Cop loses appeal in unlawful wounding case A POLICEMAN who shot and injured a civilian at the Sligoville Police Station, St. Catherine, on February 2, 1998, has lost his appeal against his conviction for unlawful wounding. Constable Victor Webley was convicted by Resident Magistrate, Lorna Errar Gayle, on July 3 last year of unlawfully wounding Dean McLean, a 26-year-old electrician and farmer, of Sligoville. He was sentenced to 12 months imprisonment at hard labour but the sentence was suspended for two years. Webley appealed on the ground that the Resident Magistrate erred when she convicted him because she failed to consider or consider adequately the most important element of his defence, that McLean was shot by accident in the course of a struggle while trying to get hold of his gun. McLean had testified at the trial in the Spanish Town Resident Magistrate's Court, St. Catherine that about 1.30 p.m. on February 2, 1998, he was passing the police station when Webley called him and asked him his name. Webley questioned him as to whether he was still friendly with Mr. James' daughter and he told him no. He ordered him to go into the station. When he reached inside the station, Webley grabbed him by the collar, pulled out his service revolver from his waist and used the muzzle to hit him in the chest and on his chin. He said Webley ordered him to sit on a chair and while he was in the process of doing so, he heard an explosion and realised that he had been shot in his left thigh. He bawled out for "murder" and residents came to the station and assisted in taking him to hospital. After he was shot, Webley made a call on the police radio, saying that he had shot a wanted man. McLean said he was arrested and charged with assaulting Webley and resisting arrest and he was convicted of those charges on April 6, 1998. Two witnesses testified that they had seen Webley hitting McLean before they heard the gunshot. The medical report stated that there were entry and exit wounds to McLean's left thigh but the injuries were not serious. Webley, in his defence, denied hitting McLean. He said he had called McLean in respect to a report that was made against him. While they were at the station, McLean became angry, and grabbed onto his gun. He struggled with McLean to prevent him getting control of the gun and during the struggle, the gun went off. The Court of Appeal comprising Mr. Justice Henderson Downer, Mr. Justice Clarence Walker and Mr. Justice Algernon Smith, heard the appeal and affirmed Webley's conviction. Webley's suspended sentence means that if he is convicted of any offence within the two-year period he will have to serve the 12-month prison term for unlawful wounding.
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