Attorney-at-law Hugh Thompson has filed a suit against the Government seeking special damages of $100 million for loss of business opportunity over the last five years.
The suit stems from the unlawful search and seizure of documents and files from his law office in January 2003.Thompson's office in Kingston and those of attorney-at-law Ernest Smith in Kingston and St Ann were searched by the police and files removed.
The police claimed that the search was done under the Mutual Assistance (Criminal Matters) Act. The police said the search was to assist the Canadian government in the case of 57-year-old Canadian national Robert Bidwell who was wanted in connection with drug-related offences. Thompson and Smith were retained to represent Bidwell.
The lawyers filed a motion in the Constitutional Court contending that the search and seizure were unlawful. The motion was dismissed and they appealed the ruling. The Court of Appeal ruled in December 2007 that the search and seizure were unlawful and were in breach of legal professional privilege.
The defendants who are the attorney general, Deputy Super-intendent of Police Karl Plumber and the director of public prosecutions were ordered to return the files.
Thompson, who is being repre-sented by attorney-at-law Bert Samuels of the law firm Knight, Junor and Samuels, is contending that despite the court ruling, the defendants have continued to disobey the order to return his files.
Thompson is seeking damages for trespass, exemplary damages and damages for breach of his constitutional rights. He said in court documents that by reason of the unlawful detention of his files, he has been prevented from carrying on his law practice.
He is seeking $100 million in special damages from January 2003 to December 2008 and damages for additional loss of income until the files have been returned.