A man who was sentenced to 15 years' imprisonment, after he was convicted of illegal possession of firearm and rape, has been freed by the Court of Appeal.

Macino Davis, a vendor of Pimento Walk in St. Ann, was freed yesterday because the court found that he was denied a fair trial. The judge did not give a fair and balanced summation on critical issues in the case.

Davis was convicted in May last year of raping a 15-year-old girl at gunpoint on April 13, 2004.

Spent the night at his home

The girl said she was at a dance when Davis, who was a friend of her family, pointed a gun at her, took her some distance away and raped her. He took her to his house where she spent the night and the next morning, Davis took her home. She reported the matter to her cousin and the police.

Davis denied raping the girl. He said he saw the girl at the dance and when he was leaving the girl asked him to let her spend the night at his house because it was late and she could not get a taxi.

The medical evidence was that there were no signs of forced sexual intercourse.

Davis appealed on the grounds that although he denied committing the offence, the judge seemed to have asserted in his summation that he admitted raping the girl.