By Shermain Bique-Charles
The case against a former top cop accused of shooting a man with the intention of killing him has been dismissed.
The judge-only trial of retired Assistant Superintendent of Police Everton Francis ended with Justice Colin Williams upholding a ‘no case’ submission made by lead defence attorney Sherfield Bowen.
Justice Williams ruled that Francis had no case to answer because the prosecution’s case had failed to convince him to convict the defendant.
Bowen had argued that the Crown’s case was weak and was discredited by cross-examination, and that no judge sitting alone could safely convict upon what had been presented.
On December 23 2018, Francis was arrested for allegedly shooting Kyle Maxima, after he reportedly saw Maxima lurking outside the home of another resident around 11pm on December 20.
An altercation between Francis and Maxima apparently ensued and the cop, who was a licensed firearm holder at the time, was said to have shot Maxima in the stomach. He was subsequently charged with shooting with intent to murder.
Wendel Robinson, the second attorney in the matter, told Observer, “The Crown always has an opportunity to appeal but even if the case is retried, I cannot see Francis being convicted.
“I am confident that even if they do appeal, there would not be a difference.”
Robinson added that Bowen must be commended for the handling of the matter.
This is the second time Francis, of Bolans, was prosecuted for shooting someone.
In 2010, Francis was convicted of unlawful wounding after shooting a man who posed no threat to him. That incident took place in 2007.
At the time, the officer alleged that the man attacked him with a cutlass and he was merely defending himself.
However, the evidence at trial proved otherwise. The man was left confined to a wheelchair for life and Francis was ordered to pay him $250,000 in compensation.