Basseterre, St. Kitts, December 10, 2017 – The Japanese Caribbean Court docket of Enchantment has confirmed the choice of the Excessive Court docket in awarding a Nevisian couple a complete of EC$500,000 for breach of their constitutional rights to privateness, property and freedom from illegal search. The three attraction court docket judges in its ruling referred to a Dominica case during which pictures of a contestant in a Carnival Queen Pageant was posted on the web in 2000. The girl was awarded EC$525,000.
“We consider that this (Nevis) case is worst provided that it included law enforcement officials. We expect it was an egregious case,” mentioned attraction court docket justices Louise Blenman, Gerard Farara QC and Paul Webster of their December 4th 2017 ruling handed down on the finish of the listening to on the Lee Llewellyn Moore Judicial and Authorized Providers Complicated.
In March 2016, Nevis’ Excessive Court docket choose, Justice Lorraine Williams discovered that the law enforcement officials who leaked a intercourse video of the 2 had breached their constitutional rights. Within the video, which was posted on social media by the law enforcement officials, the feminine’s face was uncovered whereas solely the decrease physique of the male was seen. The girl whose title is not going to be disclosed was awarded EC$350,000 whereas the person, who title is being withheld was awarded EC$150,000.
The Legal professional Common and Commissioner of Police appealed Justice Williams’ ruling and the attraction matter was heard at a sitting of the Japanese Caribbean Court docket of Enchantment in Basseterre on December 4th. In a unanimous determination, the Enchantment court docket famous that the trial choose awarded a complete of $350,000.00 in damages to the lady and $150, 000.00 in damages to the person for a complete of roughly $500,000.00. The Appellants had appealed all the judgment however on the listening to the problems have been narrowed to quantum solely.
“We method the overview of an award of damages as as to whether or not the award granted was wholly unreasonable or plainly flawed. We don’t suppose the choose ought to have break up the award. It ought to be international compensation to incorporate all of the elements making an allowance for the entire circumstances. Had she performed that the First Claimant would have been awarded compensation of $350,000.00, and the Second Claimant, compensation of $150,000.00. The case which is closest to this case is the Marina Marshall case which gave a complete award of $525,000.00. We consider that this case is worst provided that it included law enforcement officials. We expect it was an egregious case. We take a look at the final damages, then issue into that the aggravated circumstances. We don’t agree that the choose may award exemplary damages however gave one award which included the annoying elements. It perhaps if we have been doing it afresh we’d have given a better award,” mentioned the three choose panel. Within the circumstances, nonetheless, they confirmed the sum of EC$350,094.00 as compensatory damages for the First Claimant, and $150,000.00 as compensatory damages to the Second Claimant for breach of his constitutional rights.
The claimants have been represented at each trials by Angelina Gracy Sookoo of the Legislation Workplaces of Sylvester Anthony. The male was arrested in 2013 on suspicion of theft. However, whereas he was in custody the officers took the reminiscence chip out of his cellphone, considered its content material on an workplace laptop after they got here throughout the video of the suspect and his girlfriend participating in sexual acts. They’re reported to have downloaded the fabric to their telephones and disseminated it to the general public. The video was additionally posted on social web sites and the couple filed a constitutional movement towards the state. In the course of the excessive court docket trial Justice Williams condemned the actions of the police, mentioning that they’re servants of the state charged with defending the rights of people.
—–reprinted from Basseterre, St. Kitts, December 10, 2017, Japanese Caribbean Supreme Court docket
