Two of five men accused of murdering a Farm Town resident earlier this year, triggering a riot in the community, were freed in the St Ann’s Bay Resident Magistrate’s Court on Friday after a no case submission filed by their lawyer was upheld by the court.

The two men – Dennis Gayle, 60, and his son Dwayne, 31 – were handed over to the police by their attorney on Friday after their names were released on the St Ann police’s most wanted list at a press conference on August 2, and a $250,000 reward offered for their capture.

The men were immediately arrested and charged with the murder of Ryan Whitehorn, who was shot in Farm Town on February 1, 2006 and later died in the St Ann’s Bay Hospital.

“The men were taken before the court and based upon the evidence, their lawyer made a no case submission, which was upheld,” Senior Superintendent of Police Ray Palmer in charge of the St Ann Police Division told the Sunday Observer.

“A similar submission was made on the behalf of the other three men but it was only upheld in relation to the Gayles,” he further explained.

Two of the three men, Erroll Smith and Anthony Brown of Brompton, Trelawny, were remanded in custody, while the third, Xavier Lewis of Woods Town in St Ann, was granted bail. The matter returns to court on August 15.

“The press conference is the sole reason for them turning in themselves because that was mentioned in court,” Palmer said.

He said he did not know the exact basis on which the no case submission was made, even as he pointed out that the men were charged based on a ruling made by the Director of Public Prosecution.

The Farm Town killing sparked three separate days of protest in the usually quiet district as residents vented their anger after the police released Gayle, who was held for questioning after the death of Whitehorn.

The police said at the time that Gayle’s lawyer had filed a writ in the St Ann’s Bay RM Court, forcing the release of the suspect.

Yesterday, Palmer told the Sunday Observer he had not had any reaction from the residents to the court’s ruling.

He, however, urged the residents to allow the justice system to do its work.

“I want to urge the citizens of Farm Town to obey the law and have patience,” he said, “because although these two men have been freed there are three others in custody and it is going to be based on the evidence presented to the Court at the end of the day.”

He said the residents needed to understand the system and know that justice has not been denied.

“It is not like justice has been denied, because it is the fact that all five men were arrested, taken before the Court where the matter is being heard,” Palmer said.

Residents had accused the police of being tardy in their investigations, thus allowing the suspect to flee.

During the violent protest, Gayle’s home, liquor store, bar and two motor vehicles were torched by angry residents.

One resident told the Observer then that Gayle aroused suspicion as he and Whitehorn had an ongoing dispute.