Lawrence (Hyacinth) v Constable Richard Davis and Attorney General for Jamaica

• Jurisdiction: Jamaica
• Judge: ANDERSON J.
• Judgment Date: 30 March 2007
• Judgment citation (vLex): [2007] 3 JJC 3001
• Court: Supreme Court (Jamaica)
• Date: 30 March 2007

IN THE SUPREME COURT OE JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. 1996 L-00103

BETWEEN

HYACINTH LAWRENCE

CLAIMANT

AND

CONSTABLE RICHARD DAVIS

1 ^st DEFENDANT

AND

THE ATTORNEY GENERAL OF JAMAICA

2 ^nd DEFENDANT

NEGLIGENCE - Injury by gun of police officer - Action for negligence

ANDERSON J

1 This most unfortunate incident involving the Claimant, then a Sergeant of Police in the JCF, took place on July 27, 1994, over twelve years ago and, even perhaps more regrettable, is only now coming on for final resolution.

2 According to the Claimant, she was shot by a fellow officer, Constable Richard Davis, the 1 ^st Defendant, on the night of July, 27, 1994, when he discharged his firearm apparently to thwart the violent attack upon the Claimant's person by one Michael Perry, a man later determined to be of unsound mind. The evidence of the Claimant, as contained in her witness statement given in 2006, sets out one set of circumstances. However, in cross examination, Mrs. Lawrence gave a different version of the sequence and indeed, her testimony before this court, conflicted in significant and material particulars from the allegations in a statement made to the police, a mere two months after the incident. In court and under cross examination, she admits that she did not see and does not know, who shot her and her evidence is confused as to whether she was shot while she lay on the floor or while she was running away from her attacker towards the CIB office. The basic rule is that "He who alleges must prove'". The Claimant must prove her case on a balance of probabilities. Has the Claimant established her case on this basis?

3 She was not able to recall many of the items of expenditure which she alleges she incurred as a result of her injury. Jn her original statement, she said she was shot by Constable Christopher Anderson while in her witness statement she says she was shot by Constable Davis. The evidence of the defence witness, Det. Corporal Anderson, who was on duty with Constable Davis that evening, is that three shots were fired. The first by him, Anderson; the second and third were shots, both from Constable firearm, were fired during the course of a struggle between Constable Davis, in the course of which the gun came out of the holster and the third shot hit Sergeant Lawrence.

4 The Claimant says that when she first saw the man later identified as Michael Perry, she was...