Derek Laurencin (Appellant) v Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago)

Hearing listed

Case summary
Appeal
Change log

Case summary

Case ID

JCPC/2023/0110

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Derek Laurencin

Respondent(s)

The Attorney General of Trinidad and Tobago

Issue

Were the lower courts correct to find that the appellant had failed to prove that a prosecution against him for murder, in which the charges were dismissed, was commenced maliciously?

Facts

The appellant, Mr Laurencin, was with a friend when they heard a gunshot. Shortly after, they witnessed an individual running from the scene and came across an individual lying in the road, who died from his injuries. Mr Laurencin was initially treated as a cooperating witness. A short time later, Mr Laurencin’s friend disclosed to him that he had sent men to rob the deceased, but not to kill him. Mr Laurencin passed this information onto the police. Following a consultation with the Director of Public Prosecutions, the decision was taken by the police to charge four suspects with the murder. This included Mr Laurencin. Ultimately, the charge against Mr Laurencin was dismissed on the basis that there was no case to answer. Mr Laurencin issued a claim for damages for Malicious Prosecution against the respondent, the Attorney General of Trinidad and Tobago (the “AG”). The investigating officer, who had retired by the time of the trial, did not give evidence. The High Court of Trinidad and Tobago found that the police had acted without reasonable and probable cause, but that Mr Laurencin had not shown that there was any malice in the prosecution. Accordingly, the claim was dismissed. Mr Laurencin appealed to the Court of Appeal of Trinidad and Tobago. The decision of the High Court was upheld. Mr Laurencin now appeals to the Judicial Committee of the Privy Council.