A man who spent three years awaiting the outcome of his appeal against his convictions and 15-year prison sentence for gun offences was freed Wednesday.

Kevin Bascoe, chef, of Lot 427 Braeton Newtown, St. Catherine, was sentenced in January 2004 to 10 years' imprisonment for illegal possession of firearm and 15 years' imprisonment for shooting with intent. The sentences were to run concurrently.

Bascoe was on bail awaiting the outcome of his appeal.

Trial judge erred

Attorney-at-law Deborah Martin argued that the trial judge erred becausethere was no evidence that he acted in concert with the men who allegedly fired at the police.

She submitted that the judge decided that Bascoe had prior knowledge that the men were in possession of unlicensed firearms and was part and parcel of a plan to possess them and fire at the police.

Ms. Martin said the judge did not give sufficient weight to the evidence of the police that the men ran in different directions when the shooting took place. She also pointed out that the men were not seen doing anything illegal when the police first approached them.

Submissions upheld

President of the Court of Appeal, Paul Harrison, Justice Karl Harrison and Justice Mahadev Dukharan upheld the submissions and freed Bascoe.

Policemen had testified that, on March 24, 2003, they were on patrol on Windsor Road, Spanish Town, St. Catherine, when they saw a group of men sitting under a tree.

The men ran in different directions and, while running, two of them fired at the police. Bascoe was not one of the men who fired at them, the policemen said.

Bascoe said in his defence that he was not with the group of men. He said he heard shots being fired and he ran into a house. The police took him from the house and then arrested and charged him.