence

has been forthcoming from the Attorney General explaining this delay in putting Mr. Baugh