Barbara Gayle, Staff Reporter

A man who spent two years in prison on firearm and shooting convictions was freed by the Court of Appeal last week.

The Court of Appeal ruled that no evidence was given at his trial that he aided or abetted a group of men who fired at police personnel in 2004.

Audley Cameron, labourer, of a Kingston address, was convicted on April 6, 2006 in the Gun Court and sentenced to nine years' imprisonment for illegal possession of a firearm and shooting with intent.

Evidence was given at the trial that about 10:30 a.m. on December 30, 2004, police personnel were on patrol in Barbican, St Andrew, when they observed six men at a gate at Birdsucker Lane.

Three of the men fired shots at the police. In an ensuing chase, Cameron was the only one caught by the cops as he attempted to flee. He was immediately searched but no firearm was recovered from him.

Detained

In his defence, Cameron said he went to collect supplies for his business when he was detained by the police. He said he was not in the company of men who shot at the police.

Attorneys-at-law Robert Fletcher and Brian Barnes, who represented Cameron on appeal, argued that the trial judge erred in finding Cameron guilty as the evidence presented was insufficient to substantiate the claim that he was involved in the shooting.

Attorney-at-law Kathy Pyke, who represented the Crown, conceded that there was no behaviour on Cameron's part which demonstrated complicity.

Evidence

The Court of Appeal, comprising Justices Algernon Smith, Justice Karl Harrison and Gloria Smith (acting), said the trial judge's conclusion was flawed.

"Upon scrutinising the evidence presented, we were unable to discover a scintilla of evidence to show the basis upon which the learned trial judge arrived at that conclusion," the court held.

"The mere presence of the appellant at the scene of the incident, without more (evidence), was not enough to make him a party to the crime or to establish that there was a common design or agreement between him and the men who were armed with the firearms and who shot at the police," the court ruled.

barbara.gayle@gleanerjm.com.