Tweet
Shot in the back by cop, man awarded near $2m
Monday, February 11, 2008
A Portland man, who was shot in the back while running from a man with a gun who turned out to be a cop, was recently awarded close to $2 million with interest in the Supreme Court.
In handing down her 12-page ruling, Justice Ingrid Mangatal recommended that the offending policeman, a Corporal McDonald, "if he is still a member of the constabulary, pay or contribute to the satisfaction of the judgement".
Mangatal described the actions of the cop on November 18, 2000 as "oppressive, alarming and outrageous".
Maxwell Russell was awarded $35,750 for special damages; $515,000 for false imprisonment; $200,000 for aggravated damages; $250,000 for malicious prosecution; $500,000 for assault; and $400,000 in exemplary damages.
The defendants, the attorney-general and McDonald, had admitted liability in relation to false imprisonment, malicious prosecution and assault in their defence dated October 1, 2007.
According to Russell, on the day the incident occurred he was standing at a supermarket along Nelson Street in Buff Bay when an unmarked vehicle pulled up from, which McDonald alighted with a shotgun and ordered him not to move. McDonald did not identify himself.
Russell said he became scared, ran and was shot in the back and taken to hospital in the parish. He was later transferred to the Kingston Public Hospital where he was handcuffed to his bed while undergoing treatment.
He was then held at the Denham Town Police Station before being transferred to a police lock-up in Port Antonio where he was severely beaten by inmates and had to be rescued by a police inspector. He spent a total of 12 days in police custody.
Russell was charged with assault at common law by McDonald, who claimed that he was forced to shoot because Russell attacked him with a knife. The case against Russell was, however, thrown out on a no case submission in the Portland Circuit Court.
"This is an alarming example of oppressive, arbitrary, high-handed, and outrageous behaviour by a servant of the government," Mangatal said in her judgement.
Monday, February 11, 2008
A Portland man, who was shot in the back while running from a man with a gun who turned out to be a cop, was recently awarded close to $2 million with interest in the Supreme Court.
In handing down her 12-page ruling, Justice Ingrid Mangatal recommended that the offending policeman, a Corporal McDonald, "if he is still a member of the constabulary, pay or contribute to the satisfaction of the judgement".
Mangatal described the actions of the cop on November 18, 2000 as "oppressive, alarming and outrageous".
Maxwell Russell was awarded $35,750 for special damages; $515,000 for false imprisonment; $200,000 for aggravated damages; $250,000 for malicious prosecution; $500,000 for assault; and $400,000 in exemplary damages.
The defendants, the attorney-general and McDonald, had admitted liability in relation to false imprisonment, malicious prosecution and assault in their defence dated October 1, 2007.
According to Russell, on the day the incident occurred he was standing at a supermarket along Nelson Street in Buff Bay when an unmarked vehicle pulled up from, which McDonald alighted with a shotgun and ordered him not to move. McDonald did not identify himself.
Russell said he became scared, ran and was shot in the back and taken to hospital in the parish. He was later transferred to the Kingston Public Hospital where he was handcuffed to his bed while undergoing treatment.
He was then held at the Denham Town Police Station before being transferred to a police lock-up in Port Antonio where he was severely beaten by inmates and had to be rescued by a police inspector. He spent a total of 12 days in police custody.
Russell was charged with assault at common law by McDonald, who claimed that he was forced to shoot because Russell attacked him with a knife. The case against Russell was, however, thrown out on a no case submission in the Portland Circuit Court.
"This is an alarming example of oppressive, arbitrary, high-handed, and outrageous behaviour by a servant of the government," Mangatal said in her judgement.
Comment