
A parish court judge in Trelawny has cleared two local men of a joint murder charge, ruling Wednesday that the evidence on file could not support sending the matter to the circuit court for trial.
Franklyn Brown and Nicholas Thomas were discharged at the close of committal proceedings in the Trelawny Parish Court after the judge concluded the prosecution had not met the threshold required for a higher-court hearing.
Under the Committal Proceedings Act, a parish court judge reviews written statements in a matter to decide whether a prima facie case exists — that is, whether an accused person should face trial in the circuit court.
Brown and Thomas had been taken into custody and charged over the death of Milton Morris, 53, who was killed in Duncans, Trelawny, on 30 January last year.
Defence counsel Donnovan Collins, who acted for both accused, pointed to the outcome as a reminder that investigators must complete solid police work before they curtail someone's freedom.
"If a proper investigation was done in this matter then perhaps these men would not have been charged for murder in the first place," Collins said.
According to the attorney, Brown and Thomas each spent one month behind bars before they were granted bail.
A police witness statement in the file described an assailant striking Morris on the head with a large metal pan. Morris was admitted to hospital and died there almost one month afterwards.
Collins told the court the individual identified in that account was never brought before a judge and "is still on the run."
He also argued there was nothing on the record showing that person had acted in concert with his clients.
"The witness statement did not make mention of Nicholas Brown and as such, he should never have been charged and placed before the court," Collins said.
Syndicated from Jamaica Gleaner · originally published .
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