Reynolds v A.G.

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 15 October 1976
• Neutral Citation: KN 1976 HC 4
• Docket Number: No. 15 of 1968
• Date: 15 October 1976

High Court

Glasgow, J.

No. 15 of 1968

Reynolds

and

A.G.

Appearances:

F. E. Kelsick for plaintiff

The Attorney General ( L. Moore) for defendant; with him H. Browne and T. Seaton, crown counsel.

Tort - False imprisonment.

Facts: The plaintiff claimed against the Crown damages for false imprisonment. The plaintiff was arrested under a proclamation issued under section 3(2) of the Emergency Powers Order in Council 1959 by the Governor. The plaintiff was arrested by the police and detained for two months. Judgment for the plaintiff for $5,000.00.

Glasgow, J.

1 The Plaintiff claims against the Crown in right of its Government of the State –

• (a) Damages for assault, battery and false imprisonment;

• (b) Further and/or in the alternative compensation pursuant to the provisions of s. 3(6) of Chapter I Schedule 2 of the Saint Christopher Nevis Anguilla Constitution Order 1967;

• (c) Such further and other relief as may be just and equitable;

• (d) Costs.

2 In his Statement of Claim the Plaintiff alleged that on the 11 ^th June 1967 at Basseterre, St. Christopher, certain police officers of the State of St. Christopher, Nevis and Anguilla, acting as the servants and/or agents of the Crown in right of its Government of the aforementioned State without lawful authority and/or in the pretended exercise of lawful authority, unlawfully and maliciously assaulted and beat the Plain forcibly took him to Her Majesty's Prison at Basseterre where he was in bad faith unlawfully and maliciously and falsely imprisoned until the 10 ^th day of August 1967.

3 The Plaintiff alleged further and in the alternative and by reason of the aforementioned matters that he was unlawfully and maliciously and in bad faith arrested and detained and/or falsely imprisoned as aforesaid by the said servants and/or agents of the Crown in right of its Government of the State of Saint Christopher Nevis Anguilla in contravention of provisions of s. 3 of Chapter 7 Schedule 2 of the Saint Christopher Nevis Anguilla Constitution Order 1967.

4 The Plaintiff also alleged that by reason of the matters hereinbefore mentioned, he was deprived of his liberty, was unable to follow his calling and was put to great inconvenience, discomfort and expense and has suffered severe damage.

5 In the Statement of Defence the Defendant denied all of the al allegations. The Defendant admitted that the Plaintiff was detained at Her Majesty's Prison, Basseterre, St. Kitts during the period stated in the Statement of Claim but said that the detention was lawfully enforced by virtue of Detention Orders made and issued by the proper authority acting in good faith or otherwise in the public interest in the State of Saint Christopher Nevis and Anguilla during a period of public emergency characterised by a Declaration of a State of Emergency proclaimed on the 30 ^th May 1967. The Defendant also contended that the Plaintiff's claim ought to be discharged and made void by virtue of the provisions of the Indemnity Act, 1968, No. 1 of 1968, of the Laws of this State.

6 The facts, as I find them are as follows: On the 30 ^th May 1967 Governor of St. Christopher, Nevis and Anguilla made a proclamation under s. 3(2) of the Leeward Islands (Emergency Powers) Order in Council, 1959 ( S.I. 1959/2206) (hereinafter referred to as the 1959 0rder) and s. 17 of the Constitution, declaring that a State of public emergency exists in the State. The proclamation also purported to bring into effect as at 30 ^th May 1967, the provisions of the 1959 Order and of ss. 14 and 17 of the Constitution.

7 On the 30 ^th May 1967 the Governor made the Emergency Powers Regulations, 1967. The preamble to these Regulations States that they made under s. 3(1) of the 1959 Order and s. 17(1) of Constitution. Regulation 3 of these Regulations, so far as it is relevant, is as follows: –

• “3. Detention of Persons. (1) If the Governor is satisfied that any person has recently been concerned in acts prejudicial to the public safety, or to public order or in the preparation or instigation of such acts or in impeding the maintenance of supplies and services essential to the life of the community and that by reason thereof it is necessary to exercise control over him he may make an order against that person directing that he be detained.

• (2) Any person detained in pursuance of this regulation shall be deemed to be in lawful custody and shall be detained in such place as may be authorised by the Governor…”

8 On the 10 ^th June 1967, the Governor's Deputy, acting under the above mentioned regulation, ordered the detention of the Plaintiff. The relevant order reads as follows: –

“WHEREAS I am satisfied with respect to

JOHN REYNOLDS

that he has recently been concerned in acts prejudicial to the public safety and to public order, and that by reason thereof it is necessary to exercise control over him:

NOW, THEREFORE, in pursuance of the power conferred on me by Regulation 8 of the Emergency Powers Regulations, 1967, and all other powers thereunto enabling me,

I DO HEREBY ORDER AND DIRECT that the said

JOHN REYNOLDS

be detained.

Ordered by me this 10 ^th day of June 1967.

(Sgd.) B.

F. Dias

Governor's

Deputy.”

9 At about 7.50 a.m. on the 11 ^th June, 1967 the Plaintiff was at his home at Bay Road, Irish Town, Basseterre, when Inspector Delsol and other Police Officers came to his home. Inspector Delsol read to the Plaintiff the said order of the 10 ^th June, 1997. The Inspector then arrested the Plaintiff and gave him an original of the said order. The Police Officers took the Plaintiff to Her Majesty's Prison in Basseterre where he was placed outside on the verandah where other detainees were at the time. The Plaintiff was locked up in a room from 8 p.m. on the 11 ^th June to 9 a.m. on the following day. The size of the room was about 20 feet by 16 feet. There were four other men in the room with the Plaintiff. The room had three windows with iron grilles across them. The windows were all of the same size - about 9 feet by 4 feet. There was no arrangement in the room for personal sanitation. The room in which the Plaintiff and the four other men were locked up is normally used as a Chapel.

10 The Plaintiff was detained in Her Majesty's Prison, Basseterre...