BVI News

Shawn Henry suing for false imprisonment and malicious prosecution

Henry

Shawn Henry, the police officer who was acquitted of charges related to criminal wrongdoing while he was on active duty, has filed a civil claim against the Attorney General and Commissioner of Police.

The form, which was obtained by BVI News, was filed on October 4, last year.

Henry is seeking damages for false imprisonment and malicious prosecution, court documents have revealed.

The documents stated that Henry was detained then arrested and charged with multiple offences including theft and conspiracy to steal.

He was reportedly incarcerated for 35 days until he received bail at the High Court.

“The detention, arrest and charge of the claimant were malicious and without any lawful basis and or contrary to the law, and the claimant was eventually acquitted of the said charges on April 5 2019. As a result of the said detention, arrest and the charges, the claimant sustained damage, loss and incurred expense,” the lawsuit said.

It continued: “Wherefore the claimant claims: damages for false imprisonment, damages for malicious prosecution, exemplary damages, aggravated damages, pre-judgement interest on damages from the date of the arrest to the date of judgement, interest on damages from the date of judgement at the date of payment at the rate of five per cent per annum pursuant to the Judgements Act 1907, costs and such further and other relief as this honourable court shall think fit.”

The lawsuit was filed by PST Law chambers on behalf of Henry.

What happened

Shawn Henry’s Attorney Ian Wilkinson had previously indicated to BVI News that his client may seek compensation from the government following his acquittal.

At the time, Wilkinson said the Crown’s case against his client was lacking from the outset. 

“We made a submission to the court that there was no case to answer [and] that the prosecution failed to establish that my client, Mr Henry, was involved in any conspiracy to steal with the other accused men,” the attorney said. 

“We were persistent in this from day one. All Mr Henry was did turn up at the various scenes and discharged his duties as a police officer,” he added. 

Henry’s co-accused, Simon Power was also acquitted of one of two charges that were brought against him – acquisition, possession or use of proceeds of criminal conduct. 

Similar to Henry, Power’s attorney, Israel Bruce made a no-case submission which the court upheld. The charge of conspiracy to steal against Power and the third accused cop, Pamphill Prevost, still stands.

The trial is expected to continue for Power and Prevost.

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24 Comments

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  1. Yard fowl says:

    Here we go again another law suit

    Like 8
    Dislike 2
  2. John White CQ says:

    Keep yourself calm sir, humble yourself

    Like 12
    Dislike 1
  3. LOL says:

    more suing? first it was fraser, then mitch now 2 police officers

    Like 9
    Dislike 1
    • @LOL says:

      There is going to be much more lawsuits filed. The Pine Sol matter, that is cause for a lawsuit against the teacher school and The Board of Education who is in charge of the school.

  4. shabba says:

    sue! sue! sue! sue!

  5. Hmmmm says:

    More to follow. Stay tuned.

  6. School Children says:

    …..say BVIPA next.

  7. BVI says:

    The honey comb of the Virgind Islands!

    Like 6
    Dislike 1
    • BVI PA STAFF says:

      BVI PA management and the board members need to get sue yes, imagine them call the staff offf the Govt work to tell the staff of the BVI PA pure lies “we getting increment end of January 2020” and failed to deliver. Giving the staff false and up to now they have yet to disclose the reason why them ain’t deliver their promise…

  8. Hmm says:

    In reality, he is suing the people of the cirgi islands because its our taxes going pay that bill. However, i would encrourage people to file ñawsuits because it would help those responsible to straighten up and get some backbone. We too lax round ya.

    Like 13
    Dislike 1
  9. No nonsense says:

    Let he cart his A sam, sam! He was on government time, my tax money, pension, social and NHI. …still want to sue me. DEPORT HE!

