The Court of Appeal has overturned the conviction of a 34-year-old Valencia man who was serving a 25-year prison sentence for kidnapping and gun offences.In granting the appeal brought by Gerald Pamponette, of KP Lands, Valencia, the three appellate judges–Paula Mae-Weekes, Alice Yorke Soo Hon and Rajendra Narine–ruled on Wednesday that the judge at his trial misdirected the jury on a key point of law.
While quashing his conviction and sentence, the judges ordered Pamponette face a retrial for the offences.He was convicted before Justice Joan Charles and a nine-member jury in the Port-of-Spain High Court in February 2011.
He was accused of robbing taxi driver David Baker and his passenger, Joel Bailey, kidnapping Baker, shooting at the police with intent and being in possession of an illegal gun and ammunition.
Pamponette and an accomplice were alleged to have committed the offences on Cocorite Road, Arima, on June 29, 2004.After he was found guilty by the jury, Charles sentenced Pamponette to 20 years' hard labour on the kidnapping charge, 15 years each on the two charges of robbery, 15 years for the shooting offence and five years each on the charges of arms and ammunition.
He was represented in the appeal by Senior Counsel Sophia Chote and attorney Trevor Clarke while deputy Director of Public Prosecutions Joan Honore-Paul represented the State.