Man gets $14m award against Gov’t after false arrest

A man who was falsely arrested and charged in January 2011 for obtaining goods by false pretences and conspiracy to defraud, arising from the purchase of an AC Delco battery, has been successful in obtaining a Supreme Court award of $14 million with interest against the Government.

Carlton Graham, a former fleet supervisor at Jamaica Biscuit Company Limited (JAMBISCO), said in the suit brought against the attorney general that after he was arrested, he was suspended without pay from his job and subsequently fired when the trial started. He spoke of his failed attempts to get jobs after he was fired.

He said he went to Stewart Industrial Limited on January 6, 2011, to purchase the battery. He said he was presented with a cash receipt, which was duly stamped as “paid” and signed by the cashier. The receipt was also checked and stamped by the security guard.

Graham was arrested on January 14, 2011, detained for eight hours in custody before he was granted bail. He made several appearances in the Kingston and St Andrew Parish Court before he was acquitted at the end of his trial on February 28, 2014. He said before he was arrested, he made efforts to produce the receipt for the battery to the police, but the police ignored his request to be given the chance to produce it and instead charged him.

Following his acquittal, the claimant, who was then 53 years old, filed a suit in 2016 in the Supreme Court seeking damages against the attorney general.

Probable cause

The defendant contended that the policeman had an honest belief that the claimant fraudulently represented to Stewart Industrial Ltd that he was purchasing the battery for JAMBISCO based on information received and investigations conducted. It was contended that the claimant’s arrest and charge were justifiable as there was reasonable and probable cause to do so and it was not actuated by malice.

Attorney-at-law Catherine Minto, instructed by Nunes Scholefield DeLeon & Co, argued that Graham suffered humiliation and indignity to his reputation in making 34 appearances in court to answer to fraud charges in relation to a battery he had paid for. Minto pointed out that Graham rose to the rank of corporal in the Jamaica Defence Force and received a medal of honour for his service in the Grenadian Revolution. She also argued that Graham’s reputation, no doubt, would have been tarnished in the mind of any right-thinking member of society.

Damage to reputation

Justice Lisa Palmer Hamilton, in handing down the award in September, said she considered the seriousness of the offence, the protracted prosecution, and the damage to the reputation of the claimant given the nature of his occupation and his qualifications.

“I have also considered the fact that the claimant in the case at bar had a receipt for the purchase of the item, which was available to be shown to the arresting officers and to the court, and which for whatever reason, whether it was an oversight or not, was not done and resulted in the matter proceeding to trial,” the judge said. She found also that the manner and the circumstances of the prosecution of the claimant were such as to lead to an aggravation of damages.

“It is, therefore, my judgment that the sum of $8 million is reasonable in the circumstances for malicious prosecution, including aggravated damages,” the judge ruled.

The judge, in ruling in favour of Graham, made the following award:

Damages for false imprisonment for $406,211 with interest at three per cent per annum from January 12, 2017, to September 18, 2023. Damages for malicious prosecution and aggravated damages of $8 million with interest at three per cent per annum from January 12, 2017, to September 18, 2023.

Special damages, which include loss of earnings in the sum of $5, 707,068 with interest at the rate of three per cent from January 14, 2011, to September 18,2023.

Attorney-at-law Nicola Richards, instructed by the director of state proceedings, represented for the attorney general.

editorial@gleanerjm.com