BARRINGTON LENNON, a 38-year-old higgler, who was sentenced to eight years' imprisonment for illegal possession of firearm, burglary and larceny, has been freed by the Court of Appeal.
Lennon of 36 Seaward Drive, Kingston 11, was sentenced on January 18, 2005, after he was convicted of the charges.
Evidence was given that about 3.30 a.m. on May 22, 2004, Lennon, armed with a gun, broke into a dwelling house in he Kingston 10 area.
Witnesses said Lennon and his accomplice stole jewellery, money and household items. He was pointed out by witnesses within half an hour of the incident while he was in the back of a parked police car.
But Lennon said in his defence that he was walking along Washington Boulevard when he was held by the police, adding that he did not commit the offences.
Attorney-at-law Bert Samuels asked the Court of Appeal to free Lennon because the trial judge did not consider or analyse the issue of identification which was by confrontation. In addition, Mr. Samuels said Lennon was not found in possession of any of the items which the witnesses said were stolen from them.
