Judges of the Court of Appeal have frowned on the tardiness in the justice system which led to a 56-year-old man waiting in prison for three years before his appeal was heard yesterday.
Carl Williams, the appellate, wept when he heard the Court of Appeal order that he should be released immediately from prison.
Williams wrote to the president of the Court of Appeal, Justice Seymour Panton, last week outlining his problem. He told The Gleaner after he was released that he was surprised when he was told this week that he was going to court.
He was sentenced to five years' imprisonment on July 12, 2006, after he pleaded to charges of obtaining $900,000 by means of false pretence.
He was due to be released from prison in December this year. One-third of a prisoner's sentence is deducted for good behaviour.
Williams, who worked at Kingston Wharves, had collected the money from two men by falsely pretending that he could purchase motor cars for them. Senior Resident Magistrate Judith Pusey sentenced him after he pleaded guilty.
Records never sent
Williams, who was represented by attorney-at-law Keith Jarrett at his trial and on appeal, had given notice that he was going to appeal against the sentence. However, the records of his case were never sent to the Court of Appeal Registry.
The Court of Appeal, comprising Justice Panton, Justice Howard Cooke and Justice Dennis Morrison, heard the appeal.
In handing down the ruling, Justice Panton called for resident magistrates to make every effort to submit records of appeal promptly.
He said no good excuse could be offered by a resident magistrate, clerk of the court or the court administrator for not submitting the records after a person had pleaded guilty and was sentenced.
The court stressed that Williams should not have had to wait for three years before his appeal was heard. The court said his appeal was allowed against the sentence and was reduced in a manner for his immediate release.
Williams also told The Gleaner that there were several other inmates in prison who were waiting for years for their appeals to be heard.
barbara.gayle@gleanerjm.com