THE 50-YEAR-OLD man, who was freed on Wednesday of carnal abuse and the murder of seven-month-old Melissa Hamilton, has filed a suit in the Supreme Court seeking damages for false imprisonment and malicious prosecution.
Delroy Cummings, a farmer of Mason River, Clarendon is contending that he was falsely imprisoned on July 6 by policemen from the Crofts Hill Police Station until July 12, when he was brought before the Resident Magistrate's Court in Chapelton, Clarendon.
He is contending in the suit filed against the Attorney-General that he was maliciously prosecuted on July 7 when the police preferred the charges against him.
Cummings was freed on Wednesday when the Crown made a no order for the holding of a preliminary inquiry into the charges, thereby terminating the proceedings.
He is contending that the police acted either maliciously or without reasonable or probable cause in the performance or purported performance of their duties as servants or agents of the Crown.
Cummings is contending in the suit, which was filed yesterday in the Supreme Court by attorney-at-law Ravil Golding, of Lyn-Cook Golding and Company, that he should be awarded exemplary damages. He is contending that he suffered loss of his liberty, damage to his reputation and character, pain and mental anguish, public vilification and has incurred loss and expenses. He is also claiming special damages for seven days loss of earnings as a farmer at $2,500 daily. The claim is also for $250,000 which is the estimated loss of one acre of matured lettuce which rotted in the field while he was in custody.
A 13-year-old boy and Reenie Hamilton have since been arrested and charged in connection with the death of the baby girl.
