The court ordered that 32-year-old Andrew Manning, who was convicted of murder, should be released immediately.

He was charged with the murder of Aubrey Whyte, who was shot dead at his birthday party at Old Harbour Road, St Catherine, on April 25, 2004. Whyte, who lived in the United States, had come to Jamaica to celebrate his birthday.

The eyewitness testified at the trial that Manning, whom he knew before as 'Andrew', put a gun to the Whyte's head and shot him. He said the gun was about an inch from the Whyte's head when Manning fired.

Gunshot injury

Consultant pathologist Dr Ere Seshaiah testified there was a gunshot injury to the head and one to the left thigh. He said there were no gunpowder marks around the injury to the head, which indicated that the distance between the muzzle of the gun and deceased's head was about two feet or more.

Attorney-at-law Everton Bird, who represented Manning, submitted that based on the pathologist's findings, Manning should be freed.

Manning was convicted on November 9, 2006 and was sentenced to life imprisonment. He was ordered to serve 27 years before he was eligible for parole.

barbara.gayle@gleanerjm.com