High court awards man over 30k for unlawful search, malicious prosecution

(JTV News) – A man was awarded over $30,000 in damages by the High Court after he successfully sued the BVI Government through the Attorney General for unlawful search, wrongful arrest, false imprisonment, and malicious prosecution in which police officers broke into his home, handcuffed him, and took his sleeping baby away from his lawful care in 2018, according to the court judgment published on February 23, 2023.

Judge Heather Felix-Evans ordered, in the judgment, that the claimant, Damion Morgan, be paid for unlawful search ($7,500), damages for wrongful arrest and false imprisonment ($20,000), damages for malicious prosecution $5,000 and nominal damages for legal fees ($1,500).

Morgan, who was represented by attorneys Jamal Smith and Crystal McKenzie, was slated to receive pre-judgment interest on the global sum from August 6, 2018, to the date of judgment at a rate of three percent per year, in addition to the statutory interest of five percent per annum –from the date of judgment until payment in full and prescribed costs.

According to court records, an argument that developed between Morgan and his baby’s mother, Chrystal Mitchell, at his home, stemmed from an earlier incident in which he reportedly took the child away from Mitchell’s friend at the Festival Village in Road Town — sometime around midnight on August 5, 2018 — and brought the child back to his home in Harrigan Estate.

It is reported that the claimant (Morgan) prevented Mitchell from entering his home when she arrived to collect the baby. It is further reported that Morgan told his baby’s mother that she would be able to get the child the next morning because the baby is sleeping.

The child’s mother however reported the matter to the police who showed up at Morgan’s home and forced themselves then handcuffed him. The lawmen, who claimed to have called out to him, then took the sleeping baby and brought it to Mitchell.

The incident was witnessed by the claimant’s brother and his brother’s girlfriend, according to court records.

Morgan was charged at the Road Town Police Station with common assault against his baby’s mother and released later that day.

According to court records, Morgan said the allegation about a fight that occurred between him and his baby’s mother at his home, the night she came for their child ,were not true.

Court records show that police told Morgan that they did not have a warrant to enter his home and boasted that they did not need one and they would show him how the laws work.

Morgan also denied hearing sirens from the police and calls by the officers for him to open the door when they arrived at his home. In addition, court records indicate that the lawmen had no court order to take the baby from his lawful care.

Though Morgan was brought before the Magistrate’s Court to answer to the charges, the matter was discontinued about 14 months later by the prosecution.