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Dismissed bank worker stands to benefit from malicious prosecution by the State

Justice Actie – ruled in favour of Co-op Bank in its dismissal of Lyndon Roberts

THE NEW TODAY erroneously stated in this week’s e-paper that the Grenada Co-operative Bank Limited (GCBL) suffered a major loss in a court case brought by a dismissed employee Lyndon Roberts.

 High Court judge Justice Actie ruled that the dismissal was justified by the bank but felt that there was malicious prosecution by the State especially the Financial Intelligence Unit (FIU) and awarded him damages.

 Lyndon Roberts was dismissed 10 years ago by GCBL from his position as a Bank Teller after there was a cash shortage of EC$5444.08 at business at the end of the day.

 He was arrested by the FIU and slapped with criminal charges but the Director of Public Prosecutions (DPP) Christopher Nelson eventually dropped the case against him.

 The former bank worker sought redress before the High Court and sued GCBL for wrongful dismissal, wrongful arrest, false imprisonment, and malicious prosecution.

 When the matter came up for hearing before female high court judge Justice Agnes Actie, attorney-at-law Nazim Burke amended the lawsuit and moved against the bank for “damages for wrongful dismissal”, and for “damages for wrongful arrest, false imprisonment, malicious prosecution, general damages, interest, such further or other relief and costs.”

 After the hearing, Justice Actie issued the following order in the case:-

(i) The claimant’s claim for wrongful dismissal against the bank stands dismissed with prescribed costs Pursuant to Part 65.5 (1).

(ii) The claim against the defendants for wrongful arrest and false imprisonment stands dismissed.

(iii) Judgment is entered in favour of the Claimant against the second to fourth defendants (INSPECTOR 117 SHELDON THOMAS, WPC 806 FRANCES MC LEAN, and THE ATTORNEY GENERAL OF GRENADA for malicious prosecution with damages to be assessed, if not agreed.

(iv) Failing agreement, the claimant shall file and serve further submissions with authorities in support of the assessment of damages on or before September 15, 2023.

(v) The 4th defendant shall file and serve submissions with authorities in reply on or before 30th September 2023.

(vi) The assessment shall be conducted on paper unless otherwise directed.

THE NEW TODAY apologises to the bank for the inconvenience caused over the headline and as a public service reproduces in full the Justice Agnes Actie ruling in the court case in which GCBL was exonerated but the State has to pay Roberts some financial compensation for damages.

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