Kevin Stuart (Appellant) v Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2017/0067

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Kevin Stuart (also known as Kevin Stewart)

Respondent(s)

Attorney General of Trinidad and Tobago

Issue

Did the Court of Appeal of Trinidad and Tobago err in overturning the trial Judge’s factual findings that there was a lack of honest belief and malice in the arrest and charge of the appellant?

Facts

The appellant was arrested at his home on 27 August 2011, taken to a police station and detained without charge until 29 August 2011. He was then charged with being a member of a gang. The Magistrates’ Court denied him bail and he was transferred first to a maximum-security prison, then to the Remand Yard Prison in Arouca. On 28 September 2011 the Director of Public Prosecutions discontinued proceedings against the appellant, and he was discharged the following day. The appellant issued proceedings in the High Court, claiming that he was arrested without reasonable or probable cause and that his prosecution was malicious. The High Court found in his favour and awarded him damages totalling $351,800 plus interest. The Court of Appeal then overturned the finding of malicious prosecution and reduced the damages to $50,000 plus interest. The appellant now appeals to the Judicial Committee of the Privy Council on the ground that the Court of Appeal were wrong to find that the arrest and prosecution were not malicious.

Date of issue

18 September 2017

Judgment details

Judgment date

15 December 2022

Neutral citation

[2022] UKPC 53

Judgment links

Appeal

Justices

Lord Sales

Lord Hamblen

Lord Leggatt

Lord Burrows

Lord Stephens

Hearing dates

Start date

15 November 2022

End date

15 November 2022

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