Kingston labourer accused of Old Harbour Road shooting freed

Nearly four years after he was accused of shooting a man along Old Harbour Road in St Catherine, a Kingston labourer was today acquitted of gun-related charges in the Gun Court.

Rojay Henry, who had been on bail, was found not guilty of illegal possession of a firearm, illegal possession of ammunition, and shooting with intent after Justice Leighton Pusey upheld a no-case submission made by attorney, Marcus Moore.

The incident allegedly occurred about 9:00 am on October 24, 2022, along Old Harbour Road.

According to the prosecution, the complainant had stopped at a Cash Pot outlet to purchase phone credit and while speaking with a friend, a grey Toyota Probox motor car approached.

The complainant alleged that a man exited the vehicle and opened fire, hitting him twice before fleeing across the roadway and jumping a fence.

In his no-case submission, Moore argued that the prosecution had failed to present sufficient evidence to require Henry to answer the charges.

He contended that the complainant's identification evidence was unreliable and riddled with inconsistencies.

Moore further submitted that the complainant, during his examination-in-chief, had testified that the shooter had no tattoos. However, under cross-examination, he said he observed a tattoo on the back of the shooter's neck as the man fled by jumping over a fence.

The attorney also argued that the complainant's description of the assailant did not match Henry. He noted that the complainant described the shooter as having "coolie hair" and being short, which was inconsistent with Henry's appearance.

Moore further submitted that the complainant was unable to identify the firearm allegedly used in the shooting.

After considering the evidence and the submissions, Justice Pusey upheld the defence's no-case submission and acquitted Henry of all three charges.

- Tanesha Mundle

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