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Fisherman loses murder appeal

Published:Wednesday | March 17, 2010 | 12:00 AM

Barbara Gayle, Staff Reporter

A man who shot and killed an attendant during a robbery at a gas station in St Ann in December 2003 has lost his appeal against his murder conviction and sentence of life imprisonment.

The appellant, Ricardo Pinnock, fisherman, of St Ann's Bay, St Ann, was convicted on July 28, 2006 of the murder of Dean Davis. In addition to being sentenced to life imprisonment, the judge had ordered that Pinnock serve 30 years before he become eligible for parole.

Davis was shot dead at the McDowell's Texaco service station at Claremont, St Ann, about 2 p.m. on December 13, 2003.

Pinnock and another man had entered the gas station demanding money. Davis told him there was no money but the men entered the office and took out a chest with cash. While they were leaving, a shot was fired, which struck Davis.

A customer who was at the gas station identified Pinnock as one of the robbers, and said he had known him as 'Ritchie', who used to load passenger buses in St Ann's Bay. The customer was also shot and injured during the robbery.

Pinnock appealed on the grounds that the judge erred in allowing evidence relating to the witness' gunshot injury. Pinnock, who was represented on appeal by attorney-at-law Oswest Senior-Smith, also appealed on the grounds that the evidence was potentially prejudicial and may have swayed the jury in their deliberations as to his guilt.

Intricately linked

In response to the submissions, Crown Counsel Natalie Ebanks submitted that the evidence in relation to the wound sustained by the witness was intricately linked to the shooting of Davis because the bullet exited him and hit the witness.

The court, comprising Justices Karl Harrison, Hazel Harris and Mahadev Dukharan, said it found no merit in the appeal and dismissed it.