Barbara Gayle, Staff ReporterThe Court of Appeal has freed the two policemen convicted last year in connection with the escape of 52 prisoners from the Metcalfe Street Remand Centre in west Kingston almost five years ago.
Inspector Yandell Campbell, 53, and Corporal Francis Thomas, 60, wept openly in court yesterday when they heard that their convictions had been overturned.
Attorney-at-law Garth Lyttle, who represented Campbell, and Diane Jobson, who represented Thomas, had asked the Court of Appeal to find that the policemen were not negligent. The lawyers said it was structural defects, including poor lighting and a staff shortage, which resulted in the jail break and that their clients were being used as scapegoats.
no evidence
The lawyers submitted that there was no evidence to show that the policemen neglected their duty, permitted the escape of the prisoners or turned a blind eye to the actions of the prisoners thereby allowing them to escape.
The prisoners had escaped on May 13, 2001 through a vent at the back of the cell.
Justice Paul Harrison, president of the Court of Appeal, Justice Algernon Smith and Justice Zaila McCalla heard the appeal.
Resident Magistrate Kissock Laing had convicted the policemen of seven counts of negligently permitting the escape of prisoners and were each fined $25,000 on each count or three months' imprisonment.
The policemen said that, on the day in question, only eleven of the 26 policemen who were assigned turned up for work.
The lawyers pointed out that even Resident Magistrate Laing, in his findings, had referred to the structural defects which included a defective tower which was not in operation, one key for the cells, staff shortage and poor lighting. They said that, within three days of the escape, the remand centre was closed. They said the men went above and beyond the call of duty that day and instead should have been commended.
potential danger
Ms. Jobson argued that, at the time of the escape, Corporal Thomas was the only person working at three cell blocks which held more than 100 prisoners. She said Thomas, who went to work from 8:00 a.m. that day, was alone at the cell block for about half an hour before the prisoners escaped. She said that, if Thomas had attempted to enter the cells to check them by himself, it would have potentially put him at danger.
