Antonio McIntosh (Appellant) v The King (Respondent) (Jamaica)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

JCPC/2025/0056

Jurisdiction

Jamaica

Parties

Appellant(s)

Antonio McIntosh

Respondent(s)

The King

Issue

Is the fresh evidence admissible and, if so, should Mr McIntosh’s appeal against conviction be allowed?

Facts

On 21 October 2016, the Appellant, who was then 60 years old, was convicted of possession of a firearm and wounding with intent. The trial judge found that, at an event on 2 April 2016, the Appellant shot Rupert Broderick, who was hosting that event. The incident occurred sometime after a physical altercation between Mr Broderick and another man, known as “Scatta”. The trial judge relied on statements by Mr Broderick and his girlfriend, both of whom identified the Appellant as the shooter. The Appellant contended that he left the event before the shooting and returned only after he heard a loud noise. The Appellant was convicted and sentenced to 18 years’ imprisonment at hard labour. In 2019, the Appellant applied to the Court of Appeal of Jamaica for leave to appeal against conviction. He also appealed against the sentence. The application and the appeal were both unsuccessful. In early 2020, apparently having learned of the Appellant’s conviction, a man made a statement to a Justice of the Peace. He stated that he was the DJ at the 2 April 2016 event and that he witnessed a young man, aged around 18, shoot Mr Broderick. He further states that he gave a report of the incident to two police officers the day after the event and that he was not asked to give evidence at trial. The Appellant now applies for permission to appeal against conviction to the Judicial Committee of the Privy Council. The Appellant relies on what is described as recently identified eyewitness evidence which was either not available at trial to any party or possibly available to the prosecution at trial but not disclosed to the defence.