Fri | Dec 2, 2016

It was self defence

Published:Friday | January 23, 2015 | 12:00 AM

It was self defence

A man who grabbed an illegal gun from his friend and shot and killed a man who attacked him with an illegal gun has been freed of the murder charge.

Kemar Lewis, 23, of Central Village, St Catherine was accused of the murder of 30-year-old Rohan Henry also of Central Village.

Defence lawyer Peter Champagnie made a no case submission at the end of the Crown's case that although an illegal gun was used, in law Lewis was still acting in self defence.

Prosecutor Kelly Ann Boyne conceded and Justice Glen Brown directed the jury to return a formal verdict of not guilty.

Evidence was given at the trial in he Home Circuit Court that on November 9, 2008, the accused and the deceased had an altercation in Central Village. Henry attempted to pull an illegal firearm to shoot Lewis. On seeing the firearm, Lewis grabbed a firearm that his friend had and fired at Henry. He died shortly after he was shot.

The police testified that when Lewis was cautioned he said if he did not kill Henry then Henry would have killed him.

Lewis was first tried in June 2011 but the jury failed to arrive at a verdict and a retrial was ordered.