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Appeals Court refuses application to overturn man's 40-year gun conviction

Published:Monday | March 9, 2015 | 3:11 AM

The Court of Appeal has refused an application by Kemar Sharma, who was seeking to overturn his gun conviction and sentences.

He was accused of the January 2008 gun attack on Leroy Playdle and found guilty 11 months later on charges of illegal possession of a firearm, robbery with aggravation and wounding with intent.

Trial judge Justice Courtney Daye sentenced him to 40 years in prison.

In his application for an appeal, Sharma argued that discrepancies and inconsistencies in the prosecution’s case were too numerous and serious to have resulted in a conviction.

His lawyer, Jacqueline Cummings, argued that there were nine discrepancies, pointing to issues about the victim’s identification of the gun and the accused as well as a timeline of the events.

She also said the trial judge erred in his reliance on voice identification in accepting the prosecution’s case.

According to his lawyer, the sentencing was harsh and excessive.

However, in it's judgment handed down on Friday, the Court of Appeal accepted that the trial judge correctly and carefully guided himself in reaching the guilty verdict.

The court said only two of the discrepancies were serious but not sufficient enough to disturb the conviction and sentencing.