'IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. C.L. A 126/1990

BETWEEN EASTON ANDERSON CLAIMANT

(By virtue of section 23 of the

Fatal Accidents Amendment

Act, he being father of the

deceased, Delroy Anderson

AND THEATTORNEYGENERAL DEFENDANT

C

Norman Samuels for the Plaintiff.

Mr. Cochrane instructed by Director of State Proceedings for the Defendant.

Heard: lS' February and 3rd March 2005

Campbell, J. 1

The Plaintiff claims, as a near relative of the deceased, that on the 8Ih I

day of May 1990, the deceased was the inember of a police party that went 1

c; in search of a suspected felon, Joseph Adams, and in a failed attempt to I

apprehend the felon, one of .the deceased colleagues shot and killed him. ~

The Plaintiff filed his Writ of Summons 1 oth May 1990 and the I

i

Statement of Claim on 1 1 Ih November 199 1.

The Defendant entered appearance on the 4th September 1990 and on

the 3oth December 1991, filed a Consent to File Defence out of Time and 1

their Defence, which alleged at para 3. I