Legal arguments began in the Supreme Court this week in the suit which Superintendent of Police Owen Ellington has brought against the Government to recover damages arising from charges which were brought against him in December 1996.

He was charged with conspiracy to defraud Jamaica General Insurance Company Ltd. of money through false representation that a Toyota Corolla motor car had been stolen. Supt. Ellington was freed on September 10, 1998 of the charge.

No reasonable cause

Supt. Ellington is contending that there was no reasonable cause for the charge to have been preferred against him.

In 2000, Supt. Ellington, who is being represented by attorney-at-law Richard Small, filed a suit against the Attorney-General and Assistant Commissioner of Police Osbourne Dyer (now retired), contending that the defendants acted maliciously in prosecuting him.

Career ruined

Supt. Ellington, who has 26 years service in the police force, said the charge has retarded his scope for promotion. He was suspended from active duty after he was charged. He said he and his family suffered financially and the criminal proceedings also damaged his reputation.

Government lawyer Simone Mayhew submitted yesterday that retired ACP Dyer did not act with malice during the course of the investigation. She said that the file was submitted to the Director of Public Prosecutions who ruled that Ellington should be charged.

Mrs. Justice Marva McDonald-Bishop is presiding at the hearing.