
Supreme Court Awards Raymond Campbell $3.5 Million Over Prolonged Police Detention
Raymond Campbell, a security guard who brought a civil suit against the Government last June over false imprisonment and malicious prosecution, has been awarded $3.5 million in general damages with interest for unlawful detention. The Supreme Court handed down the judgment earlier this month after Justice Tara Carr concluded that, although officers had reasonable and probable cause to arrest and hold him, the extended period he spent behind bars before his first court appearance — for which no reason was offered — could not be justified.
In court papers, Campbell maintained that police arrested him without lawful grounds on September 1, 2016, for offences linked to illegal possession of a firearm and ammunition. The Attorney General of Jamaica, acting for the officers, rejected that position.
In a witness statement filed in June 2025, Campbell said he was working as head guard for a security company and had been posted to a new housing development at Innswood Estate in St Catherine. He told the court that officers arrived at the gate that day looking for a contractor. Campbell said he pointed them toward another entrance, but when one officer turned hostile he stepped away to telephone the project manager.
Under cross-examination, he acknowledged that he had barred the officers from entering the site, though he said that came only after they grew loud and disrespectful. Campbell said the police later entered through a different gate, searched roughly seven to eight people in the yard — himself included — and then went into a building on the property.
He said the officers carried out a search inside the building without producing a warrant, then emerged with a firearm and took him and other guards to Spanish Town Police Station, where he was charged with illegal possession of a firearm and illegal possession of ammunition. Campbell remained in lock-up for two weeks and was not offered bail until September 16, 2016. The criminal matter ended on May 30, 2017, when the prosecution offered no evidence on the charges.
While detained, Campbell said he paid legal costs and could not earn a living.
Justice Carr heard the case on April 27 and June 12 this year. She recorded that no one disputed that possession of an illegal firearm and ammunition are indictable offences under the Firearms Act, and that officers therefore did not need a warrant to arrest Campbell once they believed such an offence had been committed.
Campbell accepted that he once held a firearm licence and had received firearms training. He insisted he had no gun that day and denied police claims that a weapon was on his person when they arrived, or that he walked off, removed a firearm from himself, and hid it inside a building.
A police witness testified that he noticed “a bulge” at Campbell’s waistband and alerted a colleague. He said the bulge was no longer visible after Campbell came back from a building on the site. The officer said he shared his suspicion with Campbell and asked him to return to the building with him. Campbell, he said, resisted and refused to go anywhere with him. The officer then released him and searched a cupboard in the room, where he found the firearm.
Justice Carr said: “I find and accept that [cop] had reasonable and probable cause to arrest the claimant on suspicion of the offences of illegal possession of firearm and ammunition. There is no denial that a firearm was found and no denial that the claimant was present at the premises on the day in question.”
She held that neither officer had acted “maliciously” and that the evidence supported reasonable and probable cause to arrest and detain Campbell. On that basis, his malicious prosecution claim failed.
The judge found greater force in Campbell’s argument that he was kept in custody well beyond the 24-hour period the law allows without bail. Justice Carr said: “The claimant was taken into custody on September 1, 2016. There is no explanation that has been provided as to the reason he was not charged until September 5, 2016. Further, there is no evidence that prior to his court date of September 16, 2016, that he had been given an opportunity to be heard on the issue of bail.”
She continued: “The length of time that the claimant remained in custody from his arrest until he was brought before the court far exceeds 24 hours. There being no explanation provided by the defendant as to the circumstances surrounding the delay in having the claimant brought before the court, there is no evidence that can be examined to lead me to make a finding that it was reasonable. I therefore find that the defendant is liable for the tort of false imprisonment for the protracted delay in bringing the claimant before the court and therefore entitled to damages.”
Campbell was awarded $3.5 million in general damages, with interest at three per cent per annum from February 12, 2019, to June 12, 2026, “for the tort of false imprisonment.” Justice Carr said “the actions of the police officers on September 1, 2016, were lawful; however, the detention of the claimant for a period of 15 days deprived him of an opportunity to have a court enquire into his suitability for bail.” She added: “That lengthy period of detention in the absence of an explanation was unreasonable in the circumstances.”
Campbell was represented by attorney Catherine J Minto. Attorney Janoi Pinnock, instructed by the director of state proceedings, appeared for the Attorney General.
Syndicated from Jamaica Observer · originally published .
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