THE COURT of Appeal has called for an amendment to the Private Security Regulation Authority Act, so that employers can be liable for wrongful acts committed by security guards in the course of their employment.
"A reality that ought to be faced is that security guards are in substance a private police force", the Court of Appeal held.
The Court made the call after it had to determine whether Dave Robinson, a security guard who shot Paul Andrew Reid, 19, at a football match at Sabina Park, central Kingston, 17 years ago, was acting during the scope of his employment.
Sentry Service Co. Ltd. had appealed against a Supreme Court ruling that the company and Robinson should pay $3 million to Inez Brown, Reid's mother, who had sued to recover damages arising from the death of her son. The Court of Appeal, allowed the appeal and set aside the award against Sentry.
"If Robinson were a member of the Constabulary Force, section 3 (3) of the Crown Proceedings Act, which speaks of 'purporting to perform acts,' would probably have made the Crown liable in the circumstances of this case. The Private Security Regulation Authority Act ought to be amended to reflect these provisions of the Crown Proceedings Act so as to protect third parties", the court ruled.
The court said the growth of private security services had such an impact on society that those services were now regulated by the 1992 Private Security Regulation Authority Act. "This Act was not in force on October 8, 1993 when the incident occurred. In any event, this Act may need amendments to protect third parties as the respondent herein," the court said.
Reid, a higgler, of Tivoli Gardens, West Kingston had gone to Sabina Park on October 8, 1985 to watch a match between Tivoli Gardens Comprehensive High School and St. George's College, when he and Robinson were involved in a dispute. Witnesses said that people in the ticket line began to push and Robinson began swinging a baton which caught Reid. Reid pushed Robinson and ran. Robinson chased Reid and when Reid stopped and put his hands in the air, Robinson shot him in the left armpit. Reid was taken to hospital where he died on January 20, 1986.
The Court of Appeal said the initial issue to be decided was whether Robinson was retained as an employee or an independent contractor. The court said that if Robinson was retained as an independent contractor then Sentry would not be liable. "If, on the other hand, Robinson was retained as an employee, then the appellant would be vicariously liable for the torts he committed during the course of his employment," the court said.
In allowing the appeal, the court said it upheld the Supreme Court ruling that Robinson was not an independent contractor as was stated in the contract of employment. The court found that Robinson committed an excessive act outside the scope of his employment and therefore his employer was not vicariously liable for his torts.
In October 1989, a jury convicted Robinson of manslaughter arising from Reid's death and he was sentenced to seven years' imprisonment. He appealed and in May 1991, the Court of Appeal freed him.
Robinson, who is no longer employed by Sentry, did not appeal against the Supreme Court ruling. The Court of Appeal said that since he did not appeal against liability or quantum, he ought to be bound by the Supreme Court ruling that he was liable.
