Dennis (Aston) v Attorney General of Jamaica and Sergeant Mantle McBean

• Jurisdiction: Jamaica
• Judgment Date: 18 January 2006
• Judgment citation (vLex): [2006] 1 JJC 3002
• Date: 18 January 2006
• Docket Number: CLAIM NO. 2003 HCV 1823
• Court: Supreme Court (Jamaica)

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIL DIVISION

CLAIM NO. 2003 HCV 1823

BETWEEN

ASTON DENNIS

CLAIMANT

AND

THE ATTORNEY GENERAL OF JAMAICA

l ^ST DEFENDANT

AND

SERGEANT MANTLE McBEAN

2 ^ND DEFENDANT

DAMAGES - Assessment of damages - Assault

1 In recent years there has been a proliferation of the number of persons operating illegal taxis along our island's roadways. The Transport Authority which has supervision of the transportation sector has deployed inspectors in an attempt to stem the spread of this illegal activity. In carrying out their mandate there have been instances of confrontation between these inspectors and drivers of motor vehicles. The claim by Mr. Aston Dennis in this case has its genesis in one such confrontation.

2 Mr. Dennis claims that on July 4, 2001, the Transport Authority inspectors wrongly accused him of operating an illegal taxi in Ocho Rios, Saint Ann. He says that he denied the accusation and that he and they went to the Ocho Rios Police Station where he sought to have the matter resolved. He alleges that instead of the police providing him with reassurance and protection, he was handcuffed and beaten by one of the officers at the station, whom he names as Special Sergeant McBean. This was after he refused to deliver up the keys to his vehicle to that officer. That beating, he says, was inflicted with a baton and caused him to sustain injury. He now seeks damages in compensation for that assault.

3 The defendants refute Mr. Dennis' account of the events. They allege that Mr. Dennis, although accepting that he had committed a breach, refused to deliver up the keys to his vehicle in order for it to be impounded. They say that he was persuaded to attend, with the inspectors, at the police station and he did so. At the station however he still refused to deliver up the keys to the vehicle and behaved in a boisterous and aggressive, if not obnoxious manner. The police officer accused, who has since retired, says that his rank then, was that of corporal. I will refer to him as Officer McBean. Officer McBean stated that because of Mr. Dennis' abusive behaviour he placed him in the holding area of the station. The holding area, it proved, was in fact a cell. Officer McBean also testified that persons are not allowed to be placed in the holding area with keys, a gun, or fingernail clip. He says that he saw Mr. Dennis with the keys and asked him to deliver them up for compliance with those restrictions but that Mr. Dennis refused. He says he took the keys from Mr. Dennis but denied hitting him, placing handcuffs on him or injuring him.

4 It is therefore for the court to decide, firstly, what, if any injury did Mr. Dennis sustain at the police station, secondly in what circumstances he did so, and thirdly whether it was justifiable in those circumstances.

5 WHAT, IF ANY INJURY WAS SUSTAINED?

6 Mr. Dennis, in his witness statement, stated that he was hit on the chest, shoulders, side, belly and hand with the baton. As a result of the incident he said that his clothes were torn and his hand and fingers were swollen. The statement also contained the following paragraphs:

• "17. After the incident my face and ears were hurting me from the two (2) blows when I was boxed. I also had severe pain in my side, chest and belly bottom. These areas were tender, swollen and there was some bruising to my chest. There was also great pain in my waistline and back. I received these injuries from Sergeant McBean when he beat me with the baton and kicked me to the ground. I was unable to walk properly for several days.

• 18. My right hand and fingers became black and blue after I left the station. The right hand was numb, and the right ring finger would not move and had burning pain."

7 Mr. Dennis went on to say that he made a complaint to a Sgt. Watson at the same police station. Sgt. Watson first scolded Officer McBean and then gave Mr. Dennis a letter to seek medical treatment at the Saint Ann's Bay Hospital. After leaving the police station Mr. Dennis went to the office of the Superintendent of Police in Saint Ann's Bay and there lodged a complaint. He also went to the Saint Ann's Bay Hospital but was not treated there. He however spoke to a Dr. McDowell who was the doctor on duty at the hospital at the time, and in the afternoon of that day attended at the doctor's private surgery. He was treated at about 8:00 p.m.

8 This area of the evidence provoked much comment by Mr. Moodie who appeared for the Defendants. The reason for the comments is that Dr. McDowell's report (dated April 5, 2005) on Mr. Dennis's injury and treatment, included, the following statements:

"HISTORY

A police (sic) allegedly beat this patient on July 4, 2001. He suffered injuries to his right ring finger. When seen he was experiencing pain, swelling and loss of function in the digit. There was no associated deformity in the finger.

There was no report of injury to any other organ system. There was nothing else of significance in the remainder of the history.

EXAMINATION

...His significant clinical findings were confined to his right ring finger....

MANAGEMENT

The finger was splinted...The patient was given a two-week appointment for review.

The patient was seen on two subsequent visits...On his final visit the fracture was healed and the patient fully rehabilitated."

9 In cross-examination Mr. Dennis confirmed the reason for the doctor's restrictive findings. He testified as follows:

"I told Dr. McDowell that I got beaten.

When I went there I just show him my hand and tell him I got beaten."

10 The distinction between the doctor's findings and Mr. Dennis's witness statement in respect of the injuries is striking. Based on those areas of conflicting evidence Mr. Moodie suggested to him and Mr. Dennis denied, that Mr. Dennis:

• a. had no other injuries apart from that to his hand;

• b. was not...