THE Full Court has dismissed an appeal filed by former Police Constable Kelon Gilbert, after determining the case lacked evidence.

The appeal was against the decision made by High Court Judge, Damone Younge, who dismissed Gilbert’s lawsuit against Harry Gill, who serves as an adviser to a government minister.
The grounds for dismissal included the lawsuit’s failure to provide reasonable grounds for the claim and its lack of legal viability.

In his lawsuit, Gilbert sought damages exceeding $5 million, alleging that Gill intentionally caused him emotional distress while he was on duty at his assigned station on April 21, 2022
The incident leading to the lawsuit originated from a video posted on social media, which showed Gilbert, then a Police Constable, sleeping with a high-powered weapon on his lap during his supposed duty of guarding the residence of Gill.

Gilbert, who was represented by lawyer Eusi Anderson, had initially demanded a public apology and compensation from Gill, but when these demands were not met he proceeded with the lawsuit.

During the trial, Gill’s attorneys, Sanjeev Datadin, Donavon Rangiah, and Tiffini Barton, argued that Gilbert’s claims did not provide a valid basis for legal remedies and relief.

They further contended that the lawsuit was an abuse of the court’s process, as Gilbert should not benefit from his own wrongful actions or the consequences.

Trial Judge Damone Younge ruled in favour of Gill, dismissing Gilbert’s claim and awarding costs of $100,000 to Gill. Gilbert subsequently appealed this ruling to the Full Court.

On Monday, June 5, 2023, Justices Nareshwar Harnanan and Sandil Kissoon of the Full Court agreed with Gill’s lawyers, stating that Gilbert had failed to present any supporting evidence for the appeal. The appeal was based on similar facts to the initial High Court action.

Consequently, the Full Court dismissed the appeal and ordered Gilbert to pay costs of $250,000 to Gill. This upholds the ruling made by Justice Younge.