Barbara Gayle, Staff Reporter
A MAN who was the victim of a policeman's bullet left the courtroom empty-handed last week Friday when the Court of Appeal overturned a Supreme Court award of $2. 2 million.
In setting aside the award, the court called on the Government to institute some measure of reform aimed at assisting the many innocent victims "of the barbarous conduct of some agents of the state."
The court said every effort ought to be made by the state to effect an ex gratia payment of a reasonable sum to the victim.
Clinton Bernard, a 33-year-old lithographic printer, is the victim. He was shot and seriously injured by Special Constable Paul Morgan at a public telephone booth at the Central Sorting Office, South Camp Road, Kingston 5 on February 11, 1990.
Bernard had gone with his parents to the telephone booth to make a call. They reached there at about 9 p.m. and about 15 people were standing in line to use the phone. Bernard joined the line and awaited his turn. He said that as soon as he took the telephone and dialled the number "out of the blue, out of nowhere, a man came up and said, police," and demanded the use of the telephone. Bernard protested claiming that had it been a bank, the policeman would have to join the line. He was greeted with the response, "Boy me nah join no line, give me the phone." Bernard refused the order and the policeman slapped him on his hand and shoved him. The policeman took two steps backwards, pulled a gun from under his shirt and shot Bernard.
He lost consciousness and when he woke up he found himself at the Kingston Public Hospital surrounded by uniformed policemen. A policeman arrested him for assault and handcuffed him to his hospital bed. He said he spent one month in hospital.
Bernard who was shot in the head now suffers from epileptic seizures. He says he will never be able to work again.
He sued the Attorney-General and Special Constable Morgan to recover damages for assault, malicious prosecution and false imprisonment. Special Constable Morgan did not attend the trial in the Supreme Court. The court was told that Morgan was fired from the police force on March 17, 1990 for being absent from work for more than 48 hours. Morgan has since left the island.
Justice McCalla, after hearing evidence in the case, awarded Bernard $2.2 million in damages.
The Attorney-General appealed the ruling and the Court of Appeal comprising Justice Donald Bingham, Justice Clarence Walker and Justice Seymour Panton heard the appeal and ruled in favour of the Attorney-General.
In allowing the appeal the court said that Special Constable Morgan was in possession of a service revolver issued to him by his superior which could be regarded as authorising him to be at large in carrying out his sworn duty to uphold the law. "By his unlawful action in shooting and injuring the respondent (Bernard), the Constable could not be seen as acting in the lawful execution of his duty. His conduct was of such a nature as fell outside the class of acts authorised by Section 13 of the Constabulary Force Act, and did not render the state as his employer vicariously liable to the respondent."
The court ruled that having regard to the circumstances of the case it would make no order as to costs.
