Lawrence, Hyacinth v Constable Richard Davis, Attorney General

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO.. C.1,. 1996 I,-00103 I

BETWEEN  HYACINTH LAWERENCE  CLAIMANT

AND  CONSTABLE RICHARD DAVIS 1ST DEFENDANT

AND THE ATTORNEY GENERAL OF JAMAICA 2ND DEFENDANT

Ms. Stephanie 0rr and Ms. S. Wolfk instructed by Crafton S. Miller & Co for the

Claimant;

Mrs. Atnina Mal<rioon and Mrs. Trudli-Ann Dixon Frith instructed by tlie Director of

State Proceedings for the Defendants

I-Ieard on March 7 and 30, 2007

ANIIERSON ,J.

This most unfortunate incident involbing the Claimant, then a Sergeant of Police in

the JCF, tool< place on July 27, 1994, over twelve years ago and, even perhaps Inore

regrettable, is only now coniing on for final resolution.

According to the Claimant, she was shot by a fellow officer, Constable Richard Davis,

the 1" 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 Inan later deterniined to be of'unsound mind. The evidence of the Claimant,

as contained in 11er witness statement given in 2006, sets out one set of cil-cumstanccs.

IIowever, in cross examination, Mrs. Lawrence gave a different version of the

sequence and indeed, her testiliiony t~efore this court, conflicted in significant and

niaterial particulars from the allegations in a stateliient made to the police, a niere two

nionths after the incident. In court ant1 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 fro111

her attacker towards the CJB office. The basic rule is that "I-Ie who alleges must