CONSTABLE Dave Austin, who was in October 2005 charged with conspiracy to extort Kingston businessman Marvin Wong, was yesterday acquitted when he appeared in the Half-Way-Tree Resident Magistrate’s Court.

However, three other policemen and an ex-cop charged with the alleged extortion racket will have to wait until May 22 when the magistrate will decide if they have a case to answer.

Austin’s attorney, Dave Champagnie, yesterday made a no-case submission before presiding magistrate Judith Pusey, in which he stated that Austin, who is assigned to the Canine Division, was arrested only because he was with the group of policemen when the arresting officers swooped down.

Austin, according to Champagnie, had seen the other men – ex-cop Grantley Vickers and constables Omar Francis of the Motorised Patrol Unit, Kevin Thompson and Clarence Ducile of Denham Town Police Station and District Constable Ainsworth Williams – while travelling in the Red Hills community and began a conversation with them.

Austin’s innocence, Champagnie said, was compounded by the fact that his client had been on eight identification parades in relation to the matter but was never identified.

Furthermore, Champagnie argued that his client did not make any incriminating statements while under caution by the police.

Champagnie’s arguments were accepted by the prosecution attorney, Assistant Director of Public Prosecutions Tara Reid, who in turn recommended that Pusey acquit Austin of the criminal charge, which Pusey did.

The prosecution alleged that the policeman and ex-cop conspired to extort $2.5 million from Wong between January 17 and January 28 in 2003.