Sun | Jan 22, 2017

Bail denied!

Published:Friday | September 21, 2012 | 12:00 AM

Barbara Gayle, Justice Coordinator

Supreme Court judge turns down St Thomas cop's application

SUPREME COURT Judge Lloyd Hibbert, in turning down a bail application for the policeman accused of the murder of a pregnant woman, referred to allegations that he was dragging her to the extent that she fell.

The crown opposed bail for 33-year-old Corporal Dwayne Smart when he appeared on Wednesday in the Home Circuit Court.

Justice Hibbert ordered that there should be an early trial date in the case. The judge referred to allegations that a policeman said he was "appalled" when the accused pointed his firearm at him.

He has been remanded to return on October 16 when it is expected the defence will get additional documents in the case.

Smart's lawyer said on Wednesday that the policeman was under attack when he fired his gun.

He is charged with the murder of 27-year-old Kay-Ann Lamont. She was eight months pregnant when fatally shot on September 1 in Yallahs square, St Thomas.

Acting assistant director of public prosecutions Sasha Marie Smith, in outlining the allegations, said the deceased was talking to one of her cousins and, during the conversation, used expletives.

Resisted arrest

Corporal Smart held her to take her to the police station and the deceased resisted arrest. The acting assistant director of prosecution said the woman fell to the ground and the accused fell on top of her.

They regained their footing and an explosion was heard. She said one witness said the accused had both hands on his firearm, pointing at the deceased, and fired a shot, causing injury to the deceased.

Smith said Constable Moncrieffe said as he approached the accused, he pointed his firearm at him, and Moncrieffe said he became fearful. She said it was district Constable Smart, brother of the accused, and another policeman, who had to implore the accused to hand over the firearm. She said at no time was the accused under attack from anyone.

Attorney-at-law Valerie Neita Robertson, who is representing Smart, said there was evidence to show he was under attack. She said he had an exemplary record and was involved in community relations. She said most of the witnesses were family members of the deceased and were not independent witnesses.

She pointed out that there were "bits and pieces" in each statement that Smart was attacked by persons in the crowd.

Neita Robertson said the accused's uniform was ripped in more than one place and the police had the uniform as evidence.

"Our case is that he was mobbed and, in those circumstances, the firing of his firearm was the only way he could secure himself," said Neita Robertson.

She said because of the large gathering, other policemen were unable to go to his assistance.