Bastienne and Another v Amesbury and Others ((Civil Side No. 93 of 2009)) [2011] SCSC 77 (1 March 2011)

Bastienne and Another v Amesbury and Others ((Civil Side No. 93 of 2009)) [2011] SCSC 77 (1 March 2011)

Plaintiffs failed to establish on a balance of probabilities that the injuries complained of were inflicted by the police and not sustained during the prior fight; the police were justified in using minimal force to control the situation given plaintiffs' aggression and intoxication.

Citation
[2011] SCSC 77
Parties
Plaintiff: Ted Bastienne; Plaintiff: Murvin Rideau; Defendant: Tony Amesbury; Defendant: Mr Ernest Quatre; Defendant: Government of Seychelles
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
1 March 2011
Case Number
(Civil Side No. 93 of 2009)
Procedural Posture
Civil / Judgment
Outcome
plaint dismissed
Legal Topics
Delict, Assault, Use of Force by Police, Damages
Source Language
English
Tort Law Delict Assault Use of Force by Police Damages

Case Brief

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Parties

Ted Bastienne

Plaintiff

Murvin Rideau

Plaintiff

Tony Amesbury

Defendant

Mr Ernest Quatre

Defendant

Government of Seychelles

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiffs proved on a balance of probabilities that the injuries were caused by the police and not from the prior fight
  2. 2 Whether the police used excessive force amounting to a faute

Ratio Decidendi

Plaintiffs failed to establish on a balance of probabilities that the injuries complained of were inflicted by the police and not sustained during the prior fight; the police were justified in using minimal force to control the situation given plaintiffs' aggression and intoxication.

Court Disposition

plaint dismissed