Jahmico Trott (Appellant) v The King (Respondent) (Bermuda)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

JCPC/2026/0007

Jurisdiction

Bermuda

Parties

Appellant(s)

Jahmico Trott

Respondent(s)

The King

Issue

(1) Did the trial judge give an improper direction to the jury in relation to the three two-component gunshot particles found on the appellant’s palms? (2) Should the jury have been discharged from giving a verdict in relation to count 3?

Facts

On 7 March 2018, the appellant was convicted of attempted murder, using a firearm to commit an indictable offence, and carrying a firearm with criminal intent. On 15 March 2018, the Court of Appeal of Bermuda allowed an appeal against the appellant’s conviction on the ground that the appellant’s counsel had failed to disclose that he had been in a sexual relationship with the appellant’s partner at the time of the alleged offence, which may have affected counsel’s advice not call her as an alibi witness. The appellant represented himself at the retrial. The Crown’s case at trial and retrial was that on 14 May 2017, Daniel Adams was at the house of his cousin, Marekco Ratteray. At around 6pm, a man knocked on the door. He was holding a gun and wearing dark clothes, a hood pulled over a baseball cap, black gloves, with a red scarf covering his face from the nose down. Ratteray and Adams fled the apartment, followed by the gunman. The gunman caught up with Adams and a struggle ensued, during which shots were discharged at Adams’ head. The gunman attempted to escape on a motorcycle, but he collided with a car, driven by Larenzo Ratteray, who described the appellant as 5’6” to 5’8” tall and of light complexion. The gunman abandoned his motorcycle and drove off on another vehicle parked nearby. The abandoned motorcycle was later found to have a significant number of three-component gunshot residue (GSR) particles. Swabs taken from the appellant’s hands following his arrest were found to have no three-component GSR particles. There were 2 two-component particles of GSR on the appellant’s right palm, and 1 two-component particle on the appellant’s left palm. The appellant’s defence was that he was not the gunman, and that he was at the home of his former partner. Ratteray’s evidence was that he recognised the gunman to be the appellant, whom he had known since he was 14 years old. Two additional counts were added to the indictment on retrial: intimidating a witness and bribery. The Crown alleged that on 22 July 2018, the appellant threatened or intimidated Ratteray and offered him $20,000 to recant or contradict his evidence. On 30 March 2021, the appellant was found guilty by a jury majority verdict (11-1) for the offences of: attempted murder (count 1), using a firearm to commit an indictable offence (count 2), carrying a firearm with criminal intent (count 3), and intimidating a witness (count 5). The appellant was found not guilty of bribery (count 4). The appellant was sentenced to a total of 30 years’ imprisonment. The appellant appealed to the Court of Appeal of Bermuda, which dismissed his appeal. He now appeals to the Judicial Committee of the Privy Council.