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A world-class judiciary utilizing innovation and technology for efficient service delivery.

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Guyah, Omar and Cordelia Brown v Rowe, Devon, Financial Secretary and the Attorney General et al consolidated with Guyah, Omar et l v Drummond, Jack and Winston Lawrence et al

Case Number: 
2015 HCV 04694
Neutral Citation: 
[2022] JMFC Full 04
Date of Delivery: 
26.07.2022

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 and 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 – Declarations 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 6, 8 1 13 – Customs Act – sections 2, 3, 91, 203, 210, 219, Constabulary Force Act – section 13, 33

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