The United Kingdom (U.K.) Privy Council has upheld the decision of Director of Public Prosecutions Kent Pantry, Q.C., not to prosecute the policemen who were implicated in the fatal shooting of Patrick Genius in 1999.

Leonie Marshall, mother of 26-year-old Patrick Genius, who was supported by the human rights lobby group Jamaicans For Justice, took the matter to the Privy Council seeking to have the DPP's ruling overturned.

In dismissing the appeal, the Privy Council did not call on the British lawyers representing the DPP to reply to the submissions. Costs were awarded in favour of the DPP.

Insufficient evidence

A coroner's jury had ruled in 2001 that the policemen implicated in the shooting should be charged. The DPP reviewed the depositions and ruled that there was insufficient evidence to charge them.

The police had reported that Genius was killed in a shoot-out.

Marshall took the issue to the Supreme Court and the Court of Appeal, seeking orders for the DPP to reconsider his decision. She also contended that the DPP failed to give reasons for his decision not to prosecute the policemen.

- BG