The High Court has ruled that the arrest and overnight detention of motorist Ryan Reid by police in November 2022 was unlawful, clarifying the limits of police powers in traffic matters.
Justice Nicola Byer found that officers have no authority to arrest or detain motorists for ticketable offences such as failing to wear a seatbelt or using a mobile phone while driving. The court said such offences are subject to fixed penalties and do not justify arrest.
Reid had been stopped for those violations on 7 November 2022. The judge ruled that his arrest and detention over two days amounted to a trespass on his person and were therefore unlawful.
The case was brought against the Commissioner of Police, Casey Jean Baptiste, and the Attorney General. Reid was represented by attorney Wendel Alexander.
The court also ruled that only the Commissioner of Police has the authority to suspend a driver’s licence before conviction. It found that actions taken by officers in 2021 to enforce what was believed to be a suspension were not lawful.
However, the court rejected Reid’s claims of malicious prosecution, harassment and abuse of discretion in refusing station bail, saying he had failed to meet the required legal tests.
In relation to a separate arrest in May 2021 for dangerous driving, the court found police acted lawfully, noting that Reid had failed to provide his name, address or driver’s licence, which allowed officers to arrest him under traffic law.
Reid has been granted leave to apply for damages for the unlawful arrest and detention. He has 21 days to do so. The court awarded him 75% of his legal costs.
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Finally…..a judgment against the police. Reid don’t give them any excuse……be careful out there from now on
It’s quite relieving to see a civilian winning a case against the system. Kudos to the learned judge👏 and congratulations to Mr. Reid and his legal luminary Mr. Alexander. Finally things are happening within the justice system that proves that it can work if applied properly and fairly
Want to particularly congratulate Attorney Robinson. It is sad day when law men themselves do not even know the law and arrest a citizen for a simple ticketable offense.
WHAT THE HELL…! …WANT OF KNOWLEDGE: …FULL OF ZEAL: …STRONG IN STUPIDITY
LAW: …KNOW AND CONFORM
***
RIGHT AT THIS NEWS PORTAL-ANR
Did communicate:
(a) ‘…PROFESSIONAL TRAINING KNOWLEDGE:
(b) …COMMUNICATED PRACTICAL EXPERIENCE: that
(c) …THE ‘TRAFFIC OFFICER’ MAY HAVE: been
(i) …IN WANT OF PROFESSIONAL KNOWLEDGE: but
(ii) …SEEMINGLY FULL OF ZEAL: and
(iii) …ALSO GUIDED BY SHEER STUPIDITY.’
***
LACKED FAMILIARITY:
Obviously, he may also have ‘…LACKED FAMILIARITY:’ with
(a) ‘…THE VEHICLES AND ROAD TRAFFIC:
(b) …ENFORCEMENT AND ADMINISTRATION ACT’ [CHAPTER 460: Antigua and Barbuda].
***
UNLAWFUL EXERCISE OF AUTHORITY
He had ‘…UNLAWFULLY EXERCISED AUTHORITY’ in ‘…ARRESTING THE MOTORIST,’ where no such ‘…AUTHORITY,’ so resided in him/her.’
***
SUGGESTION:
READ AND KNOW:
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LESSON: 1 OF 2026: …YES, FIRST LESSON
ASSESS A SITUATION, AND IF SO COMPELLED:
(i) ‘…IN THE IN THE INTEREST OF ‘…PERSONAL SAFETY-(Self-preservation): and
(ii) …PUBLIC SAFETY (Protection of the pulbic): then
(iii) ‘…ACT APPROPRIATELY:
(iv) …RATIONALLY:
(v) …PRUDENTLY: and
(vi) …LAWFULLY.’
***
GENTLE REMINDER: …STUPID ENFORCEMENT: …CIVIL JUDGMENT
An enforcer may ‘…GENTLY REMIND’ him/herself of the ‘…LAW’ governing:
(i) ‘…STUPID ENFORCEMENT: and
(ii) …SATISFACTION OF CIVIL JUDGMENT:
***
THE LAW STATES:
‘…When any ‘…CIVIL JUDGMENT: is
(a) ‘…OBTAINED AGAINST:
(i) …ANY POLICE INSPECTOR:
(ii) …SENIOR SERGEANT OF POLICE:
(iii) …SERGEANT OF POLICE:
(iv) …CORPORAL OF POLICE: or
(v) …CONSTABLE OF POLICE/POLICE CONSTABLE:
***
SPECIAL LESSON FOR:
(a) ‘…THE COMMISSIONER OF POLICE:
(b) …THE HIGH COURT JUDGE: and
(c) …THE HIGH COURT REGISTRAR:
***
(i) ‘…NO EXECUTION SHALL BE ISSUED THEREON,’ (recently and unlawfully done to a female Police officer, who was committed to His Majesty’s Prison (HMP): but instead
(ii) …A CERTIFICATE SETTING: out
(a) ‘…FULL PARTICULARS:P and
(b) …THE NATURE OF THE ACTION SUCH JUDGMENT WAS OBTAINED: and
(c) …FORWARDED TO THE COMMISSIONER OF POLICE: by
(d) …THE HIGH COURT REGISTRAR: that
(e) …HE SHALL MAKE ORDER THEREON: as
(f) …TO THE MODE AND MANNER IN WHICH SUCH JUDGMENT SHALL BE SATISFIED: and
(g) …THE COMMISSIONER OF POLICE SHALL:
(h) …CAUSE THE AMOUNT, INCLUDING COSTS: to
(i) …BE DEDUCTED FROM THE SUED POLICE OFFICER’S MONTHLY SALARY: and
(j) …PAY THE DEDUCTIONS: to
(i) ‘…THE HIGH COURT REGISTRAR: or
(ii) …THE MAGISTRATE; (as the case may be).’
***
[Section 80: Police Act: Chapter 330: LAWS OF ANTIGUA AND BARBUDA].
***
WHAT THE HELL…! …RESPECT AND OBEDIENCE TO THE LAW.
***
SUBJECT ONE SELF TO IGNORANCE: ..KNOW IT: …OBEY IT.
***
The Attorney Wendel Alexander is making the police, and the court system looks incompetent. The police need updated training in gathering information and investigating. This attorney is making his former colleagues look ants to walk on in the court.
Good judgement. Citizens need to know their rights too
I remember this case, and I remember commenting on it that it was a violation of the man rights..many commentators came after me, saying I should keep my dumb views to myself. Some were saying, what if this, and what if that? Well those ” what ifs” are after the fact or hindsight, and hindsight is not evidence at hand.
I said this back then, that this is not an arrestable offense, and that it’s a civil ordinance matter, not arrestable. Give the man ticket and move on, especially when it’s a victimless offence at the time.
But oh well.. Antiguan’s will continue to learn.