Police Identification Parade failed…

Sophia murder accused Sherwin Smith, freed
JUSTICE Roxanne George, the presiding Judge in the Sophia Murder trial, yesterday freed murder accused Sherwin Smith on a defence no-case submission on the ground that the one-man ID Identification failed and there was no other evidence to prove that the accused was the killer of Terrence Anderson.


Anderson was shot to death at Sophia on December 7, 2006 by an armed robber attired in a stocking mask who, while still masked, robbed Anderson’s reputed wife Gilshan Bess of $60,000.
The woman said that the stocking mask was stretched out over the face of the robber, giving her an opportunity to identify the person if she sees him again.
Before the police could have arranged an Identification Parade, the woman – who is the star witness for the prosecution – was invited to La Grange Police Station where she saw an injured man sitting on the prisoners’ bench.
Without being asked anything, she blurted out: “This is the very man who shot my husband at Sophia and robbed me of $60,000.”
The man, Sherwin Smith, still wearing the bloody bandage on the head, was two days later placed on an ID parade at another Police Station among nine men,(none of the others with a head bandage).
The witness, who picked out the man at La Grange, was called and she again picked out Smith who pleaded: “I am innocent”.
Smith was subsequently charged with murder.
At his trial before the jury, his lawyer Mr. Peter Hugh objected to the prosecution tendering  the evidence in relation to the ID parade and the other  identification at La Grange.
Justice George conducted a voir dire (a trial within a trial) to determine the issue, which resulted in the findings of the judge that the identifications were faulty and, there being no further incriminating evidence, the judge had no alternative than to direct the jury to return a formal verdict of not guilty of murder.
In discharging the accused, the judge told him that he alone knew what happened that night and whether he had anything to do with the death of Terrence Anderson.
The prosecution was conducted by Miss Konyo Sandiford, in association with Miss Zamilla Ally.

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