7/24/2023
START DATE
END DATE
6-Oct-23
Zarah Harper v. The Commissioner of the Bermuda Police Service
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION
Hon. Chief Justice Narinder K. Hargun
Mr. Jerome Lynch KC (Trott and Duncan)
Mr. Brian Myrie (Attorney General?s Chambers)
FACTS OF THE CASE:
Zarah Harper, a businesswoman and owner of Vibe 103 radio station, was arrested at her home on 12 October 2020 as part of a police investigation into an event held at Blu Restaurant during COVID-19 restrictions. Harper challenged the legality of her arrest, the search of her home, and a related search warrant issued for her business premises (Vibe 103). She claimed the arrest was unlawful, as no warrant was issued, and police failed to justify their actions under the Police and Criminal Evidence Act 2006 (PACEA). The court reviewed the procedural irregularities in obtaining the warrant and the lack of justification for the summary arrest.
SUMMARY:
(1) Was the arrest without a warrant lawful? (2) Did the police have proper authority for the search of Harper?s home and business? (3) Should Harper be compensated for unlawful detention and breach of privacy?
OUTCOMES:
Judicial review granted; arrest and search declared unlawful; search warrant quashed; Harper entitled to claim damages.
RULED IN FAVOUR OF:
Zarah Harper (Plaintiff).
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Zarah Harper v. The Commissioner of the Bermuda Police Service
Zarah Harper, a businesswoman and owner of Vibe 103 radio station, was arrested at her home on 12 October 2020 as part of a police investigation into an event held at Blu Restaurant during COVID-19 restrictions. Harper challenged the legality of her arrest, the search of her home, and a related search warrant issued for her business premises (Vibe 103). She claimed the arrest was unlawful, as no warrant was issued, and police failed to justify their actions under the Police and Criminal Evidence Act 2006 (PACEA). The court reviewed the procedural irregularities in obtaining the warrant and the lack of justification for the summary arrest.