Lawyer sues government
Published:Wednesday | January 28, 2009 | 8:56 AM
Attorney-at-law Hugh Thompson has filed a suit against the government seeking special damages of $100 million for loss of business opportunity over the last five years.
The suit stems from the unlawful search and seizure of documents and files from his law office in January 2003.
Thompson\'s office in Kingston and those of attorney-at-law Ernest Smith in Kingston and St. Ann were searched by the police and files removed.
The police claimed that the search was done to assist the Canadian government in the case of 57 year old Canadian national Robert Bidwell, who was wanted in connection with drug-related offences.
Thompson and Smith were retained to represent Bidwell.
The lawyers filed a motion in the Constitutional Court contending that the search and seizure were unlawful, but the motion was dismissed.
The Court of Appeal later ruled in December 2007 that the search and seizure were unlawful and were in breach of legal professional privilege.
The defendants, who are the Attorney General, Deputy Superintendent of Police Karl Plumber and the Director of Public Prosecutions were ordered to return the files.
Thompson, who is being represented by attorney-at-law Bert Samuels of the law firm Knight Junor and Samuels, is contending that despite the court ruling, the defendants have continued to disobey the order to return his files.
Thompson is seeking damages for trespass, exemplary damages and damages for breach of his constitutional rights.
He said that he has been prevented from carrying on his law practice because of the unlawful detention of his files.
He is seeking $100 million in special damages from January 2003 to December 2008 and damages for additional loss of income until the files have been returned.
Thompson is seeking damages for trespass, exemplary damages and damages for breach of his constitutional rights.
He said that he has been prevented from carrying on his law practice because of the unlawful detention of his files.
He is seeking $100 million in special damages from January 2003 to December 2008 and damages for additional loss of income until the files have been returned.