TWO OF the three family members who were convicted in October 2001 for murdering their neighbour over ackee leaves which had fallen on to their property have been freed by the United Kingdom Privy Council.

The other man, Addis Jackson, had his case sent back to the Court of Appeal to determine whether he should face a retrial.

Hayden Jackson, mechanical operator, formerly employed to the Ministry of Transport and Works, his son, Addis, a clothes vendor, and Addis' brother, Altimont Jarrett, chef, all of 34 Market Street, St Ann's Bay, were convicted of the murder of Clinton Miller.

The men's appeals were dismissed by the Court of Appeal in February 2004, but their appeal to the Privy Council was not filed until January this year.

"There was, unfortunately, a long delay between the judgment of the Court of Appeal and the lodging of the petitions for special leave to appeal to the board as poor persons. The petitions were eventually heard in January and Her Majesty made the formal order granting special leave to appeal on 11 February 2009.

"Their Lordships are only too well aware of the difficulties which people in the appellants' position experience in finding solicitors and counsel who can mount an appeal before the board," the Privy Council said in the written judgment, which was delivered last Wednesday.

After the men were convicted of murder, they were sentenced to life imprisonment for murder and were each ordered to serve 20 years' imprisonment before they could be eligible for parole.

Evidence was given at the trial in the St Ann Circuit Court that on March 11, 2000, Hayden Jackson's grandmother had an argument with Dane Miller, son of the deceased, about ackee leaves which had fallen on to her property.

Dispute escalated

During the argument, the three men went over to Miller's home and attacked him with a shovel. Hayden hit Dane on his hand with the shovel and Dane drew an axe to defend himself. A policeman who went to the premises ordered the men to go to the police station.

The police gave Dane Miller a letter to go to the hospital and his father went with him. That same day, while they were in the outpatient area, a group of men, including the three with whom Dane Miller had the first altercation, went to the hospital

and pulled the Millers from where they were sitting. The Millers began to run and the men chased them.

During the chase, Clinton Miller fell and some of the men attacked him with machetes and a metal pipe, while Addis used a knife to stab him in the chest.

No clear differentiation

In overturning the convictions, the Privy Council said their appeal should be allowed "largely because, in giving his directions to the jury, the trial judge did not really differentiate Addis Jackson's position clearly from the position of the other participants in the attack".

The Privy Council said the fact that no serious injuries were inflicted by the other, it was "difficult to draw the inference that the attackers (apart from the one who carried out the stabbing) intended to cause serious bodily harm".

The Privy Council sent back Addis Jackson's case to the Court of Appeal because of the judge's misdirections on joint enterprise. The Privy Council said the jury convicted him without considering whether they accepted Dane Miller's evidence identifying Addis Jackson as the person who actually stabbed Clinton Miller.

barbara.gayle@gleanerjm.com