THE Court of Appeal yesterday upheld a ruling to deny leave for a Judicial Review in the Janice Allen murder case, but Richard Small, the attorney representing the youngster's family, said that the case would now be taken to the Privy Council.

"We will definitely appeal the matter," Small told the Observer.
The court's decision yesterday to throw out the appeal was taken after Justice Lensley Wolfe denied an application for a Judicial Review in October 2004 to squash a not guilty verdict in the case.
Thirteen-year-old Allen was shot dead in April 2000 after a police party allegedly fired shots during a raid carried out in the volatile Trench Town community.

Policeman Rohan Allen, who was later charged with the murder of Janice, was acquitted in March 2004 after the prosecution said it could offer no evidence against him.
Attorney-at-law Small, however, contended that during the trial there was a series of acts of misconduct by the police designed to mislead the court that resulted in Allen's acquittal.

According to Small, the station register, which proved that the bullet that killed the young girl was fired from a gun issued to the cop, was tampered with by the police. In addition, Small said that the court was told that the officer investigating the case was ill and off the island when, in fact, he was well and still in Jamaica.

"That was just the final part.there were 18 acts of misconduct, and that was the culmination of a pattern to mislead the court," Small said.
"How can the court say that the police can do these things and nothing happens," the attorney added.
Yesterday, Millicent Forbes, mother of the slain teenager, was a picture of dejection.

"We do not have a justice sytem for the poorer class in Jamaica," she said in tears.
In the meantime Jamaicans For Justice (JFJ) has condemned the recent decision by the Court of Appeal.

"We find it difficult to accept that decision where there has been a very clear case of perversion of justice through the destruction of evidence and the numerous threats that have been made on Forbes and her family," Susan Goffe of JFJ told the Observer.

"Those facts have never been challenged. What the court is saying is that they have no jurisdiction or power to do anything about it," Goffe added.

"We do not have a justice system for the poorer class in Jamaica" - mom, Millicent Forbes

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