Mcgregor

Sherry-Ann Mcgregor, Contributor

The recent media reports regarding the alleged beating of Dr. Jephthah Ford by the police has sparked wide-spread condemnation of abusive acts by those who have sworn to "protect, serve and reassure" the public.

Regrettably, this situation is not unique to Jamaica. The circumstances which led to the death of Michael Gayle in 1999 and the beating of Rodney King in America, immediately come to mind. There are countless others which will only remain real to those who have immediate contact with the victims.

In the typical case, the individual who is beaten is usually arrested and charged for committing a crime, which he is forced to defend before the criminal court. Expenses are incurred by the victim to obtain medical treatment and retain the services of an attorney to represent him or her in a criminal trial.

Compensation

While opportunities exist for these incidents to be reported to the appropriate public body, so that disciplinary action can be taken against the alleged offender, the injured person has another avenue for redress. A claim could be made in court to recover compensation.

The claim will vary depending on the circumstances of the case. However, the injured person may be able to bring an action against the offender as well as the Government for assault. In that action, the individual may recover the expenses incurred in obtaining medical treatment, and for pain and suffering arising from the injuries which were sustained.

The injured person may also bring an action for false imprisonment if he or she is able to prove that the arrest was unlawful or influenced by improper motives. In other words, if there was no lawful cause for having detained the individual or denied them of their freedom for any period of time (however brief), that individual may be compensated for the loss of freedom, injury to his feelings and dignity, mental suffering, disgrace, humiliation and any loss of his social status caused by the imprisonment.

If the criminal case ends in the individual's favour - they are acquitted or the case is dismissed - the individual may also make a claim for malicious prosecution. This is usually a difficult action to prove, because it requires the individual to prove that the police officer acted maliciously and "without reasonable or probable cause" in prosecuting the individual on the false charges. It must also be shown that the individual was put to expense in defending the action, was punished or his reputation damaged as a result of having to defend thefalse charge.

Private individuals

Actions for false imprisonment and malicious prosecution may be taken against private individuals, as well. However, regardless of the person against whom the action is taken, the compensation for these offences are notoriously trifling. In cases against the police, it is not unusual for victims to forego the claim for compensation unless there is some basis for an award of exemplary damages (which serve to punish the police officer for his wrongful act). Even in those case, one wonders whether the action is worth the effort.

It is a difficult pill to swallow when one recognises that the price tag on one's liberty or reputation could be anything but substantial. However, for now, it remains the law.