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Guyah, Omar and Cordelia Brown v Devon Rowe Financial Secretary, the Attorney General of Jamaica and Major (Ret'd) Richard Reece Chief Executive Officer Customs and Omar Guyah and Cordelia Brown v Jack Drummond, Winston Lawrence, Gregory Farquharson, Major (Ret'd) Johanna Lewin, the Attorney General of Jamaica, Commissioner of Customs and Lt. Col. Sean Prendergast

Court: 
Supreme Court
Catchwords: 

Interdiction-Whether there should be a hearing before a public officer is interdicted-Whether there should be a hearing before salary is withheld upon interdiction-Whether salary constitutes property.

Tort-Malicious prosecution-Whether the customs officers acted with malice in prosecuting the claimants-Whether the customs officers acted with reasonable and probable cause in prosecuting the claimants.

False imprisonment-Whether the claimants were falsely imprisoned-Whether the initial arrest of the 1st claimant was lawful-Whether the detention of the 1st claimant was unduly long and unexplained-Whether the customs officers acted with reasonable probable cause in detaining the claimant-Whether the customs officers acted with malice.

Misfeasance in public office-Criminal charges against the claimants dismissed for want of prosecution in the court below-Whether the plea of autrefois acquit applies.

Administrative law-Administrative orders-Declaration sought.

Constitutional law-Constitutional relief-Right to a fair trial within a reasonable time-Right to liberty-Right to property.

Whether dismissal of criminal charge is an acquittal within the meaning of Public Service Regulations.

Constitution of Jamaica-Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011-sections 14, 15, 16(2)-The Jamaica (Constitution) Order in Council, 1962-sections 32, 125, 127-Public Service Regulations-28, 32, 34, 43, 47, Revenue Administration Act-sections 2, 3, 91, 203, 210, 219, Constabulary Force Act-sections 13, 33

Document Type:

Year: 
2022
Suit/Claim number: 
2015 HCV 04694
Neutral Citation: 
[2022] JMFC Full 04