Ricky Ramnarine v Commissioner of Police

• Jurisdiction: Bermuda
• Judgment Date: 28 March 2008
• Date: 28 March 2008
• Docket Number: Civil Jurisdiction 2007 No. 331
• Court: Supreme Court (Bermuda)

In The Supreme Court of Bermuda

Bell, J

Civil Jurisdiction 2007 No. 331

BETWEEN:

Ricky Ramnarine

Plaintiff

and

Commissioner of Police

Defendant

Mr M Pettingill for the Plaintiff

Mr H Shepheard for the Defendant

The following cases were referred to in the judgment:

Electra Private Equity Partners v KPMG Peat Marwick [1999] EWCA Civ 1247

Simmons v Commissioner of PoliceBDLR [2008] Bda LR 10

Criminal Code s. 461

Application for strike out arising from arrest for sexual assault — Continued detention although complaint had been withdrawn — Vicarious liability

RULING of Bell, J

Introduction

1. This ruling arises from an application made on behalf of the defendant (‘the Commissioner’) that the statement of claim be struck out and service of the writ be set aside or alternatively that the action be dismissed and judgment entered for the Commissioner under Order 18 rule 19 of the Rules of the Supreme Court 1985. The grounds of the application are that

• i. it (presumably a reference to the statement of claim) discloses no or no reasonable cause of action against the Commissioner, who is not vicariously liable for the conduct of the constables comprising the Bermuda Police Service, each constable being the holder of an independent office; or

• ii. it is scandalous, frivolous or vexatious in that, pursuant to section 461 of the Criminal Code 1907 it was open to the Commissioner to keep the plaintiff (‘the Plaintiff’) in custody for up to twenty-four hours without preferring any charge against him; or

• iii. it is otherwise an abuse of the process of the Court

Background

2. These proceedings were taken by the Plaintiff (in November 2007) because he had been arrested and detained on 7 July 2006 on suspicion of sexual assault, following a complaint made by a female passenger from a cruise ship docked in St. George's. The main complaint said to give rise to the Plaintiff's cause of action is that his detention continued throughout the day, many hours after the complainant had withdrawn her complaint.

3. The police investigation into the alleged assault commenced at about 6.30 am on 7 July. The Plaintiff, who is a serving police officer, was arrested by API Evans at 8.12 am on 7 July, shortly after he had attended for duty at the St. George's Police Station. From the time of the initial complaint, the complainant was being questioned and examined, and at some time shortly after 10.30 that morning, the complainant advised police officers that she did not wish to return to Bermuda and did not wish to give a statement of complaint. Her cruise ship was scheduled to depart at 12.00 noon.

4. However, the Plaintiff remained in custody throughout the day, and was eventually released, according to the statement of claim, after 6.00 pm in the evening.

5. The statement of claim makes two complaints against the Commissioner in his personal capacity. First, it is said in paragraph 5 that despite the withdrawal of the complaint by the complainant, the Commissioner ordered that the Plaintiff continue to be held in custody. Secondly, in paragraph 6 it is said that the Plaintiff was unlawfully and falsely imprisoned for over six hours without further questioning or action being taken by the police or the Commissioner, the latter knowing full well that the complaint had been withdrawn. It is on the basis of his alleged unlawful detention that the Plaintiff seeks damages.

The Evidence

6. The only evidence before the court was an affidavit sworn by...