Policeman freed of illegal ammunition charge after 11 years

A policeman, who has been off the job for 11 years facing charges of illegal possession of 15 rounds of ammunition, breathed a sigh of relief on Thursday in the Trelawny Parish Court after the judge upheld a no-case submission and freed him.

Attorney-at-law Oswest Senior-Smith,who represented 54-year-old Corporal Derron Cross, said his client, who is a 35-year veteran in the police force, is expecting to resume his job very soon because “he has been on interdiction on little pay since November 2012.”

Senior-Smith, in his no-case submission at the end of the prosecution's case, argued that Cross should not be called upon to answer the charge because there were too many contradictions which came out during the cross-examination of the police witnesses.

On one occasion during the cross-examination of a police officer, Senior Smith played a video- recording done by a Sergeant of the anti-corruption team during the search of the premises which contradicted the testimony of that witness.

The footage also showed that the accused was not present at times during the search and on occasions, the accused was heard objecting to how the search was conducted.

Parish Judge Paula-Ann Archer-Hall, in freeing Cross, said that the prosecution's case was so manifestly discredited by cross-examination that no reasonable jury properly directed could convict on that evidence.

The judge emphasised that the video-material conflicted with the oral testimony from police officers from the Anti-Corruption Branch.

The judge said there were too many gaps in the prosecution's case. She also ruled that there were so many internal inconsistencies that it would not be sensible to leave the case to go further.

Cross was arrested in November 3, 2012 after residential premises in Bounty Hall and Bunkers Hill, both in Trelawny, to which he was connected, were searched. One of the premises was his home and a family member lived at the other premises.

The police found assorted rounds of shotgun shells, M16 cartridges and nine millimetre and Winchester cartridges at the premises. It was alleged that rounds of ammunition which were apparent exhibits for cases he was investigating were among the 15 rounds of ammunition.

A ruling was made by the Director of Public Prosecutions on November 12, 2012 that Cross should be charged.

The trial started six years ago but faced several adjournments because of absent witnesses and problems locating witnesses.

- Barbara Gayle

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