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Thomas, Owen v Constable Foster & Attorney General
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
CLAIM NO. CL T 095 OF 1999
BETWEEN
AND
AND
OWEN THOMAS CLAIMANT
CONSTABLE FOSTER FIRST DEFENDANT
ATTORNEY GENERAL
OF JAMAICA SECOND DEFENDANT
Mrs. Sharon Gordon-Townsend for the claimant
Mr. Peter Wilson instructed by the Director of State Proceedings for the defendants
November 9, December 9,20,2005, and January 6,2006
FALSE IMPRISONMENT, ASSAULT AND BATTERY
SYKES J
1. On Augl~st9 , 1997, about 5:00 pm Mr. Owen Thomas, the claimant, was taken to the
Linstead Police Station. He had no injuries of any kind. By 9:00 pm, Mr. Thomas was a
patient at the Linstead Hospital. 'The report from the hospital is clearly inadequate but from
the history presented and their examination, the medical staff thought it prudent to have Mr.
C1 Owen Thomas x rayed. Fortunakly, after his discharge, Mr. Thomas went to Dr. Sandra
Nesbeth who recorded the following injuries:
a. blood shot eyes;
b. severe headache;
c. right eye partially closed, bloody and swollen;
d. the temporo mandibular joint could only open partially and was very painful to
open fully and chew;
e. eye was painful to light (photophobia);
f. right cervical muscle painful - with moderate whip lash;
g. renal angle (kidney area) tender;
h. finger swollen and cannot extend or bend completely.