Man freed of gun charges because judge suspects cop was lying
Published:Thursday | July 18, 2024 | 5:17 PM
The High Court found a man not guilty on three gun-related charges on Wednesday after strongly criticising a policeman for being evasive about whether he knew the man before an alleged shooting incident in 2022.
Justice Ann-Marie Lawrence-Grainger said Demar Williams had to be freed because the court could not be sure that he was among the alleged gunmen who shot at a police team that was conducting a search near a bar in St Catherine on February 9, 2022.
Williams, who is from Gravel Heights in the parish, had pleaded not guilty to illegal possession of a firearm and two counts of shooting with intent.
Detective Constable Chevone Graham, who was a member of the police party, testified during the trial that he recognised Williams among the attackers because he had seen him on at least three occasions in the past.
On that basis, the judge allowed the cop to formally point out Williams in the dock.
Williams gave an unsworn statement denying any involvement in the shooting and rejected the cop's assertion that he saw him in February 2021 at the Spanish Town Police Station. He said that from March 2021, he was in custody at the lock up at the Black River Police Station in St Elizabeth.
In her ruling on Wednesday, the judge said the policeman's evidence was not reliable and his responses caused the court to doubt whether he was telling the truth that he knew the man.
"Detective Constable Graham had to be pushed and pulled to get information out of him. So, of course, the court started to wonder... the court has to feel sure and at the end of it the court is not sure," the judge said, after acknowledging the policeman's speech impediment.
"He wasn't an impressive witness; he wasn't a forthright witness," she added, noting that "several times" he said he could not recall details about how he knew Williams.
The judge said the case would have benefited from an identification parade to test the policeman's assertions.
The trial took place in the High Court Division of the Gun Court in downtown Kingston.
Williams, also known as 'Demon' or 'Kye Kye', was one of the eight escapees from the Black River lock-up in June 2023. He was recaptured in January and remains in custody.
The police said Williams had close ties with One Order, a notorious criminal gang based in Spanish Town.
Attorney Alexander Shaw represented Williams.
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