Janice Allen Case – DPP Has Option To Re-indict Acquitted Policeman

On April 14, 2000, a 12 year old girl – Janice Allen – was shot and killed in what the police said was a shoot-out between the police and gunmen in Trench Town, Kingston. A policeman, Constable Rohan Allen, was charged with murder, but was eventually freed in the Portland Circuit Court after the Prosecution offered no evidence against him (because evidence that was vital to the case was destroyed in a fire at the Denham Town Police Station). The Prosecution also said that a policeman to whom Constable Allen made a statement during the investigation was overseas and  unlikely to return to Jamaica.

Janice Allen’s mother (Millicent Forbes) however, sought judicial review of the verdict, which was turned down by then chief justice, Lensley Wolfe on October 1, 2004. Forbes then turned to the Full Court, but was again refused leave for a judicial review, after which she went to the Court of Appeal, which also turned down her request. So she then took the final available step – she took her appeal to the UK Privy Council.

In a surprising verdict that was delivered yesterday, the UK Privy Council dismissed Forbes appeal, but left the door open for the Director of Public Prosecutions (DPP) to re-indict the acquitted policeman. DPP Paula Llewlyn has reportedly stated that it will take some time for her to make a decision on the matter, as she will have to review all the facts of the case in extensive detail.

This is definitely one to watch.

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