Edwards (Carlton) v Constable Ricketts, Constable Daley, Constable Gayle and Attorney General of Jamaica

• Jurisdiction: Jamaica
• Judge: SYKES J.
• Judgment Date: 10 October 2007
• Judgment citation (vLex): [2007] 10 JJC 1002
• Court: Supreme Court (Jamaica)
• Date: 10 October 2007

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 146 HCV 2004

BETWEEN

CARLTON EDWARDS

CLAIMANT

AND

CONSTABLE RICKETTS

FIRST DEFENDANT

AND

CONSTABLE DALEY

SECOND DEFENDANT

AND

CONSTABLE GAYLE

THIRD DEFENDANT

AND

THE ATTORNEY GENERAL OF JAMAICA

FOURTH DEFENDANT

IN CHAMBERS

Akilah Anderson instructed by Knight Junor and Samuels for the claimant

Brian Moodie instructed by the Director of State Proceedings for all the defendants

FATAL ACCIDENTS - Claim outside of limitation period - Application to striek out

SYKES J

1 1 . During a police operation on January 20, 1998, in Seaview Gardens, Mr. Andre Edwards was shot and killed. It is common ground that he was shot by the police. I am not making any judgment about the circumstances of the shooting. A cause of action immediately arose upon the death of Mr. Edwards provided of course that those who would be bringing the claim were able to prove that the police acted wrongfully.

2 2 . The person who took up the challenge to prove the wrongful death of Mr. Edwards was his father, Mr. Carlton Edwards. The claim was eventually filed on January 20, 2004, six years after the cause of action accrued.

3 3 . I now relate the history of the matter after the filing of the claim. The Attorney General applied for and was granted permission to file its defence out of time. The Master granted permission on September 22, 2005. The claimant filed an amended particulars of claim on September 23, 2005. On July 11, 2006, the Attorney General applied for and was granted permission to file his defence out time having failed to do so within the time granted on the first such application heard by the Master.

4 4 . The matter was set for case management conference on April 19, 2007. The case management conference took place as scheduled. At that conference, the Attorney General raised the issue of the claim under the Fatal Accidents Act being statute barred. Her Ladyship Justice Beswick was quite benevolent and rather than striking out the matter as she could have done under the law, facilitated the claimant by setting the issue of the limitation in respect of the claim under the Fatal Accidents Act to be dealt with at the pre-trial review which was set for October 10, 2007.

5 5 . It is common ground that counsel for the Attorney General, acted quite properly by reminding his opponent that he still intended to take the limitation...