Government of Jamaica to pay for false imprisonment
December 27, 2007
The nine-year wait for justice by a man who was falsely detained by the police after reports were made that he was suspected of sexually molesting a family member has paid off for him.
Justice Bryan Sykes, after hearing evidence in the false imprisonment suit, ordered the Government to pay $600,000 with interest to 64-year-old Glenville Murphy, a farmer of Glengoffe, St. Catherine.
Murphy had sued the Attorney General and District Constables Satchell and Morgan of the Glengoffe Police Station, seeking damages for false imprisonment.
The case dragged on in the Supreme Court for nine years and Murphy had written several letters to former Chief Justice Lensley Wolfe complaining of the long delay in having his case tried.
Justice Sykes heard evidence in the case in October this year. Murphy testified that he was at his home on April 5, 1998, when the police came there and accused him of incest. He said the police took him into custody and also took his daughter with them.
No evidence of intercourse
The police took the girl to a doctor who found no evidence of sexual intercourse. Murphy was released the following morning.
Murphy, who is now living in Kingston, said he had to leave the community because of the allegation. The judge found that there was injury to Murphy's reputation because of the allegation.
"Mr. Murphy was particularly incensed by the fact that he was treated worse than an animal, that is to say, being locked up without food or refreshment for 24 hours. Mr. Murphy testified that there was no bed in the cell and he had to sleep on the concrete. It would seem to me that this kind of treatment must be regarded as aggravating to the loss of liberty."
A relative of the alleged victim had made the report to the police and told them that she got the information from people in the community. The judge expressed surprise that the police did not interview people in the community about the allegations or even interview the mother of the alleged victim before they arrested Murphy.
The award of $600,000 included damages for loss of liberty, injury to feelings and injury to reputation.
Author: Barbara Gayle
Source: Jamaica Gleaner
