Chin, Leroy v The Attorney General

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO: C.L. 20021 C- 186

BETWEEN LEROY CHIN CLAIMANT

AND THE ATTORNEY GENERAL OF JAMAICA DEFENDANT

Heard: October 24 and 25,2005

Dennis Daly Q.C instructed by Daly, Thwaites and Co. for the Claimant; Mr. Peter

Wilson and Mrs. Amani Maknoon instructed by the Director of State Proceedings for the

Defendant.

ANDERSON J.

c. This is a singularly unfortunate case. The Claimant, Mr. Leroy Chin of Buck's Heights,

May Pen in the parish of Clarendon, seeks damages for negligence against the Attorney

General of Jamaica in respect of injuries received and loss and damages suffered as a

result of a gunshot wound suffered in October 1998.

The Claimant's Case

The Claimant's case is that in October 1998 he was a thirty four year old jerk chicken

vendor plying his trade in Bucks Heights, May Pen, Clarendon. According to his Witness

Statement, on the night of the 9th October 1998 he was a patron in the "Starlight City"

Night Club to which he had gone at about 10:30: p.m. Sometime after midnight and

before 1:00 am on the loth October, he heard an explosion from outside of the building

and felt a burning sensation and a cramp to the right side of his hip. He put his hand

down his trousers and discovered that he was bleeding. He had apparently been shot.

Very shortly after hearing the first explosion, he heard several more explosions coming

from outside the club building. He went outside and said he saw ;policeman whose face

he recognized but of whose name he was unaware. He called the attention of this officer

to his injury and was advised to wait beside one of three "unmarked" police cars parked

on the road in front of the club. He was subsequently taken to the May Pen Hospital in a

police car by Detective Sergeant Graveney and four other police officers. At the hospital,

one of the officers pointed out a man "suffering from several gunshot injuries to his side

and shoulder and arm and told me that it was he who had shot me". He later learned that