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Man freed on DNA evidence to sue Gov't

Published:Friday | January 15, 2010 | 12:00 AM

Barbara Gayle, Staff Reporter

A MAN who had to face trial for rape and illegal possession of a firearm although the DNA results cleared him months before the trial, is planning to file a suit against the Government.

After 35-year-old mason, Winston Hamilton, of Rae Town in Kingston was freed Wednesday in the Gun Court, defence lawyer Bert Samuels said, in his view, it was a travesty of justice because the Crown should have offered no evidence against Hamilton, based on the DNA results.

He said eight months ago the office of the Director of Public Prosecutions (DPP) obtained DNA results which clearly stated Hamilton was excluded from the crime.

Samuels told The Gleaner he had written to the office of the DPP for the charges to be dropped in light of the DNA results. He said Hamilton has instructed him to file a suit against the Government.Hamilton was arrested and charged on June 14, 2007, 12 days after he was accused of raping a woman in the presence of her boyfriend, who was a policeman.

It was alleged that a lone gunman held up the couple at gunpoint. After raping the woman, the gunman dropped the condom he had used and it was handed over to the police.

Semen not a match

When Hamilton was arrested, he handed over the pair of underpants he was wearing. Experts at the government forensic laboratory conducted DNA tests and made comparisons with the semen on Hamilton's underpants and the condom.

Supreme Court Judge Glen Brown, after hearing a no-case submission from Samuels and attorney-at-law Jacqueline Wilcott, freed Hamilton.