The jury retired for more than three hours and freed District Constable Sylford Williams of the murder of 23-year-old labourer Richard Williams, also called 'Truie', who was shot dead at a boat factory at 102 Spanish Town Road, Kingston.
Detective Constable Rohan Blackwood and District Constable Milton Elliston, who were charged jointly with Sylford Williams, will have to face a retrial because the jury failed to arrive at a verdict.
no trial date
Blackwood and Elliston are on bail and have been ordered to return to court next week Friday when a trial date will be set.
In addressing the jurors, attorney-at-law Ravil Golding, who represented Sylford Williams, said his client should be freed because there was no evidence that he participated in the murder.
The Crown, represented by Deputy Director of Public Prosecutions Caroline Hay and Crown Counsel Sharon Milwood Moore, alleged that on June 8, 2001, Richard Williams, who worked at the boat factory, was beaten and then fatally shot by Blackwood.
The Crown alleged that Richard Williams was killed in cold blood and there was a common design by the men to commit the act.
main witnesses
One of the main witnesses for the Crown was Daphne Miller, the mother of Richard Williams, who testified that she witnessed the incident. The witness testified that Sylford Williams was at the factory gate at the time Richard Williams was shot.
In their defence, the policemen said that when they went to the factory on the day of the incident, Richard Williams was armed with a gun.
Blackwood said he and Richard Williams were engaged in a struggle and they both fell to the ground. During the struggle, Richard Williams pulled a firearm from his waist and fired a shot. Blackwood said his own firearm fell and rounds were discharged from the weapon. He said Richard Williams got up and began to run towards the entrance of the factory and he saw when Sergeant Derrick Bailey fired three shots from his M16 rifle and Richard Williams fell.
Bailey's statement
Bailey could not be located and the defence applied to the court for Bailey's statement to be tendered in evidence. In the statement, which was read to the jury, Bailey said he saw Richard Williams going towards him while he was at the factory gate. Richard Williams had a gun in his hand and Bailey fired three shots and Richard Williams fell.
The policemen all denied shooting the deceased and relied on Bailey's statement to prove their innocence.
Queen's Council Norma Linton and attorney-at-law Diane Jobson represented Blackwood, while attorney-at-law George Soutar represented Elliston at the three-week trial. Justice Kay Beckford presided.
barbara.gayle@gleanerjm.com