Gun Court frees man accused of firing at police in Tivoli Gardens

A businessman who was accused of engaging police in a shoot-out in Tivoli Gardens in Kingston in 2023 was freed in the Gun Court on Tuesday after a Gun Court judge upheld a no-case submission made by his attorneys.

Thirty-seven-year-old Neil Anderson was acquitted of charges of shooting with intent and possession of a prohibited weapon following a ruling by Justice Leighton Pusey.

The allegations stemmed from an incident on November 11, 2023, when police said Anderson and several other men exchanged gunfire with cops after a high-speed chase into the West Kingston community.

During the trial, three police officers testified that about 5:30 p.m., they pursued a Toyota Hiace bus into Tivoli Gardens. 

The officers alleged that Anderson and seven other men exited the vehicle and opened fire at the police.

The court heard that a gun battle followed and, after the shooting subsided, Anderson was found on the ground suffering from gunshot wounds to the head.

He was taken to the Kingston Public Hospital, where he was treated before being charged.

The court also heard testimony that the Hiace bus carried different licence plate numbers on the front and rear of the vehicle.

However, the court heard that apart from spent casings linked to the police, no other spent shells were found at the scene. 

Evidence was also given that although the alleged shooting occurred in an open field, neither the police service nor the Hiace bus sustained any gunshot damage.

Under cross-examination, the officers admitted they were unable to identify any of the alleged gunmen said to have been travelling with Anderson. 

The court also heard that no firearm was recovered.

Defence attorneys Peter Champagnie, King’s Counsel, and Sayeed Bernard argued that the police had no justification for firing at Anderson and contended that excessive force had been used against their client.

Anderson maintained his innocence throughout the proceedings.

After pointing to what they described as major discrepancies in the prosecution’s case, the defence attorneys made a no-case submission.

Pusey upheld the submission and entered verdicts of acquittal on all counts.

- Rasbert Turner

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