Man shot by gunmen locked up for four years
published: Saturday | July 23, 2005

Barbara Gayle, Staff Reporter

A MAN who spent four years in custody awaiting the hearing of his appeal was freed this month after the Court of Appeal found that the trial judge had misdirected himself based on his findings in the case.

Freed was Germaine Hibbert, 28, mechanic, of Olympic Gardens, Kingston 11 who was convicted in the Gun Court in 2001 of charges of shooting with intent and illegal possession of a firearm.

He was sentenced to 15 years imprisonment at hard labour.

Two policemen had testified before Mr. Justice Lloyd Ellis (now retired) at the trial in the Gun Court that they were in the Olympic Gardens area about 8:00 p.m on the day of the incident when they received information and went to a playfield. They entered a housing scheme where they saw Hibbert leaning on a wall in front of a house. The policemen said they were about to cross the road to approach Hibbert when he looked in their direction and started moving towards a lane nearby.

GUNSHOT WOUNDS

They shouted "police" and Hibbert pulled a gun and fired at them. They took evasive action and returned the fire. Hibbert scaled a wall and disappeared. They searched the area and did not find him. Later that night they got information and went to the Kingston Public Hospital where they saw Hibbert in a hospital bed suffering from gunshot wounds.

Hibbert told the policemen that gunmen had robbed and shot him. The police told him that he was not speaking the truth and was in fact injured in a shoot-out with the police. Hibbert was placed under police guard. In his defence, Hibbert said he was shot by gunmen.

Attorney-at-law Sylvester Morris who represented Hibbert on appeal argued in the Court of Appeal that the judge misdirected himself when he swung the burden of proof from the Crown to the defence when he made the observation that Hibbert did not give any explanation as to how he was injured. Mr. Morris said Hibbert had specifically said in his defence that he was shot by gunmen during a holdup.

The Court of Appeal after hearing legal submissions, quashed the convictions and entered a verdict of acquittal.