Man wins appeal on error made by trial judge

Man wins appeal on error made by trial judge

Wednesday, November 25, 2020

Print this page Email A Friend!

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.

Now you can read the Jamaica Observer ePaper anytime, anywhere. The Jamaica Observer ePaper is available to you at home or at work, and is the same edition as the printed copy available at




1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper � email addresses will not be published.

2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.

3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.

4. Please do not write in block capitals since this makes your comment hard to read.

5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed:

6. If readers wish to report offensive comments, suggest a correction or share a story then please email:

7. Lastly, read our Terms and Conditions and Privacy Policy

comments powered by Disqus



Today's Cartoon

Click image to view full size editorial cartoon