Negligence - Whether the defendants should be held responsible for the physical injury sustained to the claimant by a person who he had no control over - Whether the defendants could rely on the exclusion clause to exempt themselves from liability - Whether the security guard was negligent in failing to prevent the attack on the claimant - Whether the defendants were liable for the dog bites.
Constitutional law – Right to fair trial within a reasonable time – Period before charge 27 years – Period after charge 7 years – Incest – Indecent Assault – Whether delay breached right to hearing within a reasonable time – Whether right to fair hearing breached or is likely to be breached – Whether stay of proceedings the appropriate relief – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act – Section 16.
IN THE SUPREME COURT OF JUDICATWRE OF JAMAICA
IN COMMON LAW
SUIT NO. C.L. 2000L087
BETWEEN SHARON LAING PLAINTIFF
AND JUSTINE OGILVIE FIRST DEFENDANT
AND HOWARD MCLEAN SECOND DEFENDANT
AND DANIEL FRANCIS THIRD DEFENDANT
AND WINSTON DALEY FOURTH DEFENDANT
Plaintiff represented by Marian Rose-Green Attorney-at-Law
The defendants were not represented.
Heard on the June 20" and Seatember 29th 2002.
ORAL JUDGEMENT
C; Brown J. (Acting)
On the 4'h August 1999 the plaintiff was a passenger in the first