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Case details

Kevin Stuart (Appellant) v Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago)

Case ID: JCPC 2017/0067

Jurisdiction: Court of Appeal of the Republic of Trinidad and Tobago

Case summary

Issue

Whether the Court of Appeal erred in overturning the trial Judge’s finding that there was malice in the arrest and charge of the appellant.

Facts

The appellant was arrested at his home on 27 August 2011 and was detained without charge until 29 August 2011. He was then charged with being a member of a gang. The Magistrates’ Court denied him bail and he was transferred first to a maximum–security prison, then to the Remand Yard Prison in Arouca. On 28 September 2011 the Director of Public Prosecutions discontinued proceedings against the appellant, and he was discharged the following day. The appellant issued proceedings in the High Court, claiming that he was arrested without reasonable or probable cause and that his prosecution was malicious. The High Court found in his favour and awarded him damages totalling $351,800 plus interest. The Court of Appeal then overturned the finding of malicious prosecution and reduced the damages to $50,000 plus interest.

Parties

Appellant(s)

Kevin Stuart (also known as Kevin Stewart)

Respondent(s)

Attorney General of Trinidad and Tobago

Appeal

Justices

Lord Sales, Lord Hamblen, Lord Leggatt, Lord Burrows, Lord Stephens

Hearing start date

15 November 2022

Hearing finish date

15 November 2022