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Lavaka v Ministry of Police [2000] TongaLawRp 6; [2000] Tonga LR 17 (25 February 2000)

IN THE SUPREME COURT OF TONGA

Lavaka

v

Ministry of Police

Supreme Court, Nuku'alofa
Finnigan J
C 1236/99

7, 8 February 2000; 25 February 2000

Tort — unlawful imprisonment — damages

Tort — assault — damages

Damages — wrongful arrest — exemplary damages allowed

The plaintiff, a 14 year old alleged theft suspect, was taken into custody by the police and allegedly beaten. He was not formally arrested, nor charged, and he was not taken before a Magistrate for an order relating to his custody. The police made no contact with his guardian. He was not offered the opportunity of consulting a lawyer, nor the opportunity of having his guardian present. As a minor, suing through his next friend, he sought damages of $5,500 for assault, $3,000 for unlawful imprisonment, $2,000 for loss of reputation, $2,000 for emotional distress and discomfort and $5,000 as exemplary damages.

Held:

1. The actions of the police amounted to an arrest and the police officer had not discharged the onus on him of justifying his action. That being so, the prima facie interference with the plaintiff's right to liberty remained what it appeared to be - an interference with that right that had not been justified and was therefore contrary to law.

2. In respect of the damages claim for unlawful imprisonment the Court concluded that the $3,000 claimed as compensation for the loss of liberty and for the mental anguish, both of which were proved, was justified and it was allowed.

3. Injury to reputation resulting from unlawful arrest and detention can be a factor for an award of compensation in a case of unlawful imprisonment without the need to plead it separately; however, such a claim had not been made out in this case.

4. The assaults constituted by themselves a case of wrongful interference with liberty where proof of the events was sufficient, and specific injury need not be proved in order to sustain a claim for damages. For the assaults themselves and the specific injuries proved, although the injuries were not in themselves grievous, the separate claim of $5,500 was justified, and was awarded.

5. A wrongful arrest by a police officer came within one of the three categories of cases where exemplary damages may be awarded, such arrest being an oppressive, arbitrary or unconstitutional action by a servant of the government. The Court had no doubt that this was one of those rare cases when an award of exemplary damages may be made. The claim for $5,000 was awarded.

Cases considered:

Castorina v Chief Constable of Surrey [1988] NLJR 180 (CA)

Collins v Wilcock [1984] 1 WLR 1172; [1984] 3 All ER 374