Lattibeaudiere, Warrick v Jamaica National Building Society, Catherine Brown & Joycelyn Campbell

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIL DIVISION

CLAIM NO. 2005 HCV 0 1066

BETWEEN WARRICK LATTIBEAUDIERE CLAIMANT

AND JAMAICA NATIONAL

BUILDING SOCIETY 1 ST DEFENDANT

AND CATHERINE BROWN 2ND DEFENDANT

AND JOSCELYN CAMPBELL 3RD DEFENDANT

Mr. Rudolph Francis for the Claimant

Mr. Garth McBean for the Defendants

Malicious Prosecution - Charge laid by police officer - Whether complainant was

the prosecutor

November 27,28 and December 4,2008

BROOKS, J.

Mr. Warrick Lattibeaudiere was employed to the May Pen branch of

Jamaica National Building Society. In July 1998 he was charged for

conspiracy to defraud the Society. The police laid the charge in the Resident

Magistrate's Court for the parish of Clarendon and Mr. Lattibeaudiere was

summoned to attend court to answer to the charge. After several months of

trial Mr. Lattibeaudiere was acquitted of the charge.

He now accuses two officers of the Society, Mr. Joscelyn Campbell

and Miss Catherine Brown of having maliciously instituted the criminal

charge against him. The officers deny instituting the prosecution, or indeed,