A DEATH row inmate who was accused of the murder of another prisoner has been freed on a no case submission because of discrepancies in the Crown's case.
Stephen Palmer, jeweller, of Granville Crescent, Montego Bay, St. James, was accused of murdering Jermaine Small, an inmate at the St. Catherine Adult Correctional Centre, Spanish Town, St. Catherine.
Palmer was serving a five-year prison sentence for robbery with aggravation and illegal possession of firearm.
The Crown alleged at the trial in the St. Catherine Circuit Court that about 3.45 p.m. on September 3, 2001, Palmer used a piece of metal known as a jammer to stab Small in the chest.
A correctional officer testified in court that on the day of the incident he was assigned to work in the Gibraltar section of the prison. He opened the gate to allow the evening meals to be served to the inmates. After he opened the gate, Palmer ran through the gate to another section of the prison where Small was. He said he saw Palmer and Small hugging each other and Palmer pushing his hand in Small's direction.
The witness said Small ran off and Palmer came back to the Gibraltar section of the prison. He told the court that he noticed that Palmer had a jammer in his hand and an officer took the jammer from Palmer.
Cross-examined by attorney-at-law Jack Hines who represented Palmer, the witness admitted that he did not say at the preliminary inquiry that it appeared as if the men were hugging each other. He said he saw Palmer run towards Small. The men faced each other and Palmer pushed his hand in Small's direction.
Re-examined, the witness said the thrusting movement was towards the front of Small's chest.
After the Crown closed its case, Mr. Hines made a no case submission on the ground that no jury properly directed could convict on the evidence given by the main prosecution witness on whom the Crown was relying to prove how the fatal injury was inflicted. Mr. Hines pointed out that the post mortem report of Dr. Ere Seshaia, consultant forensic pathologist, was that the single wound was to the back of the chest.
Mrs. Justice Zaila McCalla upheld the submissions and directed the jury to return a formal verdict of not guilty.
