Crooks v. Jennifer Ebanks (Jamaica)

(2) The Attorney-General Appellants

v.

Jennifer Ebanks Respondent

FROM

THE COURT OF APPEAL OF JAMAICA

COMMITTEE OF THE PRIVY COUNCIL OF THE

24th March 1999, Delivered the 30th March 1999

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Lord Slynn of Hadley

[Delivered by Lord Hutton]

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1. On 24th March 1999 their Lordships agreed humbly to advise Her Majesty that the appeal should be dismissed and that they would deliver their reasons later. This they now do.

2. On the morning of 28th September 1991 a Special Corporal in the police force, Aggrey Crooks, was on duty in plain clothes in Coronation Market, Kingston, armed with a revolver. He saw a robber seize a gold chain from another man and run off. Corporal Crooks drew his revolver and pursued the robber. During the chase Corporal Crooks tripped over rubbish lying on the ground and fell, and the revolver fell from his hand and went off discharging one round. Most unfortunately, the bullet struck Mrs. Jennifer Ebanks, who was shopping in the market, and she sustained a wound to her head with resultant serious brain damage.

 

3. Mrs. Ebanks commenced proceedings in the Supreme Court of Jamaica against Corporal Crooks and the Attorney-General. The statement of claim contained the following paragraphs:-

"2. That the First Defendant was at all material times acting in the performance of his duties as the servant and or agent of the Second Defendant.

 

3. That the liability of the Second Defendant arises by virtue of the Crown Proceedings Act in that the First Defendant is a Special Corporal in the Island Constabulary Force which falls under the Jurisdiction of the Ministry of National Security and Justice which is a Department of the Government of Jamaica.

 

4. That on the 28th of September, 1991, at approximately 11.00 a.m. the First Defendant wrongfully and negligently shot the Plaintiff in the Head, while she stood in a crowd at the Coronation Market in the parish of Kingston.

 

5. That as a result of the aforesaid acts the Plaintiff has suffered severe head injuries, neurological damage, has lost materially the ability to support herself, has suffered loss and damage and has been put to expense."

 

4. Paragraphs 3 and 4 of the Defence were as follows:-

"3. Save that it is admitted that the Plaintiff was shot on the 28th day of September, 1991 at the Coronation Market paragraph 4 of the Statement of Claim is denied. The Second Defendant will contend that on the date and place aforementioned the First Defendant while in the process of giving chase to an alleged robber, tripped over some rubbish in the market and fell face down. On falling one shot went off from his firearm and the Plaintiff was hit.

 

4. Paragraph 5 of the Statement of Claim is denied for…