The Court of Appeal yesterday acquitted a man who had been sentenced to 48 years in prison for murder, ruling that his case should have been withdrawn from the jury at the close of the prosecution's case. Jason Marshall was convicted last April of the 2005 shooting death of Fabian Joffer.

A jury accepted the prosecution's contention that Marshall shot Joffer following an argument at a party on Major Road in Yellow Elder Gardens. Witnesses alleged that Marshall returned with a 9mm pistol and shot Joffer. Prosecutors said that Marshall's flight from the country to the United States by illegal means was evidence of his guilt. Marshall was deported from Philadelphia, Pennsylvania, in February 2011. He was arrested in Philadelphia for assault after he got into a fight with another man on October 2, 2010.

At the trial, his attorney argued there were three men called Jason at the party and investigators had failed to establish which Jason was responsible for the shooting, as they did not hold an identification parade.
Ramona Farquharson represented Marshall on appeal.

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