Businessman Patrick Powell released from prison

Brian Walker, Staff Reporter

Businessman Patrick Powell who was last August sentenced to nine months in prison for failing to hand over his licensed firearm to the police, has been released from prison after serving six months.

Joyce Stone, Deputy Commissioner of Custodial Services at the Department of Correctional Services, told The Gleaner that a third of the sentence for a first time offender is set aside as remission for good behaviour.

Investigators had wanted Powell's Glock pistol to help their probe into the murder of 17-year-old Khajeel Mais in July 2011.

Mais was killed in a reported act of road rage in Havendale, St Andrew.

Powell's attorney Deborah Martin argued that her client was in custody when the police requested his gun and he was exercising his constitutional right to remain silent.

However, the prosecution dismissed that assertion, stating that the right to remain silent is only activated when someone is charged.

Powell did not hand over the gun, despite an order from Presiding Judge Vaughn Smith ahead of his sentencing.

Powell was acquitted of murder and shooting with intent charges in October 2016, after the prosecution opted to offer no further evidence.

It happened after the main witness testified that he did not see who fired the shots.