BARBARA GAYLE, Staff Reporter

A man nicknamed "Lucky" was really lucky to have been a patient at the Spanish Town Hospital, St. Catherine on the night he was accused of shooting a man in St. Catherine because that led to his release from prison.

Shawn Anderson , 24, barber, of Windsor Heights, Central Village, St. Andrew who was serving 20 years for wounding with intent and illegal possession of firearm was freed this month by the Court of Appeal.

He had been in prison since he was convicted and sentenced in September 2006.

Attorney-at-law Valerie Neita Robertson submitted before the Court of Appeal that the trial judge should have freed Anderson based on his alibi. She said the judge erred when he said the evidence in relation to the time when the complainant was shot had room for error and went on to analyse that the incident must have taken place before 9 p.m.

She pointed out that Anderson in his alibi had produced records from the hospital to prove that he was registered at the hospital at 9.01 p.m. on February 21, 2005 and was suffering from a gunshot wound to his hand.

She pointed out that the Crown's case was that the complainant was shot at his home in Constant Spring, St. Andrew at 9.30 p.m. on February 21, 2005 and the complainant had telephoned 119, immediately after he was shot.

In his defence, Anderson said he left his workplace on the Washington Boulevard at about 8.30 p.m. on February 21, 2005. He said he took a bus to Central Village. When he got off the bus in Central Village, he was walking on a dirt track towards his home when he was shot. He said some of his friends hired a taxi and took him to the hospital where he was treated.