ANTIGUA AND BARBUDA
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
CLAIM NO ANUHCV201110167
NORMAN PARILLON GEORGE
Ms E. Deniscia Thomas for the Claimant
No appearance of or for the Defendants
2012: December 11
 LANNS, J [Ag]: On Tuesday 11th December 2012, I rendered an oral judgment in this
matter and indicated that written reasons will follow. These are the reasons.
 By Fixed Date Claim Form and Statement of Claim filed on 14th March 2011, the Claimant
Anton Tonge claimed the following reliefs:
(1) A declaration that the right of the Claimant to personal liberty as guaranteed
under Section 5 the Antigua and Barbuda Constitution Order 1981 has been
(2) Damages for loss of the Claimant’s right to personal liberty as guaranteed
under Section 5of the Antigua and Barbuda Constitution Order 1981;
(3) Further and alternatively, damages for False Imprisonment;
1 (4) Damages for Malicious Prosecution on the charge of using threatening
language contrary to Section 48 (a) of the Small Charges Act, Chapter 405 of
the Laws of Antigua and Barbuda, 1992 Revised Edition;
(5) Such further or other relief as to the court seem just;
(6) Interest and costs
 The Statement of Claim alleges, among other things that the Second named Defendant
(Officer Parillon) maliciously arrested and detained the Claimant for about nine hours and
subsequently caused him to be prosecuted on a charge of making use of threatening
language to one Janice Powel.
 On 28th
January 2011, the charge was dismissed by the Magistrate for District A as the
Prosecution conceded that there was nothing in the words allegedly spoken that could
amount to threatening language.
 By way of Defence, the Defendants admitted, among other things that the charge brought
against the Claimant was dismissed, but denied that the claimant was prosecuted
maliciously or without reasonabloe and probable cause for the said offence.
 Various trial dates had been adjourned for various reasons, and the matter was finally set
down for trial on the 11 th December 2012.
 When the matter was called up, Ms E. Deniscia Thomas appeared for the Claimant. There
was no appearance of or for the Defendants.
 The court rose for five minutes to allow the Court Clerk to contact the Chambers of the
Attorney General. Upon resumption, the Clerk indicated that no one at the Chambers of
the Attorney General knew the whereabouts of Crown Counsel Mrs Carla Brookes-Harris
who has conduct of the matter on behalf of the Defendants.
 The court proceeded with the matter.
 The court had before it the affidavits filed by the parties in the matter and these comprised
the evidence in the proceedings, pursuant to the order of Michel J dated 10th
By that Order, all affiants were required to attend the trial to be cross-examined on their
affidavits, unless excused in writing. As I have said, the Defendants were absent and
unrepresented. And there was no indication that Officer Parillon was excused from
 The Claimant took to the witness stand and he identified his signature on the affidavits to
which he swore, and he swore that the contents were true and correct. He was asked a
few questions which were unnecessary since the answers were already contained in his
affidavits. Nonetheless, there were no inconsistencies or anything new in his answers.
2 [12J The Defendants, having failed to appear, the evidence of the Claimant stands
unchallenged and uncontroverted, and judgment entered for the Claimant for damages to
[13J It is hereby adjudged that Judgment be and is hereby entered for the Claimant for
damages (in respect of the torts of false imprisonment and malicious prosecution) to be
assessed upon application.
And it is ordered that
[1J The Claimant shall file and serve his application for assessment within 21days of
today’s date, together with evidence on affidavit, brief submissions and authorities;
(2J The Defendants shall file and serve their replying submissions within 21 days of
(3] Hearing of the assessment shall take place in open court on a date to be fixed by
the Court Office; unless aconsent order is sooner filed.
J.~ High Court Judge (AgJ