Barbara Gayle, Staff Reporter

The Government is to pay $550,000 with interest to a man who was falsely imprisoned and maliciously prosecuted.

Arthur Baugh, a former employee of Courts (Jamaica) Ltd, was arrested and charged on November 19, 1996 following complaints made by representatives of his then employer that two stereos were found in a freezer in the warehouse.

Baugh was taken into custody at the Hunts Bay Police Station and was charged jointly with another man with conspiracy to defraud Courts, and larceny.

He appeared in court on January 6, 1997 and the company withdrew the charges against him.

Sued attorney general

Baugh, who was represented by attorney-at-law Judith Clarke, sued the attorney general to recover damages for false imprisonment and malicious prosecution. He said he was not released from custody until two days after he was arrested and charged.

Justice Bryan Sykes heard the suit in the Supreme Court and ruled that "by at least 6 p.m. on November 19, 1996, the police did not have any lawful basis to continue to hold Mr Baugh in custody, and so the false imprisonment began at that time".

The judge said also that Baugh should have been released, admitted to bail or taken before the court on November 20, 1996.

An award of $200,000 was made for false imprisonment and $350,000 for malicious prosecution.

The attorney general appealed but the Court of Appeal, comprising Justice Seymour Panton, Justice Howard Cooke and Justice Mahadev Dukharan (acting), dismissed the appeal. The court ruled that the awards were not inordinately high.

barbara.gayle@gleanerjm.com