Supreme Court Judge Horace Marsh has freed Desford Clarke, 66, taxi driver, of a Kingston address of charges of illegal possession of firearm and wounding with intent.
Evidence was given in the Gun Court that on May 31, 2006, he shot and wounded one of his friends.The complainant said when he went to Clarke's house, Clarke pulled a firearm, fired at him and the bullet grazed him. He said Clarke took $1,000 from him.
Attorney-at-law Oswest Senior-Smith, who represented Clarke, pointed out that the complainant had testified that he was shot at close range. He submitted further that Clarke should be freed because, from the forensic report, there was no powder burn on the complainants wound to confirm that he was shot at close range.
Clarke, in his defence, said he was not guilty of the offences. He said he was selling his motor car and the complainant took his money and motor car documents to licences it.
Demanded money, documents
He said he did not see the complainant for some time and when he saw him on the day of the incident, he demanded his money and documents. He said he "rushed" the complainant for his money and the complainant pushed him. He said some of their friends who were present told the complainant to return the money.
Justice Horace Marsh said there were to many conflicts in the Crown's case and freed Clarke.