‘Juss Buss’ freed of murder charge, eyewitness credibility crumbles
Tyrick Phillips, also known as "Juss Buss," was cleared of murder and gun charges today after being singled out by a police constable as the shooter in the execution-style killing of a man three years ago.
Phillips, of Adelaide Street in Kingston, was freed of murder and illegal possession of firearm and ammunition on Friday in the Gun Court after Justice Carolyn Tie Powell upheld a no-case submission.
Defence attorneys Paul Gentles and Danae Reid successfully dismantled the prosecution's identification evidence during his trial in the Gun Court.
Phillips had been charged in connection with the December 2021 murder of 50-year-old Orville Squire, otherwise called 'Indian', of McWhinney Street in Kingston.
Squire was standing along Victoria Avenue in Kingston 16 when a motorbike approached.
The pillion rider disembarked and opened gunfire, hitting Squire in the head.
He was rushed to hospital, where he was pronounced dead.
Following investigations, Phillips was apprehended and later positively identified by a police officer as the pillion rider who carried out the shooting.
However, Gentles said that the quality of the sole eyewitness' observation was seriously undermined during cross-examination by the defence.
"In fact, the quality and reliability of that observation were destroyed," he said.
He noted that the officer wavered between observing the shooter for two and five seconds, and that the period of observation was too brief for him to adequately identify his client, especially in circumstances where he was unknown to him before.
Additionally, Gentles said the police witness' description of the shooter was vague and lacked critical details.
As such, the defence was able to cast serious doubt on the reliability of the identification.
"Thirdly, and most importantly," Gentles added, "the investigation failed to establish any proper nexus between the accused and the offence. There was no concrete reason or evidentiary basis offered for his apprehension."
According to him, based on the fluctuating testimony of the eyewitness, the absence of a clear investigative link, and the unreliable identification, Justice Tie Powell accepted the defence's no-case submission.
The judge then handed down a formal verdict of not guilty against the defendant.
- Tanesha Mundle
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