Lawyers vow lawsuits after case collapses
Attorney-at-law Mikael lorne, who is representing four people arrested following an incident in riverton Meadows in St Andrew on July 20 in which three alleged gunmen were fatally shot by the police, says lawsuits are being filed against the State for false imprisonment and malicious prosecution in the matter.
The four, two men and two women, were arrested and charged with illegal possession of firearm and shooting with intent following the deadly firefight.
The police had reported that sometime after 5 pm on July 20, they attempted to intercept two vehicles in the “Gully Bank” area of Riverton when gunmen exited the vehicles and opened fire at them. A shoot-out ensued and when it ended three men were found with gunshot wounds.
They were pronounced dead at hospital. The police further reported that they seized two firearms and arrested four people believed to be cronies of the dead men after the shooting.
But Lorne told the Jamaica observer that the case against the four collapsed last week after files which were reviewed by the Office of the Director of Public Prosecutions did not implicate them in any of the offences they were charged with.
He pointed out that on the day, his clients exited the motor vehicle, which they were travelling in, to take cover during the shoot-out between the gunmen and the police.
“None of these statements implicated any of these four persons in the commission of any crime. They were never described as persons who were shooting at the police and weren’t even described as persons in the motor vehicle. They instructed me that they had no knowledge of these other persons and their intent.
“The gunmen were in another motor vehicle and they just jumped out and engaged the police in a shoot-out,” Lorne said as he argued that for the four to be charged with illegal possession of firearm they would have had knowledge and control of a firearm.
“Being in a motor vehicle doesn’t qualify you to satisfy that offence under the Firearms Act, Section 20 and as such the Crown offered no further evidence against these persons. We plan to sue the Government for false imprisonment and malicious prosecution. Shooting with intent is a serious offence. It carries a minimum of 15 years,” declared Lorne.
He charged that there is a problem in Jamaica where loopholes in the system, coupled with many persons’ inability to afford legal representation, cause people to have their freedom unjustly taken away much longer than is allowed under law.
“The problem is that all four of these persons would have spent time in custody and the police involved in the matter would have known that these persons did not do anything illicit, but to still charge these people and place them before the court shows ill intent. We are going to be pursuing damages in the civil court.
“A lot of persons are unfortunately arrested and kept in custody for some substantial period of time. The usual period that is allowed under the law is 48 hours and a further 24 hours depending on the situation and there has to be reasonable suspicion or reason to believe that it is warranted. Throughout Jamaica there are persons who are being detained for one week to a month and sometimes even more, with no charges being laid against them. No question and answer or ID parade, nothing,” said Lorne.
He told the observer that he has filed several lawsuits against the State for false imprisonment and malicious prosecution and it was sad that taxpayers have to cover the bills in the end.
“When the police arrests a man and places him in lock up, the State has to pay that man because his rights were unjustly taken away from him. You have a constitutional right to liberty,” declared Lorne.