Barbara Gayle, Staff Reporter
THE SUPREME Court has ordered the Government to pay $5.7 million in damages to an 18-year-old woman who was raped by two policemen and buggered by a third six years ago at the Central police station in Kingston.
Shortly after the victim was fired from her job on December 16, 1993, she went downtown to get transportation to go home to Portland but she had difficulty doing so. She then went to the police station to seek shelter for the night and while there the policemen sexually assaulted her.
The Attorney-General accepted liability and the case was set down for assessment of damages.
Justice Horace Marsh assessed damages and on Friday ordered that the defendants, who were the attorney-general and the policemen who committed the crime, should pay the rape victim, who is now age 23, $5 million in general damages, which includes aggravated damages, and $720,000 for future psychotherapy and medication.
The defendants are to pay interest at six per cent on the $5 million from January 10, 1995 to the date of the award.
In making the award, the judge had to rely on English cases because there was no local precedent to follow as it was the first time that such a suit was brought in a Jamaican court. The plaintiff had sued the defendants to recover damages for assault and battery.
Sergeant George Swire, who buggered her and constables Keith Robinson and Ainsely Rochester, who raped her, were convicted of the offences in May 1994 and were each sentenced to eight years in prison. They are currently serving the prison sentences because their appeal against conviction and sentence was dismissed in 1997.
Attorneys Arlene Harrison-Henry and Charles Campbell, who represented the victim who is epileptic, asked the court to make a substantial award. The judge said he would have made an award for exemplary damages but would not do so since the men were incarcerated. However, the judge said in making the award, he would consider aggravated damages.
Dr. Aggrey Irons testified at the assessment of damages that the victim was suffering from post-traumatic syndrome, which included flashbacks. He said the victim "will never forget the injury for the rest of her life." Dr. Irons suggested that she should be treated for the next five years.
Dr. John Leon (now deceased) had examined the victim shortly after her ordeal and he reported that the victim was suffering from feelings of being "dirty and suicidal."
Attorney Susan Reid-Jones represented the attorney-general.
