Barbara Gayle, Staff Reporter

The man who was sen-tenced in May last year to 12 months' imprisonment for unlawful possession of several pounds of used and unused nails has been set free by the Court of Appeal.

When 26-year-old carpenter Wayne Malcolm was convicted in the Lucea Resident Magistrate's Court last year, several residents in Hanover had expressed disapproval of the outcome of the case.

Granted bail

The residents were of the view that Malcolm, who had no previous conviction, should have only been fined because persons who committed more serious crimes were given lighter sentences.

Malcolm, of Baulk district, near Caanan, Hanover, was unrepresented at his trial.

The Court of Appeal, after hearing a bail application by attorney-at-law Melrose Reid, granted Malcolm bail in July last year, pending the outcome of his appeal.

Trial nullified

Yesterday, Reid submitted to the court that Malcolm's conviction should be quashed because Resident Magistrate Wilson Smith had signed the wrong order for Malcolm to account for the nails and also signed the wrong order when he found him guilty.

Reid pointed out that, under the Unlawful Possession of Property Act, it was clear that if the RM wanted Malcolm to account then the order must be in a specific format and must be signed under a specific section.

Reid argued that once the orders were signed under the wrong section, then the trial was a nullity because the orders were defective.

Crown Counsel Ann Marie Feurtado Richards conceded that the wrong orders were signed.

The Court of appeal upheld Reid's submissions, quashed the conviction and entered a verdict of acquittal.

Malcolm had filed eight other grounds of appeal, challenging the evidence and the RM's findings. However, the other grounds were not pursued after his appeal was allowed on the first ground.

Bucket of nails

Detective Sergeant Harry Morrant had testified at the trial that, on April 27, 2007, he searched Malcolm's one-bedroom board house in Baulk and found a bucket with used and unused nails.

Malcolm said in his defence that he picked up the nails over a period of time while working on construction sites. He said some of the nails were given to him.

barbara.gayle@gleanerjm.com