A retired Deputy Commissioner of Police has won the right to continue suing the Director of Public Prosecutions and a chief inspector for malicious prosecution, after the Eastern Caribbean Court of Appeal reversed a lower court decision to throw out their names from the case.
Alwin James brought the lawsuit over charges filed against him in July 2022 for unlawfully possessing explosives. Authorities claimed he tried to remove 50 rounds of ammunition from the Virgin Islands without the Commissioner of Police's permission. James left for Dominica and never received the summons; when it lapsed, a magistrate refused to reissue it, treating the attempt as an abuse of process.
James contended that Chief Inspector Louis Buckley initiated the charge under the Commissioner's authority and that the DPP either examined or ordered an examination of the police evidence before signing off on the prosecution. He then filed for damages.
In its September 2026 judgment, the appeal court found that section 13 of the Crown Proceedings Act does not shield individual public servants from personal liability for wrongdoing carried out as part of their job. The judges also addressed whether prosecutorial immunity would protect the DPP against a malicious prosecution claim, concluding that such a claim is possible under common law, though difficult to win.
To succeed, James must prove the defendant pursued or maintained the prosecution lacking reasonable grounds, acted maliciously and suffered harm. The court noted: "It remains to be seen whether the appellant's case against the DPP meets the relevant threshold and whether the case against her is maintainable."
The court ordered that James receive his costs for both the appeal and the underlying proceedings, with appeal costs to be calculated if the parties cannot settle within 21 days.
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