Francis v Gomes

• Jurisdiction: Antigua and Barbuda
• Court: High Court (Antigua)
• Judge: Bishop, J.
• Judgment Date: 18 December 1978
• Neutral Citation: AG 1978 HC 46
• Docket Number: 95 of 1978
• Date: 18 December 1978

High Court

Bishop, J.

95 of 1978

Francis

and

Gomes

Time H. Kendall for plaintiff.

Samuel Charles for the defendant.

Damages - Personal injury — School teacher slapped by policeman — Quantum.

Bishop, J.

1 On the 19 ^th June this year the Allied Students Council, comprising pupils of the Princess Margaret School, the Antigua Girl's School and Antigua Grammar School, assembled near the East Bus Station to hold a demonstration.

2 Yvette Francis, a part time teacher at Foundation Mixed School learnt of the demonstration and she went along to the area where the children had assembled. Her interest in the matter was more than that of a casual on-looker for her niece was among the pupils demonstrating and it appeared that relations of hers who were teachers were also closely connected with the demonstration.

3 Out of the events which took place that afternoon, a claim has been filed by Yvette Francis in which she has alleged that at about 2:13 p.m. Leopold Gomes, a sergeant in the Royal Antigua Police Force assault and beat her “by chucking her in the back and then slapping her in the face”, thus causing her pain on the right side of her face, in the neck and her back.

4 Leopold Gomes admitted that at the material time he was a sergeant of Police and that he was on duty in the area where the demonstration was scheduled to take place or commence. He denied the other allegations made by Yvette Francis, the plaintiff.

5 I heard from the plaintiff, from Vaughn Walter and from Hyacinth Anthonyson, sister of the plaintiff, in support of the plaintiff's case. The defendant, and two police constables — Prince and Simmons — gave evidence in defence.

6 The plaintiff and her witnesses described an incident in which each of them related that the defendant pushed the plaintiff and slapped her. The defendant and his witnesses described an incident in which each of them related that the defendant spoke to the plaintiff asking her to move on but did not see him push or slap her. I never cease to wonder, when I am confronted by such a substantial divergence in what ought to be a simple matter of fact. Leopold Gomes did not say by way of defence that he did push and slap Yvette Francis in circumstances which justified his doing so. He simply said he it happened as the plaintiff and her witnesses would have the Court believe. Now if it can be successfully contended that Hyacinth Anthonyson would be inclined to testify to assist her sister, and that the police constables would be inclined to do likewise where their colleague and senior member was concerned, then the question must arise Has any reason been advanced to discredit the testimony of Vaughn Walter? The answer is No; there was no evidence put before me from which I might say that the witness was biased or ought not, for some reason, to be believed. Nor has his version been shaken by the cross-examination of learned counsel for the defendant. Nevertheless I have analysed all of the testimony and I believe that the following account probably represents the truth of the matter.

7 The Allied Students Council had started to assemble around 1:30 p.m. on 19 ^th June, and as they were gathering, the plaintiff was among a number of adults who went to the area to look on. At about 2:15 p.m. a vehicle carrying a number of policemen arrived on the scene. Included among those policemen were two Inspectors — neither of whom was called to assist the Court — and the two Constables, Prince and Simmons. Vaughn Walter who was there as a journalist looking for news to report, was among the adults who assembled, as indeed was Hyacinth Anthonyson. The police arrived there with the intention of dispersing the gathering; and Inspector Martin, speaking through a loud hailer,...