By Barbara Gayle, Staff Reporter MILLICENT FORBES, mother of 13-year-old Janice Allen, has taken her case to the Court of Appeal.
Yesterday, she filed an appeal against the majority decision in the Judicial Review Court, which turned down her application to have a jury's verdict quashed.
The girl was shot dead at her gate in Trench Town, west Kingston, in April 2000. The police reported that she was shot in a crossfire between the police and gunmen. However, eyewitnesses have given statements in which they are contending that the girl was shot after the shooting had ceased. Police Constable Rohan Allen (no relation to the deceased) was charged with manslaughter arising from the girl's death.
He was freed on March 15, last year in the Portland Circuit Court after the Crown offered no evidence against him. The judge directed the jury to return a formal verdict of not guilty.
The policeman was freed because the prosecutor informed the court that he received information that a policeman who was a vital witness in the case was off the island and would not be returning. It later turned out that the information was false.
Forbes is contending that the jury's verdict was obtained by fraud and misrepresentation and is seeking to have it quashed. She had asked the Judicial Review Court to use its inherent jurisdiction and grant her leave to apply to have the verdict quashed.
ERRED IN DECISION
She is asking the Court of Appeal to find that the judges erred in the majority decision handed down on February 24 when they turned down her application.
She contends further that the judges erred when they decided that she did not raise an arguable case for judicial review.
Forbes is asking the Court of Appeal to set aside the majority decision and grant her leave to go to the Judicial Review Court to have the policeman's acquittal quashed.
She is seeking a declaration that what took place in the Portland Circuit Court was a nullity.
