Father of three freed by court of appeal

| 27/11/2014

(CNS): A West Bay man who had been jailed for four years after he had been convicted of shooting at another man over a missing cap, has been acquitted by the court of appeal, largely as a result of the contradictory evidence given at trial. Shane Bodden a father of three walked free last week when the high court quashed the conviction which they said was not safe and overturned the jail term which was handed down by a visiting judge in February this year. Meanwhile, Nik Kerr who had pleaded guilty to wounding and received a five year sentence managed to get that jail time cut to four, after arguing on his own behalf, that the judge had not taken into consideration all of the mitigating factors in his case.

Bodden who was represented by Fiona Robertson, from Samson McGrath had been found guilty of possession of an imitation firearm as the police never recovered the gun that Bodden was alleged to have used or found any casings at the scene. A slight abrasion sustained by the victim was not confirmed as a bullet wound, so Bodden escaped what would have been a mandatory minimum sentence of ten years for possession of the weapon at the time.

Justice Carol Beswick had believed the witness, who said Bodden shot at him but he was able to duck the bullet, despite some significant inconsistencies. She had handed Bodden the lengthy jail term not least because of his rap sheet, as she said he seemed “determined to pursue acriminal career”.


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