Litia Cava 
[Photo Credit: CF]
The Magistrates Court has struck out a civil claim brought by Vinod Kamal against the Commissioner of Police and the Attorney General.
The claim, filed in October 2023, sought $10,000 in general damages along with special, exemplary and punitive damages.
Kamal alleged negligence and breach of fiduciary duty following a 2017 break-in during which his property was stolen.
He argued that the police failed in their duties, causing mental distress and financial loss.
The motion to strike out the claim was filed by the defendants in August last year, arguing that Kamal’s statement of claim disclosed no reasonable cause of action.
The court agreed, noting that police and prosecuting authorities generally do not owe a duty of care to individual citizens in the conduct of investigations or prosecutions.
The ruling cited international cases, including Hill v Chief Constable of West Yorkshire and Elguzouli-Daf v Commissioner of Police, which confirmed immunity for police and prosecuting authorities acting in good faith.
The court also highlighted that statutory provisions relied upon by the plaintiff govern internal police administration and do not create enforceable rights for individuals.
Resident Magistrate Setavana Saumatua concluded that the claim was legally unsustainable and struck it out in its entirety.
No costs were awarded.
The plaintiff retains the right to appeal.
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