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Thursday, Apr 09, 2020

Shawn Henry suing for false imprisonment and malicious prosecution

Shawn Henry suing for false imprisonment and malicious prosecution

Shawn Henry, the police officer who was acquitted of charges related to criminal wrongdoing while he was on active duty, has filed a civil claim against the Attorney General and Commissioner of Police.

Henry is seeking damages for false imprisonment and malicious prosecution, court documents have revealed.

The documents stated that Henry was detained then arrested and charged with multiple offences including theft and conspiracy to steal.

He was reportedly incarcerated for 35 days until he received bail at the High Court.

“The detention, arrest and charge of the claimant were malicious and without any lawful basis and or contrary to the law, and the claimant was eventually acquitted of the said charges on April 5 2019. As a result of the said detention, arrest and the charges, the claimant sustained damage, loss and incurred expense,” the lawsuit said.

It continued: “Wherefore the claimant claims: damages for false imprisonment, damages for malicious prosecution, exemplary damages, aggravated damages, pre-judgement interest on damages from the date of the arrest to the date of judgement, interest on damages from the date of judgement at the date of payment at the rate of five per cent per annum pursuant to the Judgements Act 1907, costs and such further and other relief as this honourable court shall think fit.”

The lawsuit was filed by PST Law chambers on behalf of Henry.

What happened


Shawn Henry’s Attorney Ian Wilkinson had previously indicated to BVI News that his client may seek compensation from the government following his acquittal.

At the time, Wilkinson said the Crown’s case against his client was lacking from the outset.

“We made a submission to the court that there was no case to answer [and] that the prosecution failed to establish that my client, Mr Henry, was involved in any conspiracy to steal with the other accused men,” the attorney said.

“We were persistent in this from day one. All Mr Henry was did turn up at the various scenes and discharged his duties as a police officer,” he added.

Henry’s co-accused, Simon Power was also acquitted of one of two charges that were brought against him – acquisition, possession or use of proceeds of criminal conduct.

Similar to Henry, Power’s attorney, Israel Bruce made a no-case submission which the court upheld. The charge of conspiracy to steal against Power and the third accused cop, Pamphill Prevost, still stands.

The trial is expected to continue for Power and Prevost.

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