Barbara Gayle, Staff Reporter

A Home Circuit Court jury retired for five hours yesterday but failed to arrive at a verdict in the murder case of 59-year-old farmer and contractor Milton 'Tony' Welsh of Brandon Hill, St. Andrew.

Welsh, who is a People's National Party (PNP) activist, is charged with the murder of 22-year-old Damion Hussey of Golden Spring, St. Andrew. Hussey was fatally stabbed on the evening of January 15, 2006.

It was the second time within a year that Welsh was tried and the jury failed to arrive at a unanimous verdict as they were divided 11 to one.

Welsh was first tried in October last year.

Exhausted all avenues

The foreman told Justice Leighton Pusey yesterday that they had exhausted all avenues and did not think there would be any change in their decision. The foreman said they were divided 10 to one. One of the jurors was excused after the trial began on October 22.

The judge said the Director of Public Prosecutions is to decide whether Welsh is to face a third trial.

Welsh, who has been in custody since he was arrested for Hussey's murder, is to return to court today when a bail application will be made by his lawyers Norma Linton, Q.C., Patrick Atkinson and Valerie Neita Robertson.

The police had reported at the time of the incident that men travelling in a bus were returning from a PNP rally for the official launch of the presidential campaign for the then Security Minister Peter Phillips.

When the bus reached Golden Spring, St. Andrew, stones were thrown at the bus. Men exited the bus and enquired as to who was stoning the vehicle and Hussey was fatally stabbed.

The Crown, represented by Dirk Harrison, Assistant Director of Public Prosecutions, and Tracy Ann Johnson, Crown Counsel, alleged that Welsh stabbed Hussey.

Witnesses had testified that they saw Welsh stabbing Hussey but Welsh said in his defence that he was not in the area at the time of the incident.