Leeman Anderson v The Attorney General & Christopher Burton

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CONlMON LAW

SUIT NO. CL A 017 OF 2002

BETWEEN LEEMAN ANDERSON CLAIMANT

AND THE ATTORNEY

GENERAL EIRST DEFENDANT

AND CHRISTOPHER BURTON SECOND DEFENDANT

Miss Thalia Maragh instructed by Jacqueline Samuels-Brown for the

claimant

Mr. Michael Deans instructed by the Director of State Proceedings for both

defendants

July 7,8, 9 and 16,2004

ASSAULT AND BATTERY

The outcome of this case depends on whether Leeman Anderson correctly

identified Constable Christopher Burton as the person who committed the tort of

assault and battery. Mr. Anderson claims that Christopher Burton, the second

defendant, who is a member of the Jamaica Constabulary Force, inflicted unlan4ul

physical injury on him on December 14, 2000 at 44 West Bay Farm Road in the

parish of St. Andrew. He seeks compensation for his injuries in the form of

general damages, special damages, aggravated damages and exemplary damages.

Constable Burton on the other hand says he was not the person who injured the

claimant. I propose to deal first with the issue of identification.