Barbara Gayle, Staff ReporterTHE SUPREME Court has ordered the government to pay $3 million, which includes exemplary damages for the 'oppressive and unconstitutional' conduct which a policeman displayed when he shot and injured 36-year-old electrician Esrick Morgan seven years ago.
Justice Roy Jones made the order yesterday when he assessed damages.
Morgan had sued the attorney-general, along with Special Constable Michael Smith. The attorney-general, however, accepted liability and the case was sent for an assessment of damages.
On December 1, 1996, Morgan was standing at a bus stop in Linstead, St. Catherine, when Special Constable Smith fired several shots, two of which hit him in his thighs. Smith took Morgan to the Spanish Town Hospital where he handcuffed him to a bed and charged him with assault. Morgan spent two weeks in hospital and was placed under police guard.
DAMAGES FOR NEGLIGENCE
In the suit which was filed by the law firm K. Churchill Neita and Co., Morgan sought damages for negligence. He said the policeman maliciously, deliberately and without reasonable and probable cause, unlawfully discharged his firearm hitting him several times.
When he was discharged from the hospital, he was taken
to court. He attended court
several times but the policeman
never attended. The case was adjourned sine die (without a date being set).
The medical evidence was that Morgan is now suffering form erectile dysfunction which has affected his marriage. He also suffers from post traumatic stress disorder.
The award included damages for pain and suffering, handicap on the labour market and post traumatic stress disorder. Interest at six per cent per annum was awarded from the time the suit was filed in 2002 to the date of payment of
the award. Morgan was also
awarded special damages of $106,000.
