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Cop to serve prison time after losing appeal

Paul Henry

Monday, January 21, 2013    

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A policeman who shot and injured a patron at a dance will have to serve his sentence of 15 months' imprisonment following Friday's rejection of an appeal by the appellate court.

Constable Everett Rodney was convicted and sentenced on April 2 last year for the shooting incident at a dance in Darliston, Westmoreland on December 14, 2008.

The Court of Appeal noted, in its written judgement, that the issues of which Rodney complained did not amount to a miscarriage of justice and cannot affect the outcome of his criminal trial in Savanna-la-Mar Resident Magistrate's Court.

"The issues turned on the credibility of the witnesses and the prosecution adduced strong evidence as to fact," the court noted. "The tribunal of fact believed them and rejected the evidence of Mr Rodney and Constable Allen."

Rodney, who was 28-year-old at the time, testified in the RM court that he acted in self-defence when he fired the shot that struck the complainant in the hand.

The crown led evidence that on the night of the incident, Rodney and another policeman were at the dance when Rodney had an altercation with a patron. The complainant led Rodney outside to his (Rodney's) car and told to leave.

Rodney charged back into the dance, with his gun drawn, seeking the man with whom he had the altercation.

Persons among an angry crowd which gathered after he was again led out of the dance subsequently began throwing missiles at Rodney, who fired in the direction from where the objects were being thrown. The complainant was hit and while he was on the ground Rodney kicked him several times.

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