Appeal Court wants 'tainted acquittal' legislation
December 22, 2006
The Court of Appeal on Wednesday called for urgent legislation to be passed to deal with 'tainted acquittals' when it dismissed an appeal brought by Millicent Forbes, mother of 13-year-old Janice Allen, who was seeking to have a jury's verdict quashed.
The girl was fatally shot by a policeman on April 14, 2000, in Trench Town, West Kingston. No evidence was offered against the policeman based on misleading information.
Attorney-at-law Richard Small, who is representing Miss Forbes, said yesterday that he was taking the case to the United Kingdom Privy Council.
"I am disappointed with the outcome," Dr. Carolyn Gomes, executive director of lobby group Ja-maicans for Jus-tice, said.
The group had supported Miss Forbes in her legal battle to have the verdict of acquittal quashed.
Charged with murder
Forbes had appealed against the majority decision of the Full Court in April 2005, refusing her leave to go to the Judicial Review Court to get an order to quash a jury's verdict of acquittal.
Police Constable Rohan Allen (no relation of the deceased) was charged with the murder of Janice Allen. When the case came for trial in the Portland Circuit Court March 14, 2004, a jury was empanelled and the Crown Counsel opened the case to the judge and jury. The Crown Counsel said he was offering no evidence against the accused because he had obtained information that Detective Sergeant Lynvall Dunchie, who was an important witness, was overseas on sick leave. He said further that, based on enquiries, there was no likelihood of him returning to the island....
Author: Barbara Gayle
Source: Jamaica Gleaner
