Maitland Gregory and Others v Attorney General
| Jurisdiction | Jamaica |
| Judge | THOMPSON-JAMES, J |
| Judgment Date | 28 September 2011 |
| Judgment citation (vLex) | [2009] 9 JJC 2802 |
| Date | 28 September 2011 |
| Court | Supreme Court (Jamaica) |
| Docket Number | CLAIM NO 2005 HCV 00171 |
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CLAIM NO 2005 HCV 00171
CLAIM NO. 2005 HCV 00172
CLAIM NO. 2005 HCV 00173
Mr. Debayo Adedipe for the Claimant
Miss Marlene Chisholm and Miss Tova Hamilton instructed by the Director of State Proceedings for the Defendant
Actions consolidated by virtue of an Order of the Master made November 3, 2005 Assault-Vicarious Liability- Damages
Introduction
These consolidated actions are brought by Maitland Gregory, Kemisha Gregory and Anthony Gregory who are siblings. On August 21, 2004 whilst travelling along Williams Avenue, May Pen, Clarendon in a motor car driven by their brother Henroy Gregory, the three Claimants suffered injuries in a shooting incident involving the police.
Arising from this incident they seek damages against the Attorney General including exemplary damages.
On the Defendant's side a case of self-defence, policemen who alleged that a vehicle was driving dangerously. They sought to intercept the vehicle and were fired on by the occupants of the vehicle and had returned the fire resulting in the injuries to the three siblings.
The Claim
The claims filed by the three (3) Claimants are similar in nature, that the Claimants claim against the Attorney General of Jamaica that on August 21, 2004 in the parish of Clarendon members of the Constabulary Force to wit: Detective Constable Everton Young, Cpl. Donovan Grant, Constable Barrington Gordon, Constable Benjamin Leach, Detective Constable Wayne Hunt who were at all material times servants or agents of the crown and acting as such wrongfully, deliberately and or recklessly and or negligently and without reasonable or probable cause opened gunfire at the motor car in which the Claimants were travelling and at the Claimants causing them injuries, damages, loss and expenses.
In acting as they did, the said policemen acted in an arbitrary and unconstitutional, manner with total disregard for the lives or safety of the Claimants.
The Claimants claim damages on the footing of exemplary damages.
The Defence
In essence, the Defendant whilst admitting that the Claimants were shot and injured, denied that Maitland Gregory was shot in the back. It is not admitted that Kemisha was shot in her buttocks and fired on whilst she was on the ground.
The Defendant is not admitting that Anthony Gregory was shot in the back of the legs and shots were fired at him whilst he was on the ground.
The Defendant further states that the Ford Escort was overtaken and blocked by one of the motor cars driven by the policemen whilst the other motor car stopped alongside. Further the policemen observed that the white station wagon and the Ford Escort were driving in a reckless and dangerous manner. A portable blue flashing light was placed on the roof of the lead vehicle. The driver of the two cars disobeyed the police order to pull over and only stopped when their paths were blocked.
The Ford Escort began to reverse and explosions were heard and flashes of light were seen coming from it. The police officers in fear for their lives returned the said fire towards the Ford Escort at which time several persons jumped from the vehicle and ran in different directions. A chrome .38 revolver with three live rounds and 3 spent shells were recovered and the Claimants found nearby suffering from gun shot wounds.
The Claimants” Account
In-brief the Claimant Maitland Gregory testifies that along with his brothers Henroy and Anthony, his sister Kemisha and a friend Maragh, he travelled in Henroy's Ford Escort motor car from Manchester to Springfield Clarendon to visit relatives.
On the return journey they stopped in May Pen, a dance was in progress in the vicinity of the bus park. On leaving May Pen, a friend, Guy, offered to guide them from the bus park to the highway.
Proceeding along Williams Avenue their vehicles were overtaken by two cars. Men in the cars whom he later discovered to be members of the Jamaica Constabulary Force opened fire at them. Henroy started to reverse the motor car. It came to a halt against an embankment. He came out of the middle of the back seat of the motor car where he was sitting and started to run in the direction from which they were coming and away from the police. The policemen continued firing at them. He was shot in the back and fell to the ground.
