KINGSTON, Jamaica — In a decisive ruling at the Corporate Area Criminal Court on Thursday, St Andrew real estate developer Devon Evans was acquitted of all criminal charges stemming from a 2008 property transaction. The case, which involved allegations of fraudulent conversion and obtaining money under false pretenses, concluded after the prosecution’s evidence unraveled under judicial scrutiny.
The controversy centered on the sale of a townhouse to Dr. Loyd Goldson, who had paid a substantial deposit exceeding US$400,000 and taken possession of the property. The core allegation asserted that Evans failed to transfer the registered title to Dr. Goldson following the transaction. Additional claims suggested Evans had withheld rental income from a separate townhouse in which Dr. Goldson held a financial interest. These complaints prompted an investigation by the Jamaican Fraud Squad, leading to criminal charges against Evans.
However, the trial took a dramatic turn during cross-examination by Evans’ legal representative, King’s Counsel Peter Champagnie. Through rigorous questioning, significant inconsistencies emerged in Dr. Goldson’s testimony. A critical revelation indicated that Dr. Goldson was aware prior to his deposit that the property was under a lien from the National Commercial Bank, legally preventing Evans from immediately transferring the title. Furthermore, evidence demonstrated that Evans had, in fact, remitted all disputed rental income from the second property to Dr. Goldson, directly contradicting the allegations.
Presiding Chief Parish Judge Chester Crooks highlighted that the credibility of the prosecution’s case was severely compromised by these inconsistencies, creating what he described as a ‘state of uncertainty.’ The defense successfully argued that the dispute, involving contractual and ownership complexities, was inherently civil in nature and did not warrant criminal prosecution. This verdict not only exonerates Evans but also underscores the critical distinction between civil contractual disputes and criminal fraud within the Jamaican judicial system.