Security Guard Awarded $3.5 Million: A security guard who sued the Jamaican Government for false imprisonment and malicious prosecution has been awarded $3.5 million in general damages, after the Supreme Court ruled that although police had lawful grounds to arrest him, his prolonged detention before appearing in court was unconstitutional.
Justice Tara Carr ruled earlier this month that Raymond Campbell was wrongfully detained for 15 days without being brought before a court or given an opportunity to apply for bail.
Campbell was arrested on September 1, 2016, and charged with illegal possession of a firearm and ammunition after police conducted an operation at a housing development in Innswood Estate, where he worked as head security guard.
According to Campbell, police arrived asking for a contractor, but tensions escalated after he refused to grant them access without proper authorization. He alleged that officers searched the premises without a warrant before later producing a firearm and charging him along with other security guards.
The case against Campbell was eventually dismissed on May 30, 2017, after the prosecution offered no evidence.
During the civil trial, police maintained they had reasonable suspicion to arrest Campbell, with one officer testifying that he observed a bulge in Campbell’s waistband before allegedly recovering a firearm from a cupboard inside a building.
Justice Carr accepted the officers’ account, finding they had reasonable and probable cause to arrest and detain Campbell and dismissed his claim of malicious prosecution.
However, the judge found that police failed to justify why Campbell remained in custody for 15 days before his first court appearance.
“The length of time that the claimant remained in custody from his arrest until he was brought before the court far exceeds 24 hours,” Justice Carr said, noting that no explanation was provided for the delay.
She ruled that while the arrest itself was lawful, the prolonged detention amounted to false imprisonment because Campbell was denied the opportunity to have a court consider his eligibility for bail.
Justice Carr awarded Campbell $3.5 million in general damages, along with interest at three per cent per annum from February 12, 2019, to June 12, 2026.
Campbell was represented by attorney Catherine J. Minto, while the Attorney General was represented by attorney **Janoi Pinnock>.
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