Barbara Gayle, Staff Reporter

Two brothers who chased a man, causing him to injure his ankle while he was jumping over a wall, will each have to spend five years in prison for causing grievous bodily harm.

Fitzroy and Leroy Nelson, of Middle Baxton, St Ann, had appealed their convictions and sentences on the grounds that the identification evidence was weak. The Court of Appeal dismissed their appeal last Wednesday.

Leroy Johnson, the complainant, had testified at the trial in the St Ann Circuit Court in February last year that he knew the brothers for six years. He said about 7:30 p.m. on August 15, 2004, the brothers, who were armed with machetes, began chasing him. He said while jumping over a wall to escape his attackers, he injured his left ankle which necessitated hospitalisation and several surgeries. Johnson was still undergoing treatment at the time of the trial.

Justice Paulette Williams sentenced the men to five years' imprisonment each at hard labour after the jury convicted them.

The appellants filed several grounds of appeal challenging the identification evidence. It was argued that the judge did not warn the jury to exercise caution in respect of identification in terrifying circumstances.

The Court of Appeal, comprising Justice Howard Cooke, Justice Hazel Harris and Justice Mahadev Dukharan (acting), found that the judge's summary was comprehensive, balanced and entirely fair.

Sentence not excessive

The men also appealed against the sentence on the grounds that it was manifestly excessive, but the court said if it had not been for the agility and desperate manoeuvring of Johnson, both appellants may well have faced a much more serious charge. The court pointed out that the maximum penalty for the conviction was life imprison-ment and, in all the circumstances, it did not regard the sentences as manifestly excessive.

The Nelsons were in custody pending the outcome of their appeal and the court ordered that the sentences must commence on February 13.

barbara.gayle@gleanerjm.com