An independent exercise of police discretion in deciding to prosecute does not shield a complainant from liability for malicious prosecution where the decision-making process was materially tainted by false evidence or misleading conduct (including material non-disclosure) on the part of the complainant. The test for reasonable and probable cause requires belief that a charge is warranted based on material sufficient to support such belief in the mind of a person of ordinary prudence, and a prosecutor is required to consider available defences. In multi-defendant malicious prosecution claims, allegations against each defendant must be specified in separate paragraphs identifying the acts of each and any agency relationship.
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