Man wins appeal on error made by trial judge

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Man wins appeal on error made by trial judge

Wednesday, November 25, 2020

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A thirty-one-year-old St James man who was serving a 15-year sentence for shooting a man in 2012 was on Monday sprung by the Court of Appeal on the basis of an error made by the trial judge .

Mikal Tomlinson, who was charged with illegal possession of a firearm and wounding with intent, was convicted in the Montego Bay Gun Court in April 2014 for the shooting which resulted in injury to a man in Niagara District, St James. However, the Appeal Court overturned the sentence and conviction after Tomlinson's attorney, Kemar Robinson, successfully argued that the “conviction was unsafe because of errors made by the judge at the trial”.

According to Robinson, the judge made an error in the summation and misquoted the evidence. Gun court matters are tried by a judge alone.

The Court of Appeal, in acquitting Tomlinson, agreed that the judge had erred.

Tomlinson, a father of three, at the time maintained that he was innocent, stating that he was not even in that community at the time of the shooting. He also insisted that there must have been some mistake which led to him being fingered.

The matter was heard by Justice Patrick Brooks, Justice Jennifer Straw, and Justice Nicole Foster-Pusey.


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