PARALEGAL Ruth Kelly-Spencer, who along with her employer attorney Sean Kinghorn and farmer Linton Campbell have been before the court on conspiracy to defraud charges, has sued seven parties, including the police commissioner and the Government, seeking damages for, among other things, breaches of her constitutional rights, false imprisonment, and malicious prosecution.

The claim filed in the Supreme Court in February this year comes after the Crown sometime ago — during the course of the trial which is still in train — abandoned the forgery charges but has continued to build its case on the conspiracy to defraud charges against the three.

Kinghorn, Kelly-Spencer, and Campbell have been before the court since 2012 facing allegations that they conspired to illegally create a will for an elderly returning resident in 2008. The woman, who was residing in St Mary, has since died.

The claim filed by Kelly-Spencer, a copy of which was obtained by the Jamaica Observer, names a grand-niece of the deceased, a minister of religion, a detective assigned to the now defunct Counter Terrorism and Organised Crime Investigation Branch (C-TOC), two police sergeants, the commissioner of police, as well as the attorney general of Jamaica as defendants.

The grand-niece and minister of religion are complainants in the ongoing fraud matter.

Kelly-Spencer said in July 2012 the detective — who is named as the third defendant — “incarcerated” her at C-TOC’s then headquarters in the Corporate Area for 12 hours. She was, on that date, charged with the offences of forgery and conspiracy to defraud before she was bailed.

She is also seeking damages against that detective who was the arresting and investigating officer, the grand-niece and the minister of religion for malicious prosecution “without reasonable and/or probable cause”.

She is further seeking damages for fraud and negligence relating to the police sergeant and handwriting expert whose opinion was adverse to her, and led to the forgery charge against her.

Further particulars of the claim states, “the claimant claims damages against all the defendants for breach of her constitutional rights under the Constitution of Jamaica”, adding “the claimant having been arrested on 25, July 2012 by the third defendant was denied her constitutional rights to a fair hearing and her constitutional rights not to be deprived of her liberty without good and proper cause as the defendants cumulatively weaponised the justice system against the claimant to obtain an unjust result”.

Kelly-Spencer said, as a result of these actions, she has sustained “personal injury and suffered loss and damage” .

The circumstances which led to the three being charged began in January 2008 when the elderly returning resident requested a consultation with Kinghorn who was the attorney assigned to the St Ann’s Bay branch of the law firm on the day in question. Following that consultation, Kelly-Spencer was instructed by Kinghorn to collect legal fees for the preparation of a last will and testament and power of attorney for the elderly woman. That was done and a receipt for $25,000 issued to her. Kelly-Spencer was then instructed by Kinghorn to witness the woman’s signature as she signed the document. Kelly-Spencer and Kinghorn then signed as witnesses.

In July 2012 the detective charged and detained Kelly-Spencer. The legal secretary is maintaining that the charge of forgery was “instigated and propelled” by the grand-niece and the minister of religion who, she alleged, made a report against her to the arresting officer and investigator [the third defendant]. She also states that even after the evidence of the police sergeant and handwriting expert was disqualified, they proceeded to hire the services of an overseas expert as a handwriting expert to appear in the case.

Kelly-Spencer, in seeking constitutional redress for being subjected to inhumane and degrading treatment, says she has experienced continued “humiliation and reputational damage” since her arrest, — which was “public” — and the wide media coverage of the matter, as well as the continued publication of the matter on the Supreme Court’s weekly criminal court list.

The document, in listing the particulars of the injury suffered by Kelly-Spencer, says she has experienced depression, anxiety, post-traumatic stress, inability to function at work, desire to leave the legal profession and is being treated medically. She has, in the meantime, incurred legal and medical expenses of more than $4 million in addition to transportation damages of $250,000.

She is seeking general damages (inclusive of loss of earning capacity, loss of future earnings, future medical expenses, and all other areas of general damages supported by the evidence in the matter) in addition to special damages, aggravated damages and exemplary damages plus interest.

The defendants have a right to serve a defence in the claim, 42 days after being served.

The criminal trial against Kelly-Spencer, in the meantime, continues in relation to the conspiracy charges with the next hearing date set for May this year.

In 2020, the prosecution in the case, which is of some vintage, had discontinued the proceedings by entering a nolle prosequi, after an order by Chief Justice Bryan Sykes for matters which were at that time being heard to end and that no new matters begin, given the COVID-19 pandemic. The matter resumed afresh after the order was lifted.