Court voids policeman’s wounding conviction, orders retrial

Police constable Wayne Hamil, who was fined $1 million or three years imprisonment for the shooting of a taxi operator in Hopewell, Hanover, is to face a retrial.

Hamil was convicted in July 2016 for the 2014 incident.

Last week Friday, the Court of Appeal set aside his wounding with intent conviction and ordered a new trial.

It also ordered that the fine be repaid to him.

The court upheld submissions from attorney-at-law Hugh Wildman that the presiding judge at the trial omitted to treat with and direct the jury on the statutory defence available to Hamil under the Constabulary Force Act. 

It was the court’s finding that apart from passing references to Hamil being “on duty", the judge did not place the required significance on the fact that Hamil was acting in the discharge of his duties when he became embroiled in the altercation and fired his weapon, wounding the complainant.

The court also agreed with Wildman’s submissions that the judge failed to deal adequately with the out-of-court statement given by Hamil to the Independent Commission of Investigation (INDECOM) investigator who probed the case.

The allegations are that on March 24, 2014, Hamil was on duty in Hopewell Square when he stopped a taxi driver.

An altercation developed between them and they were parted.

It is alleged that Hamil fired shots that hit the taxi driver.

Hamil said the taxi driver was the aggressor and he fired in self defence.

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