Man wrongfully charged for murder and locked up for eight years files lawsuit

An innocent man who spent eight years in custody awaiting trial in a murder case until he was freed in June has filed a lawsuit against the Government seeking millions in damages for the agony, trauma,  humiliation and financial losses he suffered during the ordeal.

He is 31-year-old environmental warden  Nicholas Gordon of a Kingston 12 address who was employed the Jamaica Social Investment Fund.

The defendants are Police Corporal Ozel Stewart and the Attorney General.

Gordon was charged on the basis that the deceased, Michael Britton, also called 'Stay Alive' and 'Bling Bigs', of Jones Town in Kingston, had given a dying declaration to his aunt while being taken to hospital in February 2016 that it was Gordon who shot him.

During intensive cross-examination by senior attorney-at-law Anthony Williams, the main witness for the prosecution disclosed that in the first statement that she, on the day her nephew was shot and died, did not tell the police that he gave a dying declaration.

Headlines Delivered to Your Inbox

Sign up for The Gleaner’s morning and evening newsletters.

She also said in court that she did not tell the police about a dying declaration.
 

However, Williams explained today that a copy of the first statement was only given to the defence after the Crown closed its case and he had already cross-examined the witness.

Gordon was freed in the Home Circuit Court after Justice Leighton Pusey upheld a no-case submission by Williams and attorney Shadae Bailey that the statements were contradictory.
 

Today, Williams said he was still querying where the first statement was all this time, despite the many appearances Gordon made in court over eight years.

He said the truth was revealed only when he asked the witness under cross-examination “how many statements did you give to the police?”

Gordon is seeking special damages of $4.8 million which include loss of earnings and legal expenses.

The claimant is also seeking damages which include false imprisonment, malicious prosecution and exemplary damages.

Williams, who represented Gordon at his trial, filed the lawsuit on Gordon's behalf on November 14 in the Supreme Court.

Gordon is contending that Corporal Stewart failed to conduct proper investigations and unlawfully and without reasonable cause arrested him.

In his particulars of claim, Gordon outlined the horrible and deplorable conditions under which he had to survive while in custody at various police station lockups.

- Barbara Gayle