Assess the following facts and answer the questions below:

At 2:00 AM on July 14, 2020, Constable Birchand and three colleagues disrupted a secret oldies party in Ocho Rios, in the Parish of St. Ann.

While there, Constable Birchand observed two men fighting. He later came to know their names as John Brown and Christopher Green.

John Brown alleges that he ended up in the fight because Christopher provoked him by coming up into his (John's face) and pushing him. Christopher was at the party with John's ex-wife, Ann. John claims that Christopher started the fight.

When Constable Birchand pushed the two men apart, Ann threw a box of records in John's face in front of a few patrons, and the police officers. Constable Birchand was standing an arm's length away when he observed John's head move sharply as it snapped back quickly. Corporal Mitchell was standing beside Constable Birchand at that time. The other two police officers were standing beside Ann who was standing directly across from John.

The party was well lit. At the time when Ann threw the box of records, most patrons had left and the music was off. The police officers had an unobstructed view of the altercation and John's, Christopher's, and Ann's faces.

Constable Birchand and the three other police officers detained John, Ann, and Christopher and transported them to the St Ann's Bay Police Station. While there, the 3 civilians were processed and sent home after receiving station bail. Constable Birchand was the only police officer who processed John Brown. This took place in a room at the back of the police station.

On July 17, 2021, a process server handed Constable Birchand a letter from the law firm Murray & Campbell, containing allegations that on July 14, 2020, he (Constable Birchand) took a station diary and hit John Brown on the left side of John's face, causing a minor soft tissue injury in John's neck as well as whiplash, which is described as 95% resolved in a medical report, attached to the court papers.

Constable Birchand is 6' 6'' tall. John Brown is 5' tall. Constable Birchand is stocky and athletic in appearance.

Constable Birchand denies ever hitting John Brown.

Corporal Mitchell and the two other police officers were at the station when Constable Birchand and John Brown were together in the back room. The police officers indicated that while booking the other civilians, they did not hear any unusual noises. In fact, Constable Birchand asked them for help as John Brown refused to give any information as he said he was waiting on his lawyer and the Police Superintendent came into the room after which they all escorted John Brown to the lockup without the processing being completed for John Brown for two hours until his Attorney came at about 7:45 AM that morning. John Brown shared the holding cell with three men.

The Police Superintendent indicated that on arrival in the back room, John Brown appeared agitated, nervous and was sweating profusely. He kept gesticulating with rapid arm movements and transitioning from sitting to standing and vice versa, all while not saying anything.

Constable Birchand went off duty at 6:50 am and Woman Constable Gray finished processing John Brown. When the police officers in charge of the holding cell escorted John Brown to the room where his Attorney was waiting, Woman Constable Gray observed that his clothes were dirty and torn and his face bloodied. The Police Superintendent who was still at the police station remarked that John Brown did not look like that when escorted to the holding cell earlier that morning.

All the police officers agree that the station diary was in the front office of the station while John Brown was at the police station. Also, that on July 14, 2020, while in the front office, the police officers wrote the names of the civilians, including John's, in the station diary before they moved the civilians to the different rooms to be processed.

Constable Birchand indicates that an old station diarywasin the back room at the top of the dusty and very dirty shelves, while he was alone with John Brown but that he did not use it at as alleged or at all. Upon investigation, they were still there, layered with mounds of dirt.

Further to the fact scenario set out above (the amount of marks does not indicate how many points are to be stated or the depth of the points):

1. In identify the area of tort law that is applicable to this scenario and justify your selection. [ 1 mark ]

2. Summarise the fact scenario in no more than highlighting the pith of the matter. [4 marks ]

3. List the issue(s) joined between John Brown and Constable Birchand. [ 5 marks ]

4. In light of the fact scenario, what would you advise Constable Birchand? D [ 12.5 marks ]

5. If John Brown were to seek your advice, what would you advise? [ 12.5 marks ]

6. The Senior Superintendent for the police area of North-East St Ann became aware of the allegations against Constable Birchand and is considering recommending to the Commissioner of Police for Constable Birchand to be put on suspension with half pay. Identify the aspects of the evidence which support or do not support such a recommendation. Do not submit a list, bullet points or a table. Use analysis including authorities i.e. relevant cases and/or legislation. [ 10 marks ].