Man freed af­ter con­flict­ing wit­ness state­ments

The Star (Jamaica) - - NEWS - BAR­BARA GAYLE

Con­flict­ing state­ments by a wit­ness that the po­lice told him to name a man as an ac­com­plice in a mur­der re­sulted on Wed­nes­day in Michael For­est, oth­er­wise called “Buju”, labourer of a Wind­ward Road ad­dress, Kingston 2 be­ing freed of a mur­der charge.

For­est was freed af­ter Supreme Court Judge Len­nox Camp­bell up­held a no- case sub­mis­sion from de­fence lawyers Peter Cham­pag­nie and Ra­mona Nel­son that the cred­i­bil­ity of the sole eye­wit­ness was dam­aged.

The Crown had led ev­i­dence at the trial in the Home Cir­cuit Court that, about 10: 30 p. m., on Oc­to­ber 4, 2008, For­est shot and killed An­thony Brown, labourer of a Wind­ward Road ad­dress.

The wit­ness tes­ti­fied that at the time of the in­ci­dent he was on Wind­ward Road when he saw For­est, who he knew be­fore, fir­ing shots at Brown.

CROSS- EX­AM­I­NA­TION

Un­der cross- ex­am­i­na­tion, the wit­ness said he made a re­port to the po­lice three weeks af­ter he wit­nessed the mur­der. He was shown his state­ment in which he told the po­lice that the ac­cused and an­other man were in­volved in the mur­der and he had known the ac­com­plice for more than 10 years.

The wit­ness said he had not re­ally seen the ac­com­plice and it was the po­lice who had told him to im­pli­cate him in the mur­der.

Dur­ing cross- ex­am­i­na­tion, de­fence lawyers called into court a a man with the alias name of the al­leged ac­com­plice.

The wit­ness said he had told the po­lice that the man was in­volved in the shoot­ing.

He was shown his state­ment to the po­lice in which he had re­ferred to an ac­com­plice.

The wit­ness said dur­ing the in­ci­dent he had only seen the side of the ac­cused man’s face for five to ten sec­onds.

In mak­ing the no- case sub­mis­sion, de­fence lawyers said the wit­ness was dis­cred­ited un­der cros­sex­am­i­na­tion and asked the judge to up­hold the no- case sub­mis­sion and di­rect the jury to free For­est.

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