Pellington, Errington v Sgt. Basil Maitland, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO: C.L. P -- 191 OF 1998

BETWEEN ERRINGTON PELLINGTON CLAIMANT

AND SGT. BASIL MAITLAND 1 DEFENDANT

AND CONS. A. SHAKES ZND DEFENDANT

AND DET. CONS. I'EItCIVAL ANDERSON 3RD DEFENDANT

AND ATTORNEY GENERAL OF JAMAICA dT[.' DEFENDANT

CONSO1,IDATED WITH CLAIM NO: C.L. P-240 OF 1998

BETWEEN GRRINGTON PELLINGTON CLAIMANT

AND COlVS. A. SHAKES lST DEFENDANT

AND DET. CONS. PEFLCIVAL ANDERSON 2ND DEFENDANT

AND ATTORNEY GENERAL OF JAMAICA 3RD DEFENDANT

Mr. B. Sainuels and Ms. Alteela Anderson, instructed by Ihight, Junor, Samuels for the

Claimant.

Ms. Annaleisa Lindsay and Ms. Kalayciii Clarlte instructed by the Di~rectoro f State

Proceediilgs for Defendants.

E-Icard on December 13, 14, and 15, 2000 and March 30, 2007

ANDERSON J.

In this consolidated suit, (C.L.P. 191 of 1998 and C.L.P. 240 of 1998) the Claimant

Errington Pellington claims against the defendants, (Maitland, Shaltes and Anderson)

members of the Jamaica Constabulary Force, for Assault and Battery, False

Imprisonment and Malicious Prosccutio 1. For the purposes of the judgment, I shall refer

to Sgt. Basil Maitland as the First Clefendant, Constable Shaltes as to the Second

Defendant and Detective Constable Percival Anderson as the Third Defendant. Where

necessary, the Attorney General of Jamsica, who is made a party by virtue of the Crown

Proccedings Act, is referred to as the Fourth Defendant.