Court Keeps Prosecutors in Malicious Prosecution Suit
Eastern Caribbean appeal court lets a retired Dominican police officer's lawsuit proceed against the Director of Public Prosecutions and a police chief.
Updated on Nov. 4, 2026 in Criminal Justice
The Eastern Caribbean Court of Appeal ruled in September 2026 that the Director of Public Prosecutions and Chief Inspector Louis Buckley can remain defendants in a malicious prosecution lawsuit brought by retired Deputy Commissioner Alwin James. The court overturned part of a March 2025 order that had removed them from the case.
Why it matters
The ruling clarifies that a public officer can be sued personally for an alleged tort committed while performing official duties, and that malicious prosecution claims may proceed under common law. It affects how individuals can seek accountability when they believe criminal charges were brought improperly.
The appeal court has allowed the claims against Chief Inspector Louis Buckley and the Director of Public Prosecutions to continue, and the appeal costs will be assessed if the parties cannot agree within 21 days. Whether the claim against the prosecutor is maintainable has not yet been determined.
The players
Alwin James
A retired Deputy Commissioner of Police in Dominica who brought the malicious prosecution lawsuit after being charged over ammunition allegedly taken out of the Virgin Islands.
Louis Buckley
A Chief Inspector whose alleged role in laying the charge in the Commissioner's name is central to James's claim.
The details
The lawsuit stems from a July 2022 charge of unlawful possession of explosives, alleging James attempted to take 50 rounds of ammunition out of the Virgin Islands without permission. James, who returned to Dominica, was never served with the summons, and a magistrate later declined to reissue it as an abuse of process.
Timeline
July 2022: Charge of unlawful possession of explosives laid against James.
March 2025: Order removed Buckley and the Director of Public Prosecutions from the case.
September 2026: Court of Appeal overturned part of the order.
Legal Context
The court's reading of section 13 of the Crown Proceedings Act means public officers in the region cannot assume immunity from personal malicious prosecution claims. The decision builds on the principle that malicious prosecution can be pursued under common law.
Individuals who believe they were wrongly charged may now pursue personal claims against officers involved in the prosecution. The ruling makes clear that Crown-related protections do not automatically shield those officers from such suits.
The takeaway
Accountability for wrongful prosecution can extend to the officers and prosecutors who initiate charges, not only to the agencies they serve. Anyone facing a questionable charge should be aware that such claims may be available.
Further reading
Explore more on Criminal Justice and how courts handle claims against prosecutors.
Source note: This article includes information reported by BVI News.
