The government is to pay $10 million to 67-year-old Harvey Morgan who was formerly employed to the Forestry Department in Portland.

Morgan sued the attorney general and Constable Ransford Fraser after he was arrested and charged in March 1991 with several offences under the Larceny Act. He was employed to the Forestry Department at the time of his arrest and was detained in custody for nine hours.

The charges were dismissed in October 1995 and Morgan filed the suit in the Supreme Court on May 21, 1999. He sued seeking damages for false imprisonment, malicious prosecution and personal injuries arising from his arrest.

Lost health

He said prior to his arrest he was a member of the Chamber of Commerce and an outstanding member of his community. He was a counsellor for youngmen, a sociable and congenial person, a good cricketer and a good dancer.

After his arrest he said he became withdrawn, his health deteriorated and he suffered a stroke in July 1993 which resulted in the paralysis of the left side of his body.

The defendants did not file a defence to the suit and the matter proceeded to assessment of damages.

On February 14, 2003, Supreme Court Judge Donald McIntosh awarded him general damages of $15 million. He was also awarded special damages of US$12,786 as Morgan had to get treatment abroad and $177, 267 with interest at six per cent per annum from October 4, 1995 to November 22, 2002.

Appeal

The attorney general appealed on the grounds that the judge erred when he found that the stroke which Morgan suffered in July 1993 was caused from his arrest and prosecution. It was also contended that the award for general damages was manifestly excessive.

The Court of Appeal agreed with Justice McIntosh that Morgan suffered a stroke as a result of the false arrest and malicious prosecution and his disability was permanent.

The court reduced the award from $15 million and subsequently awarded $124,172 for false imprisonment, $2.4 million for malicious prosecution and aggravated damages and $8 million for pain and suffering and loss of amenities.