    Like 6
    Dislike 10
  10. The Reaper says:

    That’s way u let island people in our force They country Independent we are not Tell me this,,, how come they never stay and protect there home land security …Tell me …I can go on and on. Because I know what they gonna stay. ..BvI corrupt but they country corrupt worst than BvI. It’s the money they came for it’s too easy here. Need more harder restriction..Visa. Visa. I but u ,,,,they say in there county. All kind of national in BvI police force living it up. Benefits Benefits Benefits …Sad. Let them sever their country..We are not independent…Let the Queen send there force here. So f*** them Expatriates police go home and protect your place of birth but u can’t do it..Why u would be collecting EC dollars. Facts Facts Facts ..U all country Independent Independent We are not. So go and don’t say we need u. We under the British Empire Queen Elizabeth……So who Vick Vick u came on a plane ✈️ and it waiting for all of u all ….I know your country is better then here ,,U talk bad about here .We have nothing is right but way u all living here still it something….The money The money The Money The Money…..Them f+++ing Beast Boys Pigs ?..looking a coming up. Go home and joint you all police force…Fed Up. Shot Fire

    Like 6
    Dislike 14
    • Coward bloggers says:

      What this island needs is an influx of English teachers. How could you diss people and you can barely read and write to save your life? Everytime a non-national’s name is in the news, some dunce tries to spew assishness which makes your argument irrelevant and pointless. I couldn’t careless about the officer or where he’s from. Stop making us VIslanders look uneducated and ignorant. Go and join the force if you’re capable…take some standard English courses as well. Otherwise shut the hell up!!!!

      Like 23
      Dislike 1
      • Bvi says:

        .@coward blogger We all writing short hand.Even hiding behind the name.Maybe, u married to a police or a pig He making a lot of sense.This is We country and maybe u from Here .married to A pig..Or not .Their are corrupt police here in the force.now he want to sue The government for damages.what damages… Like he said ..He looking a easy come up,The commissioner need to be more hard on these independent country people who left their country to join find employment in other country like here ,Which BvI is not Independent..So commissioner stand your ground.show them u are not scared of Them..The Queen u answer Too. They could not do that in there county and get away with it

        Like 3
        Dislike 11
        • BVI too says:

          BVI you make no sense. Coward Bloggers has a very good point. And the fact that you are a ‘name-caller’ says a lot about you. Grow up!

      • @coward bloggers says:

        My sentiments exactly!

        It could not have been said better.

  11. Hmmmm says:

    … bearly slip through the net, now be humble, and desolve into the abiss, eyes wide open.

    Like 4
    Dislike 4
  12. Home Boy says:

    First let me say I’m a born BVIslander and has served in the Police Force for over 36 years. It annoys me when I see so call Virgin Islanders like The Reaper and BVI come on blogging pure nonsense, we are not an Independent country but can’t do without people from wherever they come from in this little place. Look at the Police Force for example, no Virgin Islanders want to join, but yet they don’t want outsiders join. Policing must go on in any country, they are talking about independent, look at St Kitts and Nevis that’s independent hiring Police Officers from Grenada and St Vincent. I’ll go as far to say all most of our young men here wants to do is to live a life of criminality and we love that. We might not go to other Caribbean islands seeking employment, but we do go to other people’s country for those who go. I agree with the Officer for suing whoever, we will always pay when we don’t do the correct and honest thing. I don’t know why we are so against our own black brothers and yet we suck up to others. We cannot do without them, look at our Labour Force. How many Virgin Islanders are in construction and the daily domestic workers and the lesser paid jobs. Very few, look at who are renting our apartments and so on. I will say if anyone is not law abiding once in any country outside of their own, they should be dealt with according to the laws of that country.This migration issue will always be, so we just got to live with it and stop acting like uncivilized and uneducated fools. I will end there as I can go on and on.

    Like 11
    • @Home Boy says:

      …now here’s a BVIlander with much sense.

      Unfortunately the world is filled with hatred and discrimination, so our fellow bvislanders’ attitude will not be going anywhere until Kingdom come. They are oblivious to the damage they are doing.

      I sympathize with all expats or those that were not ‘barrrn yaaa’, but I feel even more sorry for the black ones.The pink ones already have their well buttered breads ??.

      Sad country!
      Need special prayers!

      Like 3
      Dislike 1
  13. Sad Country says:

    @Home Boy, you are correct this is a sad country. I am an expat but it hurt me to see how some of my fellow expat is taking advantage of the BVI. I know expats leave their place of birth to better themselves because they were not getting the opportunity to do so in their country. Then we get the opportunity in a next man country after we quietly left our country without any fuss but now that we are given an opportunity. We suing,making demands and doing to the BVI what we do not have the balls to do where we born. Since we are so big and bold let all of us go back to our country and sue our Government for not creating jobs and opportunities for us also any body who have done us wrong,instead of staying here and harassing the people in their country. Too much ungreatfulness.

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