Two men charged over ammunition found in unfinished building in Spanish Town freed
Two men who were arrested and charged for 26 rounds of ammunition found in a knapsack in an unfinished building three years ago have been freed of possession of a prohibited weapon and dealing in a prohibited weapon.
Delando Codling, a 27-year-old construction worker, and Marlon Smith, a 24-year-old store clerk, both of St Catherine, were acquitted in the Gun Court after the prosecution failed to establish a sufficient link between them and the ammunition.
The charges stemmed from a mid-morning police operation in February 2023 in Spanish Town, St Catherine, where officers, acting on a search warrant, reportedly found the rounds concealed in socks inside a knapsack in an unfinished building.
The court heard that the two men were the only occupants on the premises at the time.
Attorney-at-law Javed Grant represented Codling, while Paul Gentles represented Smith.
Both attorneys challenged the prosecution’s case during cross-examination of its main witness, disputing claims that the men were in joint and/or individual possession of the ammunition.
Following the cross-examination, the prosecution sought to call an additional witness who was not listed on the indictment.
The move was strongly opposed by the defence.
Presiding judge, Chief Justice Bryan Sykes, however, ruled in favour of the defence, finding that allowing the witness would result in procedural unfairness and would not strengthen the prosecution's case.
In his ruling, Sykes agreed with the defence that there was no evidence to establish ownership or control of the knapsack or its contents, and that no other witness could remedy that gap.
Codling and Smith were subsequently acquitted, with verdicts of not guilty entered on all charges.
- Tanesha Mundle
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