Barbara Gayle, Staff Reporter

A man who was freed by the Court of Appeal in 2003 after spending almost three years in prison for a crime he did not commit is suing the Government, a policeman and the complainant.

Neville Williams, a 28-year-old, construction worker of Maryland, St Andrew, who was convicted of rape and sentenced in May 2001 to seven years' imprisonment, is seeking damages for false imprisonment and malicious prosecution. In the alternative, he is seeking damages for negligence.

Williams, who is being represented in the civil suit by attorneys-at-law Andre Earle and Anna Gracie, is contending that the police did not investigate the case properly.

After Williams was convicted, it was discovered that DNA evidence was not given at his trial.

Dr Randolph Williams, who represented Williams on appeal, made an application to call fresh evidence. Williams is contending that DNA results were available before the trial but was not collected by the police.

DNA tests

The analyst testified in the Court of Appeal that the DNA of the semen found on the complainant's underwear and the DNA of the semen found on Williams' underwear was different and did not match.

The Court of Appeal freed Williams in November 2003 after hearing the fresh evidence.

Williams is contending that the complainant had a motive for framing him. He said it was because of an altercation they had.

The attorney general is repre-sented by attorney-at-law Tasha Manley and is contending that the policeman acted with reasonable and probable cause and there was no negligence in the investigation.

Witness

Director of Public Prosecutions Paula Llewellyn was called as a witness for defendants Detective Sergeant Carlton Henry and the attorney general. Llewellyn's statement was tendered in evidence on Friday and she was not cross-examined.

She said in the statement that she gave a television interview after Williams was freed in which she said the incident was regrettable and the Office of the DPP took full responsibility. She said the statement was meant to express sympathy for Williams and was not intended as an admission of wrongdoing on the part of anyone.

The hearing continues on December 17.

barbara.gayle@gleanerjm.com