Barbara Gayle, Staff Reporter
THE COURT of Appeal yesterday freed Owen Prussia, maintenance worker, of 3 Oakland Drive, Kingston 11 because there was no proof that the firearm taken from Prussia was the one that had been tested at the Government Forensic Laboratory.
A verdict of acquittal was entered after the court quashed Prussia's conviction for illegal possession of firearm and set aside his nine-year prison sentence.
POLICE TESTIFY
The police testified that on February 12, 2004, they received information and went to Oakland Avenue. They went unto a premises where they saw Prussia coming from a room with a gun in his right hand. He pointed the gun at the police party and a member of the party fired a shot and Prussia dropped the gun. One of the policemen picked up the gun which was a Glock semi-automaic pistol with 14 rounds of ammunition.
Prussia was taken into custody and the firearm and ammunition were handed over to a superintendent of police.
A policeman testified that some time after, he received the firearm and two rounds of ammunition and took them to the Government Forensic Laboratory. The policeman said he did not take note of the serial number of the firearm when
he handed it over to the superintendent or when he took it from Prussia.
Attorney-at-law Leroy Equiano argued on appeal that the judge should have upheld the no case submission made by attorney-at-law Bert Samuels who represented Prussia at his trial.
NO PROOF
Mr. Equiano said when the judge threw out the illegal possession of ammunition charge against Prussia, the illegal possession of firearm charge should also have been thrown out. He said there was no proof that the firearm which the police said they found with Prussia was the one that had been taken to the Forensic Laboratory because the serial number was not identified at the time the firearm was found.
Prussia had said in his defence that all he had in his possession was a knife which he was using to peel an orange when the police came to his home.
