In the circumstances of this case, the convictions of the applicants are rendered unsafe, leading to a substantial miscarriage of justice. Accordingly, there is a justifiable basis for this court to quash the applicants’ convictions and set aside the sentences imposed by the learned trial judge,” the Appeal Court panel said in the judgment handed down on Friday.
March 20, 2025
Security guard, co-worker accuse each other of assault after fistfight
KINGSTON, Jamaica — A female security guard appeared in court on Tuesday accusing her co-worker of assault, only to discover that a warrant had been issued for her arrest in relation to the same fistfight between them.
Addressing Senior Judge Sanchia Burrell in the Kingston and St Andrew Parish Court, the woman explained that her partner had invited the accused to rent a room in their home, but he had been a nuisance to live with. She recounted an incident in which she asked him to remove his shoes inside the house, leading to a physical confrontation in which he allegedly punched and kicked her, leaving bruises.
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However, in his defence, the male security guard denied her allegations and claimed he was defending himself. He further claimed that the woman used a metal object to damage a personal item before striking him in the back of the head, causing swelling. He also detailed bites and other injuries she had inflicted on him.
At that point, the accused presented medical documentation to verify his injuries and noted that he had filed a report against her as well.
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In trying to talk over the man, the woman blurted out that she had hit him in his head, while he was already on the ground. Upon hearing this, Judge Burrell sternly instructed her to refrain from speaking further.
A review of court records revealed that there was, in fact, an outstanding case against her, accompanied by a bench warrant for her arrest.
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— Dana Malcolm
