Businessman acquitted of gun and ammunition charges

The failure of the prosecution to produce vital exhibits in a case after six years and 13 trial dates resulted in businessman Winston Green being freed of charges of illegal possession of firearm and ammunition in the Western Regional Gun Court, on Tuesday.

Attorney-at-law Able-Don Foote, who represented Green, argued that his client's constitutional right to a fair trial within a reasonable time was “mutilated” by the fact that the exhibits, such as swabs of gunshot residue and fingerprints, were not made available even up to Tuesday.

It was alleged that on March 10, 2017, the police received information about gunshots being fired in the Long Bay Area of St James.

Upon arrival in the area, Green was alleged to be standing in close proximity to a firearm. He was asked about the weapon and it was alleged that Green said “officer is for a next man who run gone but mi tek it and fire one out a it in real life."

He was taken into police custody along with the firearm and swabbed for gunpowder residue.

The case came up for trial on Monday where Foote made preliminary objections surrounding the fact that after 13 trial dates the results of the swabs taken were not disclosed to the defence, although they were under the control of the State.

Justice Martin Gayle adjourned the matter for the following day giving the prosecution time to produce the material, but that was not done.

Foote then argued that the case should be thrown out because his client's constitutional right to a fair trial within a reasonable time had been mutilated by the lack of fingerprints and gunshot residue results that had the capability of exonerating him.

 He further argued that the accused's legal right to challenge his accuser had been compromised as he was not furnished with this material in preparation of the defence. Foote cited a number of Court of Appeal cases which led to acquittals due to material non-disclosure.

The prosecution also had an issue locating a key witness, which was highlighted during the submissions.

Justice Gayle upheld the submissions and freed Green.

“I am elated by the victory because I am innocent of those charges and have always maintained that I am innocent,” said Green who is the son of the late Dr Winston Green, who was member of parliament for St Mary South East.

-Barbara Gayle

Follow The Gleaner on X and Instagram @JamaicaGleaner and on Facebook @GleanerJamaica. Send us a message on WhatsApp at 1-876-499-0169 or email us at onlinefeedback@gleanerjm.com or editors@gleanerjm.com.