Barbara Gayle, Staff Reporter

"If people are going to be kept in custody, there must be sound legal basis for it" - Sykes.

Supreme Court Judge Bryan Sykes has warned that, if persons were kept in custody without sound legal basis, the courts would be flooded with suits for false imprisonment.

He issued the warning Thursday in response to Government's proposed new anti-crime measures, which include the extension of the detention period for persons suspected of committing serious crimes.

The judge issued the warning while closing the Easter session of the Home Circuit Court which began on March 26 and ended yesterday.

Sykes said that, when cases come before the courts, they should be ready for trial shortly after they are brought.

There was the potential now for false imprisonment and malicious prosecution suits, the judge said. He insisted that, if persons were detained over a certain period, on release they could bring civil suits against the Government.

Damages

He said if the court found that the detention was unlawful, then damages were going to be awarded against the State.

"If people are going to be kept in custody, there must be sound legal basis for it," he said.

The judge said further that, if people were going to be detained for an extended period and no charges were brought against them, then the suits filed for false imprisonment and malicious prosecution would end up costing the country.

He also emphasised that it was going to cost more to feed, transport and provide security for detainees.

The judge called for senior police officers to attend court to observe the process. He said the acquittal rate in the Gun Court was very high in cases where the police were the complainants.

According to Sykes, the acquittals stemmed from the conflicting statements and evidence given by police witnesses.

barbara.gayle@gleanerjm.com