A Home Circuit Court jury has freed 24-year-old student Lionel Atkinson, of Olympic Gardens, Kingston 11 of the murder of a 24-year-old man after conflicting statements were given as to how he was stabbed.
The Crown led evidence at the trial that Joseph Mangol, of Woodpecker Avenue, Kingston 11, was fatally stabbed on May 21, 2004.
Atkinson and Ricardo Allen, of Olympic Gardens as well were charged with Mangol's murder.
Allen was freed yesterday after Justice Kay Beckford upheld a no-case submission after the Crown closed its case.
Defence lawyer Ernest Davis argued that, based on the evidence presented by the Crown, Allen could not have been the person who stabbed Mangol.
Another testimony
Charmaine Wright testified that, on the night of the incident, she saw Allen stab Mangol once in the region of the back.
The post-mortem reported Mangol died as a result of two stab wounds to the chest. There were also eight incised wounds to the body.
Fiona Bonner testified that the deceased was her child's father and, about 7:30 p.m. on May 21, 2004, they were on their way to a shop in Olympic Gardens. She said it began to rain and she sheltered at a nearby shop. She said Mangol continued walking to the shop and while he was in the vicinity of the shop, she saw when Atkinson stabbed him twice.
The witness said she knew Atkinson for 19 years and she went to where he was and asked him why he stabbed her baby's father. She said Atkinson, whom she knew as 'Charlie', stabbed at her and then ran away.
Atkinson gave an unsworn statement denying being involved in any stabbing incident.
Defence lawyer Diane Jobson, who represented Atkinson, in addressing the jury said the witnesses for the prosecution were not credible because there was only one incident and the witnesses gave two different versions. She pointed out that, from the evidence, only one man confronted the deceased and stabbed him, but one witness said it was Allen, while the other said it was Atkinson.
No identification parade
The jury retired for 30 minutes and freed Atkinson.
Justice Beckford pointed out that, although the witnesses had given the police only alias names for the men, no identification parade was held.
barbara.gayle@gleanerjm.com