Court rules that DPP can be sued in malicious prosecution claim
The building that houses the Office of the DPP
The Eastern Caribbean Court of Appeal has ruled that the Director of Public Prosecutions and a police chief inspector can remain defendants in a malicious prosecution lawsuit brought by retired Deputy Commissioner of Police Alwin James.
In its September 2026 judgment, the court overturned part of a March 2025 order that removed Chief Inspector Louis Buckley and the DPP from the case. The appeal concerned whether James could sue them directly. The court left the merits of his claim to be determined.
The lawsuit stems from a charge of unlawful possession of explosives laid in July 2022. Authorities alleged that James attempted to take 50 rounds of ammunition out of the Virgin Islands without permission from the Commissioner of Police. James returned to Dominica and was never served with the summons. After it expired, a magistrate declined to reissue it, finding that doing so would amount to an abuse of process.
James subsequently sought damages for malicious prosecution. He alleged that Buckley laid the charge in the Commissioner’s name and that the DPP reviewed, or arranged for a review of, the evidence submitted by police before approving the charge. The Commissioner of Police and the Attorney General were also named in the lawsuit.
The appeal turned on section 13 of the Crown Proceedings Act. The court held that section 13 governs proceedings against the Crown but does not prevent a public officer from being sued personally for an alleged tort committed in the course of official duties. James had alleged that Buckley and the DPP were each directly responsible for the conduct at issue.
The judges also considered whether prosecutorial immunity shielded the DPP from a malicious prosecution claim. They held that such a claim can be brought under common law, although it is difficult to prove. A claimant must establish, among other things, that the defendant initiated or continued the prosecution without reasonable and probable cause, acted with malice and caused damage.
“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 stated.
The court awarded James his costs of the appeal and of the proceedings. It directed that the appeal costs be assessed if the parties could not agree on them within 21 days of the judgment.
Vindication for Alwin James as court rejects firearm charges
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Time for people to start suing the DPP personally for all those malicious and wrongful prosecutions especially stemming from the COI.
The Director of Public Prosecutions should not be allowed to torment the good people of this little place. How many more malicious cases and abuse and poor judgement must the public hear before she’s fired! Can someone who know the law explain how she can be removed? Don’t wait until her abuse of office and malicious behavior reach your family or loved ones a begging. What have this country done for them to be punished? This must be worst and longest abuse of the DPP office. That is what you call criminal conduct a real bad one justice failure who went law school to use the law to manipulate and abuse the system and her victims.
That ddp must go!!!
Prosecuting someone because of personal or disliking issues are not enough. They did this to embarrass and shame him..There were no justified reasons to prosecute him..He really need to sue them for malicious prosection…
She needs to be sued in her own name for the nonsense she keeps doing. She is wasting taxpayers money with these frivolous cases, judicial reviews and appeals. When she start to get sued personally she would do her job the right way.
so he did the crime, wasn’t served the paperwork correctly and now wants to sue? and all you idiots cheer for him, welcome to the BVI
It used to be reading and comprehension. You obviously can read, but you can’t comprehend.
It’s either that or you chose to cherry-pick the article.
The British Virgin Islands is a DEMOCRACY governed and regulated by the Constitution, various Statutes, and Regulations.
In our DEMOCRACY, no one should be allowed to violate our LEGAL FRAMEWORK WITH IMPUNITY!
Vere. Hilroy Emmanuel Browne. Esq