Shaw, Openiah v The Attorney General for Jamaica

IN THE SUPREME COURT OF JUDICATURE OF JAMACIA

IN CIVIL DIVISION

CLAIM NO. HCV 05443 OF 2005

BETWEEN OPENIAH SHAW CLAIMANT

AND THE ATTORNEY GENERAL FOR DEFENDANT

JAMAICA

Mr. Charles Campbell instructed by Charles R. Campbell & Co. for the Claimant and Mr.

Brian Moody instructed by the Director of State proceeding for the Defendant.

Heard Tuesday June 12 and Wednesday June 13,2007; March 13,2008.

CORAM: ANDERSON: J

In this action Ms. Openiah Shaw, (the "Claimant") an alleged businesswoman of a

Denbigh address in Clarendon, claims damages for assault, battery or trespass to the

person and false imprisonment against the Attorney General of Jamaica for the acts

allegedly committed by certain un-named agents of the State, members of the Jamaica

Constabulary Force. The Attorney General is sued by virtue of the Crown Proceedings

Act.

To the Claimant, July 14, 2003, might have seemed to be proceeding along on

unremarkable course. She left her home early the morning en route to the Norman

Manley International Airport in Kingston. There, she was scheduled to board a flight for

London, England sometime around 4-o-clock where, she alleges, she was to witness the

joyous event of her son's marriage in London. How cou.ld she have known that she was

about to live the age-old adage that "the best made plans of mice and men do sometimes

go awry"? As fate would have it, at about 1:45 in the afternoon of that day, as she

approached the Norman Manley International Airport security check point her luggage,

the Claimant was stopped and questioned by a police officer, later identified as Detective

Corporal Eunice Crooks, one of the witnesses for the Defendant in this case. According

to her evidence, Miss Shaw was accosted by Corporal Crooks who asked her for her