KINGSTON, Jamaica – The Supreme Court will on Friday, June 17 hand down its much anticipated decision in the case of Roshaine Clarke versus the Attorney General.

Clarke, who sued the Government in January 2019, has contended that his constitutional rights were breached when he was held in detention without charge for seven months under the state of emergency (SOE) that was declared in St James in January 2018.

The Full Court panel comprising Justices Chester Stamp, Anne-Marie Nembhard and Tara Carr will hand down their decision which will be live streamed (audio only) at 11:00 am on the Judiciary’s YouTube channel.

Clarke is seeking a declaration from the Court that the Emergency Powers Regulations 2018 governing the SOE in St James breached his rights guaranteed under the Constitution.

The taxi operator, who suffered from haemorrhoids, missed two surgery appointments while he was locked up. He has asked the court for relief for damages to include aggravated damages, exemplary damages, and constitutional/vindicatory damages.

In a ruling in a similar case in September 2019, Supreme Court judge, Justice Bertram Morrison, dealt a major blow to the government’s use of SOEs when he ruled that the extended detention of five men under the SOE breached their constitutional rights.

Justice Morrison also said that the Emergency Powers Regulations related to the detention orders and appearance before a tribunal, gave unfettered discretion to the police and national security minister, in relation to the committal of persons to penal institutions or jail for criminal offences.

None of the five men – Gavin Noble, Nicholas Heath, Courtney Thompson, Everton Douglas and Courtney Hall – was charged for any crime but, in the case of Noble, was held for 461 days.

Thompson was held for 365 days, Heath was locked up for 361 days, Douglas 177 days and Hall, 395 days.