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Attorneys decry cops’ decision to lay shooting charges against Jaii Frais, Jahvy Ambassador despite podcaster’s and music producer's duelling claims that they were acting in self defence
Defence attorney Isat Buchanan has raised concerns about what he describes as a troubling signal being sent by law enforcement following charges laid against popular podcaster Jhaedee Richards, more popularly known as Jaii Frais, in connection with Sunday’s shooting incident at a carnival afterparty in St Andrew.
Buchanan said the decision to charge his client risks discouraging Jamaicans from defending themselves in life-threatening situations.
“ …the message being sent to the public is that your options when it comes to protecting your life is to give your life so your family can bury you rather than protect yourself in a high-crime society,” Buchanan said.
His client, Richards, was on Friday charged with wounding with intent, shooting with intent, and possession of a prohibited weapon.
Richards has been in police custody since Sunday following a shooting incident at the ‘Big Wall’ party held at the Ranny Williams Entertainment Centre. The incident reportedly left three persons nursing gunshot wounds, including Richards.
Music producer and artiste manager Jahvel Morrison, better known as Jahvy Ambassador, has also been formally charged by police following a question-and-answer session with investigators late Friday.
Morrison, a licensed firearm holder, was slapped with three charges to include assault occasioning actual bodily harm, wounding with intent, and using a prohibited weapon to commit a felony.
The charges were confirmed by one of his attorney Richard Lynch, following the interview with police on Friday.
According to the Jamaica Constabulary Force, a dispute among patrons escalated into a gunfight about 9:30 p.m., during which two firearms were seized.
A VICTIM OF VIOLENCE
Buchanan, however, insisted that his client is a victim of violence who acted in circumstances that warrant careful legal scrutiny.
“He cannot feel good. He’s a victim. He was shot, he was boxed in the face and his face cut,” the attorney said, adding that the young man is “very sad” about the turn of events.
He further questioned what he sees as an inconsistency in how self-defence is treated, drawing comparisons with police accounts of fatal encounters.
“This is the same society that has to accept that police officers say they are engaging men, they are not taking any chances, and they employ what they say is anticipatory self-defence, and then they give the same press release to say that men would have either had a shootout or had a weapon and they were killed extrajudicially,” Buchanan expressed.
Buchanan, however, maintained that Richards is innocent and signalled confidence in the court process.
“The law coming from the Privy Council says that the circumstances of this case say that he is innocent. That is the position we are taking.
“And I am extremely happy that the matter is now going before a competent jurisdiction,” he said.
Earlier on Friday, Parish Judge Alicia McIntosh ordered that Richards be either charged or released by 6 p.m. following a habeas corpus application by his legal team in the Kingston and St Andrew Parish Court. Attorney Dondre Buchanan is also representing Richards
Richards was not present in court, and his attorney advised that he was taken for treatment in line with a previous order from the court.
According to the Lynch, Morrison remains “calm and in high spirits” as the matter moves forward through the court system.
Also apart of Morrison’s legal team are Sayeed Bernard and lead counsel Peter Champagnie, King's counsel.
“He anticipates that he will be vindicated when the time comes,” Lynch told The Gleaner.
The attorney also indicated that Morrison is maintaining that his actions were in self-defence.
A date for his court appearance has not yet been finalised.
Police say the probe into the incident is ongoing, with investigators from the Half-Way Tree Criminal Investigation Branch leading the case.
A date for Richards’ court appearance is to be announced.
tanesha.mundle@gleanerjm.com and andre.williams@gleanerjm.com