By RASHAD ROLLE
Tribune News Editor
rrolle@tribunemedia.net
A SUPREME Court registrar has ordered the government to pay $75,000 to Jamal Cleare, nearly 20 years after he suffered catastrophic injuries while in police custody and more than four years after liability for assault and battery was determined in his favour.
Assistant Registrar Rosanne Sweeting ordered that the interim payment be made by August 3, 2026, and directed that the assessment of damages hearing be set down before a registrar as soon as practicable.
Mr Cleare had sought $400,000 as an interim payment, arguing that a conservative assessment of his claim before interest exceeds $928,000. His attorneys said that figure included $867,866.14 for general damages, $27,200 for loss of earnings, $16,358 for medical expenses and $17,010 for home help.
The case stems from January 17, 2007, when Mr Cleare was wrongfully arrested, detained and assaulted while in police custody. Court documents said he suffered serious injuries, including a hypoxic brain injury, hearing loss in his left ear, neck injury, brain injury, memory and speech deficits, and fractures involving the skull and upper neck.
The matter has travelled through the Supreme Court, Court of Appeal and Privy Council. In 2011, then Justice Hartman Longley awarded Mr Cleare $750 for wrongful detention, while dismissing his assault and battery claim. The Court of Appeal later increased the unlawful imprisonment award to $25,000 but dismissed his appeal on assault and constitutional issues.
In 2017, the Privy Council allowed Mr Cleare’s appeal and ordered the assault claims to be reheard by another Supreme Court judge. In March 2021, the parties agreed by consent that liability for assault and battery by two police officers would be determined in Mr Cleare’s favour, with damages to be assessed.
Assistant Registrar Sweeting noted that the consent order has not been set aside or appealed.
The defendants opposed the interim payment application, arguing that Mr Cleare relied on medical reports that were more than 19 years old and that the matter should proceed to assessment of damages instead.
The court rejected that argument, saying the Civil Procedure Rules do not restrict the age of medical reports relied on for an interim payment application. The court also said the defendants’ reliance on another case was “misguided at best”.
Assistant Registrar Sweeting said the defendants had admitted liability, Mr Cleare had obtained judgment for damages to be assessed, and the legal conditions for an interim payment had been met.
She said medical evidence showed Mr Cleare was likely to suffer lasting consequences and substantial deficits, and faced a substantial risk of neurological and cognitive impairment.
The court considered the Judicial College Guidelines for personal injury damages, including categories for brain injury, hearing loss and neck injury, before deciding that $75,000 was an appropriate interim payment.
Costs of the application were ordered to be costs in the cause.
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