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published: Thursday | May 10, 2007
The Supreme Court has given the green light for the Government to be made liable to pay compensation to persons detained by the police who are not "promptly" taken before a judicial officer or Justice of the Peace for the question of bail to be considered.
Keith Nelson, architectural draftsman and structural engineering technician, who was detained for two days after he was charged with common assault before being taken before the court, has been awarded $200,000 with interest for false imprisonment and $400,000 with interest for malicious prosecution.
Ample authority
Justice Patrick Brooks, in handing down judgement, said "There is ample authority for the principle that the person detained by the police should be taken promptly before a judicial officer or a Justice of the Peace for the question of bail to be considered."
The judge said no explanation had been given for the two-day delay in granting bail to Mr. Nelson.
"Such a delay would render unlawful even an initially lawful detention," the judge held.
Nelson, who was represented by attorney-at-law Carlton Williams, had sued the Attorney-General and Sgt. Wilford Gayle (now a superintendent). Nelson was shot in the left leg on the night of July 16, 1997, while he was sleeping in an old motor car at the back of his workplace on Three Views Avenue, St. Andrew.
The Supreme Court has given the green light for the Government to be made liable to pay compensation to persons detained by the police who are not "promptly" taken before a judicial officer or Justice of the Peace for the question of bail to be considered.
Keith Nelson, architectural draftsman and structural engineering technician, who was detained for two days after he was charged with common assault before being taken before the court, has been awarded $200,000 with interest for false imprisonment and $400,000 with interest for malicious prosecution.
Ample authority
Justice Patrick Brooks, in handing down judgement, said "There is ample authority for the principle that the person detained by the police should be taken promptly before a judicial officer or a Justice of the Peace for the question of bail to be considered."
The judge said no explanation had been given for the two-day delay in granting bail to Mr. Nelson.
"Such a delay would render unlawful even an initially lawful detention," the judge held.
Nelson, who was represented by attorney-at-law Carlton Williams, had sued the Attorney-General and Sgt. Wilford Gayle (now a superintendent). Nelson was shot in the left leg on the night of July 16, 1997, while he was sleeping in an old motor car at the back of his workplace on Three Views Avenue, St. Andrew.
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