By Barbara Gayle, Staff ReporterTHE COURT of Appeal yesterday upheld the convictions of a 43-year-old shopkeeper who fired a shot at a customer after they were engaged in an argument because the shopkeeper refused to sell her goods on the basis that she was always buying from another shop.
Beresford Williams, of 22 Love Lane, May Pen, Clarendon had appealed against his convictions on two counts of the illegal possession of a firearm, shooting with intent and the illegal possession of ammunition.
The Court of Appeal, comprising Justice Donald Bingham, Justice Clarence Walker and Justice Karl Harrison (acting), dismissed his appeal. The court set aside the conviction for the illegal possession of a firearm as the court said there was a duplicity because he was charged twice for the same firearm.
WITNESSES NOT CREDIBLE
Williams, who was convicted on October 3, 2002, was seeking to have his convictions overturned on the grounds that the evidence of the Crown witnesses was not credible and therefore could not support the convictions.
Attorney-at-law Eme Usim, who represented Williams, argued that the sentence was manifestly excessive. The court agreed and reduced his 15-year prison sentence for shooting with intent to seven years and his 10-year sentence for the illegal possession of a firearm to five years. The court did not disturb his five-year prison sentence for the illegal possession of ammunition. The sentences are to run concurrently so he will serve seven years instead of 15 years. Williams was in custody awaiting the outcome of the appeal. The court said the sentence should start on January 3, 2003.
EVIDENCE GIVEN
Evidence was given before Justice Norma McIntosh at the Gun Court Division of the Clarendon Circuit Court that on April 11, 2001, a female customer went to the shop at 22 Love Lane, May Pen, to purchase a pack of pampers. Williams told her that she was not in the habit of buying from his shop and should go to 'Fatty's' shop and buy what she wanted. The customer told him that he was too 'bad-minded' and left.
She went across the road to another shop and while she was in the shop, Williams went over there and hit her with a shotgun on the back of her head. The woman picked up two stones and threw one at Williams. Williams fired a shot at her and missed. The matter was reported to the police and Williams was arrested and charged that same day. The next day Williams, who did not have a firearm licence, took the police to his home and showed the police a double-barrelled home-made shotgun among shrubs on the property. The police swabbed Williams' hands and tests by a forensic analyst showed that he had recently fired a gun.
