Hyatt, Headley V Dave, Robb and The Attorney General Of Jamaica

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. 2002/H - 096

BETWEEN HEADLEY HYAlT CLAIMANT

AND DAVE ROB6 FIRST DEFENDANT

AND THE AlTORNEY

GENERAL OF JAMAICA SECOND DEFENDANT

Lord Anthony Gifford QC instructed by Gifford, Thompson & Bright for the claimant C:

Miss Kathryn Denbow instructed by the Director of State Proceedings for the first

and second defendant

May 31,2004 and June 16,2004

SYKES J (Ag)

MALICIOUS PROSECUTION

The law and issues in this case are not in dispute. It is a case that depends

upon the credibility of the witnesses. There was only one witness for each party:

Mr. Headley Hyatt, the claimant and Constable Dave Robb, the first defendant.

There can be no dispute that the claimant has established that the criminal law

was set in motion against him and that the prosecution was determined in his

favour. He has failed to establish (i) malice and (ii) that the prosecution was

without reasonable and probable cause. I accept the version given by the police

officer. I will now briefly set out the evidence and indicate my reasons for

accepting the police officer's testimony.