Appeal court upholds false imprisonment award against State
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Wednesday, July 23, 2008
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THE Court of Appeal has upheld a Supreme Court decision to award a former furniture store employee $550,000 for being falsely imprisoned and maliciously prosecuted.
Arthur Baugh was arrested on November 19, 2006, on allegations that he had conspired with other workers to steal two stereo systems from the company.
He was offered bail on November 21 2006, and appeared in court in 2007 where the charges were dropped.
He shortly after filed suit against the State seeking to recover damages for false imprisonment and malicious prosecution for which he was awarded $200,000 and $350,000 respectively.
Supreme Court judge Justice Bryan Sykes said in his ruling that there was no lawful basis for the continued detention of Baugh at the Hunts Bay Police Station after 6:00 pm on November 19, when he was first arrested.
Sykes said Baugh's constitutional rights were further breached when the police failed to offer him to bail and take him to court in a timely manner.
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