LAST Tuesday, nearly 13 years after being charged with manslaughter in connection with the death of 22-year-old Terry Wayne Jack, Police Constable Cleon Moriah was found not guilty.

Following the submission of a nolle prosequi by the Director of Public Prosecutions (DPP) at the outset of Moriah’s trial on Tuesday, Judge Jo Ann Barlow of the Berbice High Court directed the jury to render a formal verdict of not guilty, therefore freeing the accused.

Nolle prosequi is a Latin and a legal term meaning “we shall no longer prosecute”.
In criminal cases, the entry of nolle prosequi is essentially a voluntary dismissal of a case.

This publication understands that in addition to the death of the prosecution’s key witness, Jack’s mother had asked for the case to be withdrawn because Moriah is close to her family.

Attorney-at-Law Kevin Morgan defended Moriah, while State Counsel Muntaz Ali appeared for the prosecution.

The interdicted policeman had been out on $300,000 bail pending the hearing and determination of his trial.

According to reports, between 15:00hrs and 22:00hrs on July 4, 2011, Moriah, who was working at the Orealla Police Station, was imbibing at a nearby shop with Jack and three other friends.

When the lights at the business went out, they proceeded to the Orealla Police Station and continued to drink vodka.

Around 23:00hrs, Jack requested Moriah to show them a gun while they were at the station, and he pulled out a rifle without a magazine and displayed it to them.

Jack, who was supposedly drunk at the time, held the gun’s nuzzle and challenged Moriah to pull the trigger as he (Moriah) showed them all of its features.

When Moriah refused, Jack reached over and squeezed the trigger as Moriah pulled away the rifle. Jack and Moriah had no idea that the gun contained a bullet.
Jack was shot to the left side of his chest and was later pronounced dead.