Daley, Myrtle, The Administrator General v The Attorney General, Special Constable Urcel Bundy

JUDGMENT

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO.C.L.D.0440F 1999

BETWEEN MYRTLE DALEY 1'' CLAIMANT

(Near Relation of CLEVE SCOTT-deceased)

AND THE ADMINISTRATOR GENERAL 2nd CLAIMANT

AND THE ATTORNEY GENERAL lSTD EFENDANT

AND SPECIAL CONSTABLE URCEL BUNDY 2nd DEFENDANT C)

Miss Gillian Mullings, instructed by Patrick Bailey and Co. for the Claimants.

Mr. Curtis Cochrane , instructed by the Director of State Proceedings,

for the Defendants.

Heard-25 and 27 October 2004, and January 25 2005 \

MANGATAL J :

1. This is a claim brought by Myrtle Daley, mother of the deceased Cleve

Scott, as a near relation of the deceased under the Fatal Accidents' Act on behalf

of the dependants of the deceased.

2. The claim is also brought by the Administrator General under the Law

Reform( Miscellaneous Provisions) Act on behalf of the deceased's estate.

3. On the 1 lth of April 1996 Cleve Scott was shot and injured by the Second

Defendant Constable Urcel Bundy whilst on the campus of the University of the

West Indies "the University". Cleve Scott later succumbed to his injuries and died

at the University Hospital of the West Indies.