A man who was accused of fatally shooting his landlord in the presence of a relative has been freed of the murder charge.

A Home Circuit Court jury retired for two-and-a-half hours on Tuesday and freed 38-year-old labourer Noel Simpson of a Kingston address.

Simpson, who was represented by defence lawyer Peter Champagnie, was charged with the murder of 37-year-old higgler, David Stone, of Epson Downs district, St Elizabeth.

The Crown led evidence at the trial, which was presided over by Justice Kay Beckford, that in 2003 Simpson was living in Epson Downs at an apartment which Stone had rented him.

A relative of the deceased testified that about midday on November 10, 2003, the deceased was on Pechon Street, downtown Kingston, when Simpson shot him in the head. The witness said when the deceased fell , the accused went over him and shot him several times.

No medical evidence

There was no medical evidence as to the cause of death because the court was told that Dr Ere Seshiah, who performed the post mortem, was not in the island. The Crown had attempted to tender the post mortem report through another pathologist.

Champagnie objected on the grounds that before the report could be tendered, under the Evidence Amendment Act, the Crown would have to prove that it was not reasonably practicable for Dr Seshiah to attend court. The judge upheld the objection.

Simpson, in an unsworn statement from the dock, said he knew nothing about the incident. He said he had no reason to shoot the deceased.

'There was no medical evidence as to the cause of death because the court was told that Dr Ere Seshiah, who performed the post mortem, was not in the island.'