Emanuel, Michael v Attorney General for Jamaica

• Jurisdiction: Jamaica
• Court: Supreme Court (Jamaica)
• Judge: D. McIntosh J.
• Judgment Date: 24 October 2003
• Judgment citation (vLex): [2003] 10 JJC 2401
• Docket Number: SUIT NO. C.L. 2001/E 025
• Date: 24 October 2003

BETWEEN

MICHAEL EMANUEL

PLAINTIFF

AND

THE ATTORNEY GENERAL FOR JAMAICA

DEFENDANT

SUIT NO. C.L. 2001/E 025

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

TORT - Assault and battery - Trespass - Malicious destruction of property - Damages claimed - Contradictory evidence - Issue of credibility

D. McIntosh J.

1 PLAINTIFF'S CASE

2 The Plaintiff's case is that on the 20 ^th April, 1999; he lived at 17 Hampton Green in Spanish Town. He then worked as the manager at Agnes Snack, a 24-hours a day, cook shop, situated at 17 William Street also in Spanish Town. He was also a self-employed salesman who sold Wrigleys, banana chips, cigarettes and other little items in the Spanish Town area.

3 Angies Snack is owned by Enrodd Pitt who paid the Plaintiff $20,000 per month cash for his duties as manager. From his sales around Spanish Town, Plaintiff earned about $15,000 to $20,000 per month, also in cash. He paid no taxes. He presently works at the First Union Financial Company as a Bailiff and a Valuator and resides in Mandeville.

4 About 10:00 p.m. on the night of the 20 ^th April, 1999 while Plaintiff was at Angies Snack, at work, sitting on a chair, outside at the front of the premises on a paved area, he saw a group of about 9 policemen on the left side of William Street coming from the direction of Cumberland Road.

5 When they reached Angies Snacks, they began to beat from left to right. The police party was led from the front by Superintendent Renato Adams.

6 They entered onto the paved area to the front of Angies Snack. There were customers at this section as also inside the shop. The police began to beat all the customers, calling them thieves (using expletives). Some of the customers ran inside. Plaintiff was still sitting there. A customer, who was inside having his meal, was beaten, so he ran.

7 Plaintiff identified himself to Mr. Adams who accused him of being an instigator and a harbourer of criminals and he was told to lock up the place. Plaintiff endeavoured to comply. He ordered Enroy Pitt to take up the chairs, which were in front, and he (Plaintiff) went inside and held onto the shutters to close the business place.

8 While holding onto the shutters Plaintiff tried to explain to Mr. Adams that the place was a legitimate business place where thieves and criminals were not harboured. He was kicked twice in the side by Mr. Adams. As a consequence the shutters came down and the business place was closed.

9 All the police outside then began to beat down the place telling those inside to open up. He and Enrodd Pitt both lifted up the shutters. Mr. Adams held onto his shirt saying he had too much mouth. He held onto the collar of Plaintiff's blue tee shirt, draped it, and tore it off, as also his merino. These he valued at $400.00.

10 A corporal of police held unto Plaintiff's neck and used his baton several times to stab him in his neck.

11 Plaintiff felt a lot of pain from the kicks to his side and the baton stabs to his neck. His neck was swollen and he could not sleep because of the pain and the remembrance of the incident. This pain was felt for about one week. He remembers and feels the pains to this day as if it's a nightmare.

12 He got a month's leave from work, without pay and did none of his selling of cigarettes, Wrigleys and such items. As a result of his injuries his doctor sent him to do an X-ray. He went to the doctor on the 22 ^nd April, 1999. Between the 20 ^th and 22 ^nd April 1999 he did not go to the hospital or a doctor. He remembers the doctor as Doctor Chin. He thinks he paid him $1,000 and got a receipt.

13 On the 8 ^th June, 1999 he did the X-ray. The result of which he took to Dr. Chin, who told him that the X-rays did not reveal any thing wrong with him. He saw Dr. Chin twice in relation to his injuries. This was on the 20 ^th April, 1999 and the 8 ^th June, 1999.

14 Plaintiff did not return to work at Angies. Each time he went there he was mocked and jeered so he could not stay there, as he was scared and embarrassed. He had to migrate to Manchester. It cost him $8,000, which he paid a friend to move him.

15 After the incident at the shop on the 20 ^th April, 1999, Plaintiff walked home without shoes. On the 26 ^th April, 1999 he went to Police Complaints Department to lodge a complaint against Renato Adams and the police about the assault. He had first gone to the Spanish Town Police Station to do so but they refused to take a statement and advised him to go to the Complaints Department. Later same day he did so.

16 On the basic issues that incident took place at night, that plaintiff was kicked by Mr. Adams and hit in the neck by another police officer, witness Enrodd Pitt corroborated plaintiff's evidence.

17 DEFENDANT'S CASE

18 The Defendant through its sole witness, Snr. Superintendent Renato Adams contradicted the Plaintiff's case.

19 He gave evidence that he led a party of police to premises at 17 William Street on the 20 ^th April, 1999 at about 5:00 p.m. He was armed with a search warrant to search for drugs.

20 At premises they attempted to enter shop. Plaintiff was seen pulling down a shutter to the...