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The Voice

Farmer loses case against cops
published: Friday | December 3, 2004

By Barbara Gayle, Staff Reporter

A ST. THOMAS farmer has lost his claim in the Supreme Court to recover damages against the government and two policemen for assault and battery.

Locksley Francis, of Leith Hall, St Thomas, had brought the suit against the Attorney-General and Constables Ian Young and Joseph Davis.

Francis claimed that, on March 1, 1999 the two policemen assaulted him while he was attending to his coal kiln at Lyssons beach, St. Thomas. He said that Davis grabbed him by his throat and accused him of stealing his ram goat.

SEVERE BEATING

He said the policemen poked him in his eyes, handcuffed him and gave him a severe beating all over his body. He said a passerby asked the policemen why they were beating him and told them where to find the goat.

When the policemen found the goat, they tied the rope around his waist and he was dragged by the goat to Davis' home.

Davis beat him with a stick and when he was released he reported the matter to the Morant Bay police station. Francis said he was treated at the Princess Margaret Hospital. He submitted a medical report to support his claim.

Cross-examined by attorneys-at-law Katherine Francis and Ayisha Richards from the Attorney-General's Department, Francis said that he stood by the medical report that the incident took place on March 1, 1999.

EVASIVE

The policemen denied beating Francis. They said that the incident took place on January 4, 1999. Davis said that after Francis showed them where the goat was, they decided not to prosecute him.

Mrs. Justice Gloria Smith found that the injuries which Francis claimed he suffered were not supported by the medical report.

The judge found Francis to be very evasive in his evidence under cross-examination.

It was the judge's finding that Francis failed to establish that he was restrained without legal justification and also failed to establish his case.

Judgment was entered in favour of the defendants and Francis was ordered to pay the legal costs of $76,000.

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