Along with Anthony and Kemisha he was taken to hospital where he under went surgery and remained there for a week. None of them in the car was armed and no shots were fired from the motor car in which he was travelling.
In cross-examination he testifies that he spent close to midnight at Springfield. It was the first time he was visiting relatives in Springfield. They had nothing to drink at the relatives in Springfield.
At Crossroads they were joined by Guy and his girlfriend.
At May Pen they remained outside of the dance and had nothing to drink. On leaving May Pen Kemisha sat in the front of the car and Maragh at the back of the car. He was in the middle back of the car.
Guy was not driving slowly. Henroy was not driving fast he was keeping up with the speed at which Guy was travelling.
The car that overtook the Ford Escort overtook Guy's car. The first time he noticed that the car had overtaken the car that he was in was when he heard ‘bare shots coming from the car’. He heard no horns blaring. He saw no blue flashing light. It was an unmarked car.
Shots were fired only at the car that he was in. He got shot when he came out of the vehicle. He got the shot to his back. He was trying to come out of the car with his back to the windshield. When he came to a stop the police were still firing, no shots were fired from the Ford Escort.
The police did not start firing after shots were fired from the Ford Escort. The policemen were not wearing plain clothes with vest marked police. It was the Saturday morning that he realized that they were policemen.
The police found no gun beside him.
Kemisha Gregory testimony is in essence similar to that of her brothers Maitland and Anthony.
In brief she testifies that at the time she was 15 years old. She travelled with her siblings and Maragh to Springfield. On their way back home they stopped at a dance in May Pen. On leaving the dance they were piloted by Guy. Proceeding along Williams Avenue, May Pen, the car in which they were travelling was overtaken by two motor cars which blocked their path. Men in the said motor cars fired at the car. Her brother, Henroy who was the driver of their car started to reverse in a bid to escape the gunfire but came to a halt against the embankment.
She came out of the front passenger seat where she was seated and ran in the direction from which they were coming and away from the fire. The policemen continued firing at them. She was shot in the buttocks. She fell to the ground and even as she lay on the ground shots were being fired in her direction.
In cross-examination she testifies that at her relatives” home she had nothing to drink. Guy's car was not travelling fast after they left May Pen. The cars were about 15 – 20 feet apart.
The shots came from behind her car and no one shouted. She can't recall anyone shouting ‘police’. Police did not tell them to pull over. She did not observe flashing lights on any of the cars. Shots were only fired at the car that she was in.
She denied that Guy's car was driving fast that night and states that it is not true that the police fired after shots were fired from the Ford Escort. No shots were fired from the Ford Escort that night.
She fell to the ground facing the back of the car that she was in. Maragh was not shot.
Anthony Gregory's evidence-in-chief is along the same lines as that of his siblings Maitland and Kemisha. The incident took place whilst he was visiting from the United States of America.
At the time of the shooting he was seated in the back seat of the Ford Escort and was shot in his head whilst still in the car. As his siblings did, he ran away from the direction of the policemen who were firing at him, back to the direction from which he was coming. The policemen continued firing. He was shot in the leg and fell to the ground. Whilst on the ground shots were still being fired in his direction. He was later taken to the hospital.
In cross-examination he testifies that he had been living in Florida since 1996. They arrived in Springfield about 11:30p.m. to 12 midnight. They took a new route. He cannot recall if any of them had anything to drink at the bar at Crossroads. That is after he left his Springfield relatives.
He had nothing to drink at the dance in May Pen. He cannot recall if the others had. It took about 20 minutes from the dance to Williams Avenue. Henroy was driving at about 45mph. He observed no vehicle travelling in the opposite direction. He heard no horns sounding behind him and saw no flashing light. He was not aware of the police or any car speeding behind him.
The vehicle that he was travelling in was fired at. The vehicle that Guy was travelling in was not. At that time he was not aware that it was the police who were firing the shots.
The Ford Escort went back about 5 – 6 feet. It did not really reverse. When it came to a stop they were still firing at it.
Men were not wearing vest marked police that night.
He was shot at three times that night. The police shot him when they found him. He was charged with illegal possession of firearm and ammunition as well as shooting with intent. He was acquitted.
...
To continue reading
Request your trial