A court assessing exemplary damages for malicious prosecution must consider whether and to what extent exemplary damages are necessary in light of the compensatory and aggravated damages already awarded; failure to do so constitutes error. An arresting officer who closes her mind to exculpatory evidence and fails to make obvious inquiries to reconcile significant discrepancies between a suspect's description and eyewitness accounts does not have reasonable grounds for suspicion under s 99(2) of the LEPRA.
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