Barbara Gayle, Staff Reporter
AN EMPLOYEE who was accused of setting fire to a cigarette depot belonging to the Cigarette Company of Jamaica has been freed of the arson charge.
Nigel Harris, 34, former manager of the cigarette depot, in St. Mary was freed on Friday after the Crown offered no further evidence against him
Attorney-at-law Linton Gordon, who got a fiat from the Director of Public Prosecutions to prosecute, told the court that the Crown was not able to prove its case.
Miss Justice Ingrid Mangatal directed the jury to return a formal verdict of not guilty. The Crown alleged at the trial in the Home Circuit Court that, on August 7, 2002, Harris set fire to the depot. The allegations were that Harris was the last person to leave the office at the depot before the fire started. The warehouse was burnt to the ground. Fire experts reported that they examined the premises and came to the conclusion that someone lit the fire.
CIRCUMSTANTIAL EVIDENCE, MOTIVE
The Crown was relying on circumstantial evidence and motive to prove its case. However, when the trial began on Thursday, the two Crown witnesses who the Crown was relying on to prove its case, gave evidence which contradicted statements they had given to the police.
The witnesses were cross-examined by defence lawyer Valerie Neita-Robertson who represented Harris.
One witness had reported to the police that they locked the depot at 6:15 pm on August 7, 2002 and they all came out of the building. He said in the statement that Harris went back into the building and stayed for a short while and then came out. In the police statement he said he asked Harris what he went back inside the building to do and Harris said he went to use the bathroom. The witness in his testimony said that he had no conversation with Harris when he came out of the building. He said Harris came out of the building, got into his car and drove away.
Another witness, on whose testimony the Crown was relying to prove motive, failed to give the supporting evidence.
Attorney-at-law Carlene McFarlane and Crown Counsel Simone Wolfe appeared with Mr. Linton.
