The Court of Appeal on Tuesday freed a man who was incarcerated for six years because the presiding judge did not give adequate directions to the jury.

Clive Marriott, 37, of Glengoffe, St. Catherine, was not represented on appeal but the court reviewed the evidence and summation and freed him. The judges said they would not order a retrial because of the length of time Marriott had spent in prison.

The Court of Appeal comprising Mr. Justice Seymor Panton, Mr. Justice Algernon Smith and Mrs. Justice Hazel Harris, found that identification and credibility were important issues in the case.

The complainant testified that on the night of March 31, 1997 she was coming from a fair when a man she knew before offered to tow her on his bicycle. While on the way he took her to a house where he and three other men raped her. The complainant said that Marriott was one of the men who raped her.

After the ordeal, the complainant did not tell anyone about the incident. The complainant's mother heard about the incident four to five days later and asked her about it. A report was then made to the police. Marriott was arrested and charged in 2000 and he denied being involved in the incident.

The court said that the jurors were not given any direction on corroboration and based on the circumstances of the case such a direction should have been given.