Man Wins $10K For False Imprisonment, Malicious Prosecution

A man who suffered a “false imprisonment and malicious prosecution” won his appeal case at the Fiji Court of Appeal yesterday.

Rajendra Singh will be paid $10,000 by the Commissioner of Police and the Director of Public Prosecutions (DPP) for damages on both causes of action.

Singh appealed his case after the DPP had terminated the proceeding by entering a nolle prosequi (a formal notice to discontinue or dismiss legal proceedings). He had named the Commissioner of Police, the DPP and the Attorney-General as the three respondents in the case.

The appeal

The case arose in the context of an action for false imprisonment and malicious prosecution where the nolle prosequi was filed.

On a warrant issued by a Magistrates Court, the Commissioner of Police had caused a search of Singh’s house on June 26, 2007, for his alleged involvement in certain criminal activities.

As a result, some items in Singh’s possession had been confiscated.

For some months, Singh had remained uncharged and deprived of the use of the said items.

Subsequently, he was charged with rape under Sections 149 and 150 of the Penal Code Act and on one count under Section 1175 for unnatural offences.

This was after he was arrested on September 20, 2007, following a caution interview and having being in Police custody for some 48 hours.

Eventually, he was produced before the Magistrates Court in Suva on that date and remanded when judicial proceedings started. After several dates in court, a nolle prosequi was entered by the DPP.

They made the orders as follows:

• The appeal is allowed on both causes of action based on false imprisonment and malicious prosecution.
• Consequently, the first (Commissioner of Police) and second (the DPP) respondents are ordered to pay as damages on the cause of action based on false imprisonment the sum of $2500 together with damages in a sum of $5000 on the cause of action based on malicious prosecution, a total of $7500.
• As costs of the action in the High Court and the Fiji Court of Appeal a sum of $2500 was ordered.
• $10,000 was ordered by the court to be paid to the appellant by the Commissioner of Police and the DPP within 28 days of the notice of the judgment.

Edited by Caroline Ratucadra

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