BASSETERRE, St. Kitts – JAMAL PARRIS of New Road Housing who was convicted of Robbery and Assault along with three others, had his conviction quashed, yesterday, September 15, at the Eastern Caribbean Court of Appeal.
The four young men who were charged with four counts of Robbery and two counts of assault with intent to rob, Parris, Karim Dickenson, Ramie Gumbs and Devon Wattley were all found guilty of the crimes on December 18, 2008.
During the trial, Hesketh Benjamin represented Parris however at the Court of Appeal, Parris was represented by Benjamin and Henry Browne while the other three represented themselves.
Browne spoke on behalf of his client before Chief Justice Hugh Anthony Rawlins and other justices of Appeal and said that the prosecution failed to bring any witness who said that Parris was one of the accuseds.
He said that witnesses testified and said that the robbers wore dark shirts and jeans and that Parris wore a white shirt on the day.
“He does not fit into the puzzle, the prosecution failed to establish he was a part of a plan and that would be conspiracy and that was not brought against him,” Browne said.
Browne said that Parris gave evidence in the previous court and claimed that he was out with a friend on Victoria Road waiting on transport to take him to his home.
Parris had also said, according to Browne that the car passed by and he recognized Ramie Gumbs from whom he accepted a ride in the car.
The car was stopped at the bridge by a police officer who said that a number of items were thrown from the car that were identical to items which were stolen on the night in question and that a gun was thrown out of the car by Gumbs.
“They didn’t see Jamal throw anything out,” Browne contended.
“When the car left Sebastian area, there were three persons in the car and no one can identify them at that point, the sergeant said when the car emerged from Lozack road, he recognized four heads, he did not know who the four persons were, and he only identified Jamal when the car was stopped.
“What evidence is there that Jamal had possession of the items whether jointly or separately? None! We have to ask ourselves, against the backdrop that none of the victims identified Jamal Parris, what evidence is there, that Parris even knew what was happening? What evidence is there that he knew stolen goods were in the car? What evidence is there to demonstrate to your lordship Jamal had anything at all to do with those stolen goods and the answer is, none. What evidence is there that he was a part of the plan? What acts were he involved in to suggest he was a part of the plan, the prosecution does not prove their case against Parris without reasonable doubt,” Browne argued.
The Director of Public Prosecution, Paulina Hendrickson in responding to Browne argument said that evidence against Parris is that the police stated that the car did not travel across Cayon Street and up Victoria Road but across Lozack Road.
“It means Jamal was in Newtown at the time of the robberies and Jamal was in the vehicle when it came out of Lozack Road,” she said.
However, His Lordship Rawlins said that it was unsafe to keep Parris convicted of the crime.
“It is unsafe for conviction in relation to Parris, we will allow his appeal against conviction and we will quash conviction and sentencing.
“Parris said that he joined the vehicle at a certain point, he indicated that he was unaware of any plan because he would not have partaken in any enterprise. When he jumped in none of the incidents where charges were made occurred at that point,” Rawlins said.
The appeals of the other three men Karim Dickenson, Ramie Gumbs and Devon Wattley were dismissed and their conviction was upheld, however, they were asked to make requests for shorter sentences to which they will be resentenced tomorrow, Friday, September 17.
