Cecil Samuel v Commissioner Of Police

ANGUILLA IN THE COURT OF APPEAL MAGISTERIAL APPEAL NO. 1/92 BETWEEN: CECIL SAMUEL AND APPELLANT COMMISSIONER OF POLICE RESPONDENT BEFORE: THE HONOURABLE MR JUSTICE BYRON, PRESIDENT THE HONOURABLE MISS JUSTICE JOSEPH J,A, (AG,) THE HONOURABLE MR JUSTICE SINGH, J,A,(AG,) APPEARANCES: MISS P HARRIGAN FOR THE APPELLANT MR K DEFRIETAS AND MRS HARRISON FOR RESPONDENT 1992, MAY 12 JUDGMENT BYRON, JA. THE APPELLANT WAS CONVICTED OF BEATING A POLICE OFFICER WHILST IN THE EXECUTION OF HIS DUTY ON THE 15TH DAY OF JANUARY 1992 AND SENTENCED, THE APPELLANT HAS APPEALED AGAINST THIS CONVICTION ON THE GROUNDS THAT THE MEDICAL EVIDENCE THAT HE HAD RECEIVED INJURIES TO THE BACK OF HIS SCALP AND TO HIS MOUTH AND LIPS WAS MORE CONSISTENT WITH THE TRUTH OF HIS VERSION OF THE INCIDENT, WHICH OCCURRED IN A CELL OF THE POLICE STATION WHEN HE WAS IN CUSTODY, THAN WITH THE VERSION OF THE POLICE OFFICER INVOLVED, DECISION AFTER ARGUMENTS BY BOTH COUNSEL, THE HON, ATTORNEY GENERAL AFTER SOME EXCHANGES WITH THE COURT. CONCEDED THAT THE DECISION OF THE MAGISTRATE WAS UNSAFE AND UNSATISFACTORY, APPEAL ALLOWED, CONVICION AND SENTENCE SET ASIDE, JUSTICE BYRON, PRESIDENT JUSTICE SINGH, J,A, {AG,)