Barbara Gayle, Staff Reporter

The significant difference in accounts given by some policemen and soldiers, as to how two firearms were recovered from an accused man, has led to his acquittal.

Oneil Daley, 28, of Goldsmith Villa, August Town, Kingston 8, was freed on Monday in the Gun Court of charges of assault at common law, illegal possession of firearms and illegal possession of ammunition.

Daley was freed after Mrs. Justice Marva McDonald-Bishop (acting) upheld submissions from defence lawyer, Alando Terrelonge, that the evidence given by the prosecution witnesses was totally discredited because different accounts were given as to how the firearms were recovered.

The judge, in agreeing with the submissions, said the six witnesses were saying different things. She said that, based on the revelations in court, she could not satisfy herself as judge and jury that the man on trial before her was guilty.

Three soldiers testified that at about 4:00 a.m. on December 23, 2006, they were on a joint police/ military operation in the Goldsmith Villa area when they saw two men running towards them. One of the men had a rifle and the other had two firearms.

Man down

One of the soldiers said he shouted "soldiers, stop" but the men pointed the guns in their direction. In fear for their lives, they fired their weapons. One of the men was fatally shot while the other jumped into a gully and escaped.

The soldiers said that, shortly after, they heard someone moaning in the bushes and calling for help. They went in the direction from which the sound had come, and saw Daley lying in the bushes. He was suffering from gunshot wounds. They asked him for the firearms and he said he had dropped them in the gully and pointed in that direction.

They said they searched the area but did not find the guns. A lieutenant testified that Daley was taken to hospital immediately after he was found because he was in a weakened state. He said that after he had given directions and seen to it that the accused man was taken to the hospital, he returned to the bushes and it was at that point that a policeman showed him a gun.

No case

Two policemen testified that they found the guns within five to six feet of the accused. They said one was a Glock pistol and the other was a 9 mm pistol and they showed the firearms to the accused. They said the soldiers were present when the weapons were found.

The investigating officer said he received the firearms in full view of the accused and the soldiers were present at the time.

Mr. Terrelonge, in his no case submission, described the evidence as incredulous and highly imaginative. He said the lieutenant had said in his evidence that when he found the accused in the bushes he found no firearm and the police officers were not present. Mr. Terrelonge said the case was clearly one of accidental shooting and firearms were placed to justify the shooting. He said, further, that there was no nexus between Daley and the guns that were presented in court.

He also pointed out that one of the soldiers had admitted giving a statement in January 2007 that he saw the men running with rifles.

The soldier admitted under cross-examination that a month later he corrected the statement by taking off the letter 's' off rifles and inserted the words "and handguns".

barbara.gayle@gleanerjm.com