Barbara Gayle, Staff Reporter

The Court of Appeal has criticised the soldiers and police who severely beat Derrick Pinnock, 31-year-old mechanic of Gutters, St. Catherine, leaving him with limited vision in the right eye.

"The evidence smacks of arbitrary, oppressive and unconstitutional action and an award of exemplary damages is appropriate," the court said when it ruled that it would not disturb the $1.5 million in general damages which the Government was ordered to pay.

The Attorney-General, who was the defendant in the suit, had appealed seeking to have the award reduced by 50 per cent.

Punched in right eye

Pinnock, who was represented by attorney-at-law Barry Frankson, was beaten at his gate on December 18, 1997 after he told police and soldiers that he did not know anything about a gun. He was punched in the right eye, falsely arrested and taken to the Old Harbour Police Station where he was locked up for several hours.

Justice Donald McIntosh, in assessing damages, had awarded Pinnock $500,000 for exemplary and aggravated damages, but the court said that Pinnock had claimed aggravated damages as an alternative to the claim for exemplary damages. The award was reduced to $200,000 for exemplary damages.

One of the grounds of appeal was that there was no evidence to substantiate a finding by the trial judge that policemen conspired to protect the perpetrators.

Easily identified

In response, the Court of Appeal comprising Justice Seymour Panton, Justice Howard Cooke and Justice Hazel Harris, held that the persons who assaulted and imprisoned Pinnock could have been easily identified if the State wished to know their identity. The court said there must have been a record at the Old Harbour Police Station of the officer or officers who were on duty and who received Pinnock into the lock-up as well as who handed over Pinnock into their custody.

The court said the fact that "this information has not been forthcoming even to the Attorney-General, is an indication of the lack of accountability to the State of these agents and their supervisors".

The blow to Pinnock's right eye has left him with limited vision as he can only see movements and shadows.