Terrelonge CABLE AND Wireless Jamaica, Ltd., the telecommunications giant, has been ordered by an arbitrator to pay aggravated damages of $2.5 million to Patrick Terrelonge, executive chairman of InfoChannel Ltd., the local internet provider, for false imprisonment.
The parties decided to go to arbitration after Terrelonge was freed in the Corporate Area Resident Magistrate's Court of charges of trespassing on the works of Cable and Wireless. He had been arrested in July 1998, after workers employed by Cable and Wireless, and policemen, raided InfoChannel's offices and removed several pieces of equipment.
Terrelonge filed a claim against Cable and Wireless seeking damages from his arrest and seizure of the equipment. The parties subsequently agreed for the matter to be referred to arbitration. The arbitrator was asked to decide whether Cable and Wireless was liable to Terrelonge for damages for false imprisonment and malicious prosecution.
Mr. Justice Ira Rowe, retired President of the Court of Appeal, was appointed arbitrator and began hearing the matter in November last year. He ruled on Tuesday that Cable and Wireless had not been actuated by malice when it initiated Terrelonge's prosecution, therefore, Terrelonge could not be compensated for malicious prosecution.
In respect of the claim for false imprisonment, the arbitrator ruled that although Cable and Wireless had an honest belief that Terrelonge was trespassing on its works, the search warrant obtained by Special Constable Dalton Hewitt was invalid. The arbitrator said the search warrant was invalid as it had been obtained pursuant to the Unlawful Possession of Property Act and not the Public Utilities Protection Act, under which Terrelonge was eventually charged.
He said further that since the special constable had been assigned to Cable and Wireless and was acting as its servant or agent, although not being paid by Cable and Wireless, the company was liable for the special constable's wrongful act of arresting Terrelonge instead of summoning him to court. The arbitrator ruled that Terrelonge should have been summoned to court because the arrest was on information gleaned pursuant to the exercise of the warrant.
Prior to Terrelonge's arrest, InfoChannel was granted a VSAT licence by the government in early 1998, enabling it to provide international communication to the Internet independently of Cable and Wireless.
