Murder conviction overturned on faulty ID evidence

A man who had been serving a life sentence for murder had both his murder and firearm convictions quashed after the Court of Appeal ruled that the prosecution's case rested on unreliable identification evidence that should not have survived a no-case submission.

The appellate court in a recently published judgment set aside Reid's convictions for murder, illegal possession of a firearm, and wounding with intent arising from a fatal shooting in August Town on October 26, 2018, and entered judgments of acquittal on all three counts. 

The panel of judges comprising Justice Korna Shelly-Williams, Frank Williams and Vivene Harris found that the trial judge failed to adequately scrutinise the prosecution's sole eyewitness identification before rejecting the defence's no-case submission, rendering the convictions unsafe.

"We have concluded that, given the tenuous nature of the identification evidence, the no-case submission should have been upheld.”

They noted that the trial judge, having ruled that there was a case to answer, did not thoroughly analyse the identification evidence, especially the inconsistencies in the witness's identification testimony.

As a result, they said, "The appellant was denied the protection meant to
prevent wrongful convictions based on unreliable identification."

Reid had appealed his conviction and sentences in December 2021 and was given permission to appeal his conviction. The hearing began in 2023 and, in April 2025, his attorney made an application to deduce fresh evidence which pertains to the eyewitness claim that he was pressured into giving false evidence.

The hearing was conducted and, in December of last year, the court refused the application and ultimately set aside the convictions.

Reid had been convicted in the Circuit Court Division of the Gun Court in December 2021 and sentenced to 20 years' imprisonment for illegal possession of a firearm, life imprisonment with eligibility for parole after serving 20 years for murder, and 30 years at hard labour for wounding with intent. The sentences were ordered to run concurrently. 

The prosecution's case rested almost entirely on the evidence of the eyewitness, who was shot and left permanently paralysed during the attack that claimed the life of Carlye Grant. 

The court heard that the eyewitness and friends were on Barrett Street in the August Town community when a motor vehicle stopped nearby. The eyewitness testified that he saw Reid exiting the vehicle armed with a silver handgun and wearing a handkerchief that covered the lower half of his face. 

He said he froze for between 15 and 20 seconds as the gunman pointed the weapon at Grant before firing several shots. Grant was later found dead with multiple gunshot wounds at 41 August Town Road. Irving was also shot during the attack. 

Although the eyewitness said he recognised Reid, whom he had known for more than 12 years, the Court of Appeal found significant shortcomings in the identification evidence. 

The judges noted that the trial judge correctly warned himself, in keeping with the principles in R v Turnbull, that even honest and convincing witnesses can make mistakes in identification. However, they said he failed to explain why he accepted Irving's identification despite the assailant's face being largely concealed. 

The court questioned how the eyewitness could have identified features such as an "oval face" when the lower portion of the gunman's face was covered. 

It also pointed to inconsistencies concerning the assailant's hairstyle and height, noting that the hairstyle described by the witness differed from the police photographs of Reid. 

The judges further observed that the eyewitness’ opportunity to observe the gunman lasted only seconds and occurred under highly stressful circumstances. 

Reid's defence had challenged the identification evidence and maintained that he was babysitting at his brother's house when the shooting occurred. Relatives supported the alibi and testified that the physical features relied on by Irving, including eye shape and complexion, were shared by several male members of the family. 

The Crown however argued that the eyewitness had known Reid for more than a decade and had ample opportunity to recognise him despite the face covering, submitting that the identification evidence was sufficient to support the convictions. 

The Court of Appeal also considered an affidavit in which Irving later sought to recant his identification, claiming he had been threatened by gang members into falsely implicating Reid. 

While rejecting the affidavit as "incapable of belief", the judges said it nevertheless underscored the weakness of the prosecution's case, which depended almost exclusively on Irving's identification. 

Finding that the identification evidence had not been sufficiently analysed by the trial judge, the court ruled that the no-case submission should have been upheld. It therefore quashed the convictions, set aside the sentences and entered judgments of acquittal on all counts. 

Melrose Reid represented the appellant, while Lenster Lewis-Meade and Luke Cook appeared for the Crown.

tanesha.mundle@gleanerjm.com