Russell, Maxwell v Attorney General & Corporal McDonald

THE SUPREME COURT OF JUDICATURE OF JAMAICA

CML DMSION

CLAM NO. 2006 HCV 4024

BETWEEN MAXWELL RUSSELL CLAIMANT

AND

y - - ,

THE ATTORNEY GENERAL

FOR JAMAICA lST DEFENDANT

C:

AND CORPORAL MCDONALD 2ND DEFENDANT

Mr. Charles Campbell for Claimant.

Miss Danielle Archer instructed by the Director of State Proceedings for

the Defendants.

Heard: 6th December 2007 and 18th January 2008.

Mangatal J: .

1. This is a claim by the Claimant for damages for false

imprisonment, malicious prosecution, trespass to the person-assault,

aggravated and exemplary damages. In the Defence dated lSt October

2007, the Defendants admit liability in relation to false imprisonment,

malicious prosecution and assault, but put the Claimant to proof of his

claim with regard to damages.

2. The Claimant describes the relevant events in his witness

statement dated 20a November 2007. On the 18th November 2000 at

about 7: 00 a.m. he was walking along Nelson Street in Buff Bay,

Portland. He stopped and stood outside a supermarket. About five