Mechanic walks free after murder conviction overturned
KINGSTON, Jamaica — An auto mechanic who was serving a life sentence for murder had his conviction overturned by the Court of Appeal on Wednesday.
Kenneth Pottinger was convicted in September 2019 for the murder of Devarowe Powell, who was shot and killed along St John’s Road in Spanish Town on February 12, 2008.
He was sentenced in January 2020 to life imprisonment and ordered to serve 23 years before becoming eligible for parole. He had served more than six years since being sentenced.
At the trial, King’s Counsel Peter Champagnie had submitted that the case should be withdrawn from the jury because of the weaknesses in the identification evidence. The trial judge disagreed and left the matter for the jury’s consideration.
On appeal, attorney Samoi Campbell challenged the safety of the conviction, arguing that there were material issues with the identification evidence relied on by the prosecution and the directions given to the jury by the trial judge.
The appeal was allowed by a panel comprising Court of Appeal President Justice Marva McDonald-Bishop, Justice Nicole Simmons and Justice Marcia Dunbar-Green.
The court quashed the conviction on the basis of issues concerning the identification evidence and the judge’s directions to the jury. The court’s written reasons are expected to follow.