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
Did the Court of Appeal of Trinidad and Tobago err in overturning the trial Judge’s factual findings that there was a lack of honest belief and malice in the arrest and charge of the appellant?
Facts
The appellant was arrested at his home on 27 August 2011, taken to a police station and 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. The appellant now appeals to the Judicial Committee of the Privy Council on the ground that the Court of Appeal were wrong to find that the arrest and prosecution were not malicious.
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
| Watch hearing | ||
|---|---|---|
| 15 Nov 2022 | Morning session | Afternoon session |
Judgment details
Judgment date
15 December 2022
Neutral citation
[2022] UKPC 53
Please note the text of this judgment was updated on 20 January 2023 to correct a minor error in Paragraph 23, Line 3. The judgment previously read 'for the following five reasons,' but has been updated to read 'for the following reasons' as there are six reasons rather than five.