Nelson, Keith v Sergeant Gayle & Attorney General

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIL DIVISION

CLAIM NO. C.L. 19981 N - 120

BETWEEN KEITH NELSON CLAIMANT

 AN D SERGEANT (GAYLE 1 ST DEFENDANT

AN D THE ATTORNEY GENERAL

OF JAMAICA 2ND DEFENDANT

Mr. Carlton Williams instructed by Williams McKoy and Palmer for the

C: Claimant

Mr. Brian Moodie instructed by the Director of State Proceedings for the

Defendants

False Imprisonment - Malicious Prosecution - Complaint made to

police officer - Whether officer akting reasonably in the circumstances -

CPI may be used to update damages awards for these torts

April 16, l7;and 20,2007 I

BROOKS, J. I

On July 16, 1997, Mr. Keith Nelson was shot and injured by a 1

C1 licensed firearm holder. In addition to his woe, Mr. Nelson was also 1

detained by the police and eventually arrested and charged with assaulting

the firearm holder. He was acquitted of the charge, without the case being

tried due to .the failure of the fireann holder to attend the trial. 1

He has now sued the arresting officer, Sergeant (now Superintendent)

Wilford Gayle, for compensation for what he says was a wrongful

imprisonment and prosecution. In light of the change in rank, and to avoid