No compensation for woman eight years after being shot by police and losing unborn child
Published:Saturday | September 14, 2024 | 6:25 AMChristopher Thomas/Gleaner Writer
WESTERN BUREAU:
Eight years after Janice Hines was shot and injured when police officers fired on a taxi she was in during a high-speed chase in St James, her lawyer is accusing the Attorney General’s Chambers (AGC) of ignoring their attempts to communicate and mediate her compensation.
Anthony Castelle, the senior superintendent of police in St James at the time, was charged with unlawful wounding and misconduct in a public office after Hines, who was pregnant, was hospitalised following the January 22, 2016 incident.
He was found guilty of unlawful wounding, was admonished and discharged on the misconduct charge on November 23, 2018, and was ordered to pay a $1-million fine or spend 30 days in prison on December 14 that year.
Following the outcome of the case, in 2022 Hines’ attorney Shelly-Ann Hyman filed an application in the Supreme Court for compensation for her client. According to her, the last court date was in April this year.
LOST UNBORN CHILD
Speaking with The Gleaner on Hines’ behalf yesterday, Hyman said that her client has grown frustrated with the reported lack of response from the AGC in resolving the compensation matter.
“We had filed claims in the court and served them on the Attorney General’s Department, which would be responsible for any payments to be made because the police officers were acting in the course of their duty,” said Hyman.
“The problem we are having is that, in April, we got a date for mediation with the Attorney General’s Department and we were asked to put off the matter because of some difficulties that the mediator was having. But we have not been able to get another date because the Attorney General’s Department is not responding to our emails or phone calls.”
She continued, “If it was that the person had not gone to court and had not been found guilty, I could understand the back and forth. But we have that evidence, plus we have Ms Hines’ medical evidence. There is no dispute as to whether or not she was pregnant at the time, and there is no dispute as to her injuries. Out of professional courtesy, I would say you should answer us, even if you answer and then stonewall us. But nothing? This cannot be how we treat people.”
According to Hyman, the delay is worse because Hines, who lost her unborn child as a result of the incident, has injuries that are likely to be permanent and prevent her from getting pregnant again.
“Ms Hines was pregnant at the time. She lost the baby and she is not able to get pregnant now because the bullet is still in her body. She is extremely frustrated and overwhelmed, and remember that this is something she is living with, because the bullet is still in her body and cannot be removed. So this is a constant reminder of what has happened,” said attorney.
“The loss that she is suffering is going to be permanent because, based on where the bullet is, she cannot run the risk of getting pregnant. She has all of that dealing with plus this delay. So there is absolutely no closure that can be had.”
Hyman added, “She cannot even say ‘Well, when I get this money, I am going to try and see if I can go overseas to get help’. She was going about her lawful business, she was shot and injured, and years later she is getting the run-around.”
The Gleaner attempted to contact Attorney General Derrick McKoy for a response but without success. Efforts to contact Matthew Gabbidon, the AGC’s representative in Hines’ mediation process, were also unsuccessful.