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News
By PAUL HENRY, Observer staff reporter  
April 1, 2007

Re-trial of ‘hero cops’ after hung jury

A jury in the recent murder trial of three policemen charged with fatally shooting Bull Bay, St Andrew “wanted man” Noel Barnes was unable to reach a verdict, setting the stage for a retrial in the Home Circuit Court.

Justice Gloria Smith instructed the cops, dubbed “heroes” by Bull Bay residents, to return to court on April 11 when the case will be mentioned. Their bails were extended.

Constables Kirk Nunez and Lerone Witter, both of the Elleston Road Police Station and District Constable Ukent Edwards were on trial for the August 27, 1999 death of Barnes, whom cops said was wanted for several murders, rapes, shooting and robbery in and around Bull Bay, St Andrew.

The accused gave unsworn statement that Barnes fired on them while they were searching for him in bushes in the Bito Bull Bay community at nightfall. Barnes was hit after the fire was returned. Barnes was hit four times to the face and elsewhere on the body and a handgun containing two spent shells and four live rounds taken from his hand, the court was told.

But the prosecution contended that Barnes was murdered. Swab tests done on the deceased’s hands failed to show any trace of gunpowder residue, and Dr M P Sarangi who performed the post-mortem testified that the state of the wounds to Barnes’ face indicated that the bullets might have have come from above.

He said that two shots to Barnes’ right hand appeared to be inflicted while the hand was in a right “blocking position”, making it impossible for him to be clutching a gun.

The Bull Bay residents who have been faithfully attending court during the trial, some protesting outside for the release of the cops, appeared dejected at news of the hung jury.

“I cannot believe that a set of jurors could go through all of this without finding them not guilty,” said one dumfounded resident.

One woman who said Barnes killed her common-law husband, Burnell Walters, 67, came close to tears as she noted that injustice was done against the cops.

But Lisa Palmer, acting senior deputy director of public prosecutions, said that the “jurors ought to be commended” as they gave “this matter due consideration”. Acting Crown Counsel Karen Seymour-Johnson, assisted Palmer in the trial.

The cops were represented by attorneys George Soutar, QC and Tom Tavares-Finson.

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