Gaynor, John v Cable & Wireless Ja Ltd, Superintendent G.C. Grant,The Attorney General

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE CIVIL DIVISION

SUIT NO. C.L. 20001G-124 I

BETWEEN JOHN GAYNOR CLAIMANT

AND CABLE 8 WIRELESS JAMAICA LIMITED 1 STDEFENDANT

AND SUPERINTENDENT G.C. GRANT 2NDDEFENDANT "

AND THE ATTORNEY GENERAL

Arthur Kitchen and Roderick Gordon for claimant. I

Christopher Kelman instructed by Myers Fletcher & Gordon for 1st defendant ~

Dionne Maylor-Reid and Garfield Haisley instructed by the Director of State Proceedings

for 2nd and 3rd defendants

Heard: July 21,22 and December 1,2005

JONES, J.

[I] His words slowed to suggest painstaking sincerity, John Gaynor once again faced his

accusers. In this case, though, it was not he but his accusers that were on trial. Some

seven years ago, February 8, 1998, he was arrested and charged on an indictment with

larceny of telephones belonging to his employer, Cable & Wireless Jamaica Limited. As a

result of these charges, he was dismissed from liis employment as a cable technician with

the company, and later tried and convicted of the charge before the Resident Magistrate's

Court for the Parish of St Catherine. His conviction was afterwards overturned on appeal.

[2] So it is then, that John Gaynor brought an actionin this court against Cable & Wireless

Jamaica Limited, Sl~perintendentG .C. Grant, and the Attorney General of Jamaica claim