THE COURT of Appeal has ordered that Horace 'Mark' Berth, 27, block machine operator of 147 Bay Farm Road, Kingston 11, must serve 25 years in prison for shooting and robbing a soldier of his firearm.
Berth was charged jointly with Christopher Edwards of robbing the soldier at gunpoint on December 1, 1999. Edwards was freed at the trial in the Gun Court on December 3, 2002.
Berth appealed against his conviction but the court dismissed his appeal.
STOPPED AT A HOUSE
The complainant, who is a sergeant in the Jamaica Defence Force (JDF), had stopped at a house at Rae Road, Kingston 11, to make a telephone call. When he was returning to his car, he saw two men standing about six yards from where he was. One of the men pointed a gun at him and said "don't move". The other man who was later identified as Berth, approached him and searched his pocket and took his firearm from his waist. The man then used the soldier's firearm to shoot him on the left forearm.
When the soldier went to his car and turned on the alarm, Berth fired several shots, one of which hit him in the left thigh.
IDENTIFICATION PARADE
The soldier made a report to the police and attended an identification parade in December 1999 where he pointed out Berth as the man who robbed him.
Justice Patrick Brooks found Berth guilty of the charges and sentenced him on December 3, 2002 to 10 years imprisonment for illegal possession of firearm, 12 years for robbery with aggravation and 25 years for wounding with intent.
The sentences are to run concurrently so Berth will serve 25 years imprisonment.
