Barbara Gayle, Staff Reporter
THE COURT of Appeal has ruled that Supreme Court Judge Bryan Sykes was correct when he made an award for aggravated and exemplary damages to a paraplegic man who was severely beaten by the police.
The court, however, reduced the award from $400,000 to $200,000, saying the initial award was inordinately high.
Leeman Anderson was beaten by three policemen inside his shop at West Bay Farm Road, Kingston 11, on December 14, 2000.
Anderson testified that, on that day, he was in his shop at 7:00 p.m. when he heard policemen telling people to close their shops. Three policemen, including Constable Christopher Burton, entered Anderson's shop and ordered him to close.
BEATEN BY COP
An argument reportedly developed and Constable Burton took Anderson's crutch and beat him severely.
Anderson subsequently sued the Attorney-General and Con-stable Burton. Justice Sykes awarded him $800,000 in damages which included $400,000 for aggravated and exemplary damages.
The Attorney-General appealed on the ground that the circumstances of the case did not warrant an award for exemplary and aggravated damages. In the alternative, orders were sought that the amount be reduced.
An award for exemplary damages is made in cases where servants of the state act in an oppressive, arbitrary and unconstitutional manner.
An award for exemplary damages is made when Government servants behave maliciously and there is the need to punish them for "their acts" so that the award can act as a deterrent.
