'Storyteller’ Morrison’s appeal for increase in Supreme Court award for wrongful extradition dismissed

The Court of Appeal today dismissed the appeal of Jamaican businessman Richard 'Storyteller' Morrison who was seeking an increase in the Supreme Court award of $3 million against the government for wrongfully extraditing him to the United States of America in 1991.

Morrison, after spending 22 years in prison, was deported to Jamaica in 2013.

He then filed a negligence suit against the government for compensation for wrongful extradition and the pain and suffering it caused and breaches of his constitutional right.

The government accepted liability and following an assessment of damages, the Supreme Court awarded Morrison $3 million.

He complained that the award was too low and could not compensate for even a month of the living hell he went through during the years in prison.

Morrison, who represented himself, filed an appeal seeking to have the amount increased.

Today, Justice Patrick Brooks, President of the Court of Appeal, Justice Nicole Simmons and Justice Kissock Laing ruled that Morrison had not demonstrated that Supreme Court Judge Dale Staple was palpably wrong in his assessment.

On February 4, 2021, Staple, in assessing damages, ordered that the Attorney General pay Morrison $300,000 for the breach of his constitutional rights and $2.7 million for negligence.

The judge accepted that Morrison was tried on charges that were not included in the extradition order.

The judge found that Morrison did not have a right to appeal to the United Kingdom Privy Council when he was extradited.

The court, in dismissing the appeal, said that “the learned judge correctly found that the respondents had not breached Mr Morrison's constitutional rights, the Act, or the Extradition Treaty. He also correctly found that Mr Morrison did not have a right of Appeal to the Privy Council. In these circumstances, the learned judge was on good ground for refusing to make an award for vindicatory damages. The court will not disturb his award.”

He was ordered to pay three-quarters legal costs to the Attorney General who was a respondent.

The court apologised for the delay in handing down the judgment, which was reserved on December 13, 2022.

Morrison was said to be a member of the violent drug gang called the 'Shower Posse' but he has denied ever being a member.

The United States had named Morrison and Lester Lloyd Coke, also known as 'Jim Brown', as co-leaders of the gang and requested that the Jamaican government extradite them to face charges of murder, attempted murder and conspiracy to distribute and possess, with intent to distribute cocaine and marijuna.

Coke while awaiting extradition, died in a mysterious prison fire in February 1992.

Morrison was extradited while an appeal was pending to the United Kingdom Privy Council against his extradition order.

The Jamaican government had requested to have Morrison returned after it discovered that he had an appeal pending but was not successful.

He was tried and convicted in the USA for cocaine offences for which he was not extradited.

The offences for which he was extradited were thrown out for lack of evidence.

Respondents were the Minister of Justice and the Attorney General.

They were represented by attorney-at-law Taneisha Rowe-Coke, instructed by the Director of State Proceedings.

Rowe-Coke argued that the judge was generous in his award because there was no evidence that Morrison suffered actual loss because of the government's action.

- Barbara Gayle

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