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Stabroek News

Flankers cops freed
published: Friday | July 21, 2006

Barbara Gayle, Staff Reporter

A 12-MEMBER jury deliberated for almost three hours yesterday before freeing the four policemen who were charged with the murder of two senior citizens in Flankers, St. James, on October 25, 2003.

Special Constable Metro McFarlane and constables Kadian Smith, Donald Thomas and Kevin Williams were freed after being on trial in the Home Circuit Court for five weeks.

Colleagues and friends of the accused men were delighted with the outcome of the case and defence lawyers said "justice was served."

Senior Deputy Director of Public Prosecutions Paula Llewellyn said: "The case was vigorously prosecuted. We had to work with the material that we had but in the final analysis it is for the jury to decide as supreme judges of the facts." The Crown called 31 witnesses and Crown Counsel Jeremy Taylor also appeared for the Crown.

ROADS BLOCKED

Shortly after the men were fatally shot, angry residents in Flankers blocked the roads protesting against the shootings. The Government has accepted civil liability for the deaths of the two men.

Justice Kay Beckford, in her summation to the jury which lasted for about three-and-a-half hours, told the jury that the verdicts open to them were guilty or not guilty of murder, or guilty or not guilty of manslaughter.

The police officers, including Woman Constable Bibzie Foster, were charged with the murder of 63-year-old taxi driver David Bacchas and 63-year-old newspaper vendor and chef Cecil Brown. Foster was freed last week Friday after Ms. Llewellyn offered no further evidence against her.

FIRE WAS RETURNED

Policemen, including Superintendent Derrick 'Cowboy' Knight and Superintendent Terrence Sancko who testified for the Crown, said that when the police party went to the Red Dirt area of Flankers about 3.30 a.m. on October 25, 2003, gunmen fired at the police party and the police returned the fire. They said that the motor car in which the two deceased and survivor Audrey Stephens were travelling, drove into the line of fire. They said they had gone to the area with a warrant for Christopher Hyman who was wanted for murder. They said two firearms and ammunition were recovered at the crime scene that morning.

Ms. Stephens had testified that as the car in which she was travelling drove past the front of a truck parked on the road, she heard gunshots. The judge in her summation reminded the jury that Stephens had said that the car did not drive into any shooting.

The four policemen in their unsworn statements from the dock said heavily-armed gunmen fired at them and they took cover and returned the fire.

Defence lawyers, in addressing the jury, asked the jury to free the policemen because the Crown's case and that of the defence were similar.

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