The case against a man accused of murder has been dismissed after a High Court judge ruled the prosecution failed to disprove his claim that he acted in self-defence.

Justice Ann Marie Smith upheld a no-case submission by defence attorney Andrew O’Kola in the murder trial of Dexter Scotland of Willikies, who had been charged in connection with the death of Jahfari Isaac, also of Willikies.

Isaac was shot during an incident at Willikies on June 4, 2023, and died at hospital nine days later on June 13th.

In his statement to police, Scotland said Isaac had a gun and that he fired at him three times after Isaac moved his hand toward his waist. Scotland acknowledged he was carrying an illegal firearm at the time and that he had approached Isaac.

The Crown challenged that account, pointing out that no weapon was ever recovered from Isaac and arguing that the circumstances surrounding the shooting suggested it was retaliatory in nature and that those were questions for a jury to determine. Prosecutors also contended that even if Isaac had reached toward his waist, it may have been Isaac who was acting in self-defence, given that it was Scotland who approached him while armed.

Justice Smith however sided with the defence, finding that self-defence had been sufficiently raised on the evidence before the court and that the prosecution had closed its case without producing evidence capable of disproving it. The defence had argued that the Crown proved only that a shooting occurred and not the circumstances under which it took place.

The prosecution has since given notice of its intention to appeal the ruling so Scotland will remain behind bars unless he obtains bail at the High Court.