Sat | Nov 28, 2015

Bungles lawyer says conviction unreasonable

Published:Wednesday | January 23, 2013 | 12:00 AM

Barbara Gayle, Justice Coordinator

Senior Deputy Director of Public Prosecutions Dirk Harrison is to begin his submissions today in the appeal brought by former Superintendent of Police Harry 'Bungles' Daley who is seeking to have his conviction overturned.

Attorney-at-law Valerie Neita Robertson, who is representing Daley, yesterday called for the Court of Appeal to overturn Daley's conviction because there were too many discrepancies and inconsistencies in the Crown's case.

Neita Robertson said there were issues of credibility, non-disclosures, bad character of the witness and the unchallenged evidence of the witness that the money was a loan to a relative of the witness.

She argued that the verdict was unreasonable as there was overwhelming evidence in favour of Daley.

Daley was sentenced in 2009 to 18 months' imprisonment for breaching the Corruption Prevention Act.

The Crown's case was that he corruptly collected $15,000 from a St Catherine businessman Tafari Clarke for offering protection for a plaza in Ewarton, St Catherine.

Neita Robertson said the sentence was excessive because there was no alternative despite his good record of service to the country.

She said if his conviction was not set aside Daley, who had more than 30 years in the force, would lose everything including his reputation and his pension.

She said he was responsible for establishing the police community service relations.

In response, President of the Court of Appeal Justice Seymour Panton pointed out that he was not a constable, so based on his rank, his sentence would have to be meaningful.

Neita Robertson said the resident magistrate could have exercised her discretion and not send him to prison. She also noted that if his conviction was not set aside he would have to mix with persons whom he had sent to prison.

Daley is currently on bail.