By Barbara Gayle, Staff ReporterRADCLIFF WILLIAMS, fisherman, of Mansfield Heights, near Ocho Rios , St. Ann, was last Friday freed by the Court of Appeal because the trial judge failed to deal adequately with the issue of identification.
Williams was convicted in the St. Ann's Bay Circuit Court Division of the Gun Court on August 20, 2001 of charges of illegal possession of firearm, assault with intent to rob and shooting with intent. He was sentenced to a total of 10 years imprisonment.
Attorney-at-law Ravil Golding, who represented Williams on appeal, argued that the trial judge had failed to deal adequately with identification which was the main issue in the case. He submitted that the judge failed to address the point that the witness who said she knew Williams before the incident, had taken some 20 minutes before pointing him out at an identification parade.
The Court of Appeal comprised of Mr. Justice Donald Bingham, Mr. Justice Seymour Panton and Mr. Justice Howard Cooke (acting), upheld the submissions. The Court also pointed out that the police should not have placed Williams along with the other suspect on the same identification parade.
The Crown presented evidence at the trial that on December 11, 2000, Williams who was armed with a gun and another man who was armed with a machete, went to a bar in Ocho Rios and demanded money from the customers. They refused and when some of them tried to escape to a grocery shop adjoining the bar, Williams fired a shot at them.
One of the witnesses said she knew Willimas before the night of the incident because she had seen him several times in the Ocho Rios Market.
Williams denied attempting to rob anyone. He said in his defence that he was at home at the time of the incident.
