Businessman Cleared in Gun Court Over Tivoli Gardens Police Shooting Allegation

A 37-year-old businessman accused of trading bullets with police in Tivoli Gardens, Kingston, has been cleared in the Gun Court. Neil Anderson was freed on Tuesday after Justice Leighton Pusey accepted a no-case submission from his defence team.

Anderson had been before the court on charges of shooting with intent and possession of a prohibited weapon. The case arose from a November 11, 2023 incident in which police alleged that he and other men fired on them after a high-speed pursuit ended in the West Kingston community.

At trial, three police witnesses said that about 5:30 p.m. they followed a Toyota Hiace bus into Tivoli Gardens. According to their evidence, Anderson and seven other men left the vehicle and began shooting at the police.

The court was told that an exchange of fire followed. When the gunfire ended, Anderson was discovered on the ground with gunshot injuries to his head. He was later taken to Kingston Public Hospital for treatment before charges were laid against him.

Evidence was also given that the Toyota Hiace had different registration plates at the front and back. However, the court heard that investigators found no spent shells at the location except those connected to the police. Testimony further indicated that, despite the alleged shooting taking place in an open field, neither the police service vehicle nor the Hiace bus showed any bullet damage.

Under questioning by the defence, the police witnesses accepted that they could not identify any of the other alleged gunmen said to have been travelling with Anderson. The court was also told that no gun was seized.

Defence attorneys Peter Champagnie, King's Counsel, and Sayeed Bernard argued that the police had no lawful basis to shoot Anderson. They also submitted that the level of force used against him was excessive.

Anderson denied wrongdoing from the start of the proceedings. His attorneys, pointing to what they said were serious weaknesses in the Crown's evidence, asked the court to find that there was no case for him to answer.

Justice Pusey agreed with the submission and entered not-guilty verdicts on all counts.