Barbara Gayle, Staff ReporterThe Transport Authority's unlawful detention of two minibuses is to cost the Government substantial sums in damages as a result of court rulings this year. In the case of Norman Johnson, a minibus owner, the Government was ordered to pay a total of $2.2 million in damages for the 750-day detention of the minibus.
The other case in which damages are to be assessed is that of 79-year-old Vincent Garrick, businessman and building contractor. Transport Authority inspectors had seized Garrick's minibus in November 1999, claiming that Garrick was working as a conductor on the bus and collecting fares for which he had no road licence to operate as a public passenger vehicle.
Garrick won his case in the Traffic Court but the Transport Authority refused to return the vehicle insisting that he must pay storage fees. Garrick went to the Supreme Court which ordered the Transport Authority to release the minibus. The Transport Authority appealed and lost.
Damages
The Court of Appeal, in dismissing the appeal, in February said the Transport Authority acted in an "oppressive and high-handed manner." Da-mages are to be assessed in the Supreme Court. Johnson's minibus was seized on February 24, 2000. Johnson who is the owner and driver of the bus, said he was lawfully operating his minibus on the downtown Kingston to Norbrook route, when he was stopped by Constable K. Hill and D. Beckford, a Transport Authority Inspector. They seized his minibus claiming that he was operating on the wrong route.
The vehicle was seized and Johnson was never prosecuted for the alleged offence. On August 7, 2000, Johnson instructed attorney Garth E. Lyttle to file a suit against Hill, Beckford and the Attorney-General, seeking damages in conversion and detinue arising from the unlawful seizure and detention of his minibus. Johnson obtained a default judgment against the defendants.
The Attorney-General filed a defence stating that the vehicle was not seized by Beckford and filed a summons to set aside the default judgment. The summons was dismissed after Mr. Lyttle pointed out in court that a document that was issued by the Transport Authority showed quite clearly that the vehicle was seized by both the police and Transport Authority Inspectors and no charge was brought against Johnson.
Justice Andrew Rattray assessed damages last week Monday and awarded Johnson $2,275,395 for loss of use of the minibus. The judge found that the period of detention was 750 days and evidence was given to show that Johnson would have earned $6,750,000 in gross earnings for the two years. Tax was deducted from that amount at the rate of 25 per cent amounting to $1,078,465.
The gross earnings for the two years were conductor's wages of $750,000, meals $262,500, engine oil $23,520, oil treatment $3,120, brakeshoe $24,000, licensing fee for vehicle $12,000, insurance $80,000, cost of permit $60,000 and servicing of vehicle $72,000. Total expenses were $2,412,140. Johnson said during the period when the vehicle was detained, he found employment and earned $960,000. The total expense along with income earned and tax amounted to a total of $4,450,605 which the judge deducted from the gross earnings of $6,750,000 leaving a balance of $2,299,395. The judge ordered that interest at the rate of six per cent per annum is to be paid on $1,137,697.
