Bermuda Police Service has failed in a bid to stop a doctor from pursuing a civil lawsuit for unlawful arrest after an early-morning raid on his home.

Mahesh Reddy, chief medical officer at a clinic owned by former Premier Ewart Brown, launched the proceedings against the police in July, under the name Mahesh Sannapareddy, seeking a judicial review and damages for trespassing and unlawful arrest in relation to the raid.

The BPS sought to have the permission granted to Dr Reddy to seek judicial review struck out or set aside at a hearing before the Chief Justice on Tuesday. The police applications failed and costs were awarded to Dr Reddy, who can now continue with his lawsuit.

Dr Reddy was represented in court by top British QC Lord Peter Goldsmith, a former Attorney-General of England, Wales and Northern Ireland, and lawyer Delroy Duncan.

Mr Duncan told The Royal Gazette that they successfully argued for the two applications made by the police to be dismissed.

The first application was to set aside leave to seek judicial review granted in favour of Dr Reddy in August.

“Dr Reddy was granted leave to seek judicial review to quash the decision of the Commissioner of Police to search his home without warrant and arrest him,” Mr Duncan said.

He said police claimed in their second application — which was to strike out the grant of leave to seek judicial review — that Dr Reddy’s application to quash the Commissioner’s decision to search his home and arrest him was “vexatious, an abuse of process and should be stayed pending the ongoing criminal investigation”.

This newspaper was not in court for yesterday’s hearing and has requested the full written judgment from the Supreme Court, once it is available.

Dr Reddy was arrested in May by detectives understood to be investigating allegations that he ordered MRI and CT scans to be carried out at Bermuda Healthcare Services for his patients when they did not need them and then billed insurance companies for the procedures.

His arrest prompted Dr Brown to hold a press conference at which the former Progressive Labour Party leader claimed the investigation into Dr Reddy was “an extension of the witch-hunt that has followed me for years”.

Dr Brown claimed a five-year police inquiry into his activities aimed at uncovering “bribery and political corruption” was now targeting his business but insisted Dr Reddy would be vindicated.

BPS has never commented on the reason for Dr Reddy’s arrest, other than to say it was “in connection with an ongoing financial investigation”.

Asked to comment on yesterday’s hearing, a police spokesman said: “It is not appropriate for the BPS to comment at this time, as the matter is not yet concluded and a further hearing is anticipated.”

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