A St Ann man sentenced to forty three years in prison for a gun crime he allegedly committed is out after four years following a ruling by the Appeal Court.He is Kirk Dyce, labourer, of Runaway Bay, St Ann. Dyce’s sentences were to run concurrently meaning at the same time, so though they added up to 43 years it was unlikely he would have spent more than 15 years in prison.Last weekend he was released after attorney Oswest Senior Smith presented arguments in the Appeal Court against the conviction and sentence and won. Mr Senior Smith appeared with his junior Ayana Royes in the Appeal Court Monday where he presented his arguments on behalf of Dyce.The prosecution was to respond on Friday, having filed their response the same week. However in court Friday, the prosecutor intimated she was constrained to concede that the trial was unfair that she could not challenge the arguments put forward on behalf of Dyce and asked that the conviction be quashed and the sentence set aside.Hearing the appeal were: President of the Court Justice Seymour Panton, Hilary Phillips and Almarie Sinclair- Haynes (acting).Dyce was sentenced in December 2011 following an incident in Kitty Cat night club in Salem/Runaway Bay St Ann, January 26, 2011.
It was alleged that Dyce and three other men had entered an event at the club and he brandished a gun and fired it at several persons. No one was wounded in the alleged incident but Dyce was arrested and charged with illegal possession of firearm, assault and discharging a firearm within 40 yards of a public thoroughfare.
At the trial there was an amendment to the indictment and Dyce was also charged for shooting with intent. Chief witness for the crown was the proprietor of the club, Ingrid Campbell who said she had identified Dyce and had been at the gate to the club when he entered. Dyce was represented by Stacey Earle and, when the shooting with intent charge was brought, Robert Brown, a senior attorney joined her in defense. Dyce said he was not even in the parish on the night in question and denied any involvement in the incident.
Justice Martin Gayle found Dyce guilty and sentenced him thus:
- 20 years for illegal possession of firarm
- 15 years for shooting with intent
- Five years for discharging firearm in a public place and
- Four years for assault
Dyce, who was from Spanish Town St Catherine and who, at the time had recently married to a St Ann woman.
He was sentenced to 43 years.However, his case was taken up by Oswest Senior Smith who made his case before the Appeal Court last week Monday. Senior Smith had several complaints or grounds for his appeal. He objected to the amendment to the indictment that was given to allow the charge of shooting with intent to be added, arguing that logically it would have been the first to be cited and that this was unfair to Dyce and would have embarrassed him in his defence. Senior Smith said no shooting with intent charge was made out by the evidence, questioning the evidence given that Dyce had pulled a gun and fired at about 15 people in a crowd at the club and yet no one was harmed and there was no impact on the walls.
Mr Senior Smith in his appeal also questioned the prejudicial statements made by the chief Crown witness and argued that the learned judge, Mr Justice Ellis did not demonstrate in an open way, or on the record that he identified such statements and dismissed them as such. Senior Smith represented that Campbell describedDyce as a criminal and even as member of the Clansman Gang. Also he stated that among other things the witness had stated, in an outburst that the accused man was a killer. Mr Senior Smith raised other objections about the case pointing out that although the incident occurred January 26 police did not visit the scene until March 26, the very day police said they were called.
Further Senior Smith also questioned the severity of the sentences, pointing to the sentence for illegal possession which was greater than the mandatory sentence for the shooting with intent charge. He also questioned the appropriateness of the discharging a firearm charge.
On Friday the Prosecution led by deputy director of public prosecution Maxine Jackson said they would not contest the appeal.
The conviction was quashed, the sentence set aside and Dyce freed.
