The two police officers who are accused of murdering a man and wounding another yesterday gave unsworn testimonies, in the so-called “death squad” murder trial, that they did not shoot anyone.

They both, however, testified that on the day of the incident, they were shot at by four gunmen. One of the policemen, Constable Collis Brown, told the court that he fired at the men, while the other, Corporal Roan Morrison, said he took “evasive action” when the shooting started.

“I did not shoot those men and I don’t know who shoot them,” Corporal Morrison said.

Constable Brown also refuted the evidence of the injured man, the main witness in the trial, who had testified that he had a conversation with Brown after he ordered him to get down on the ground.

“At no time did I exchange any words with (witness), or knew of him or used my M16 (rifle), which he said was a foot away from him, to shoot him,” Constable Brown testified yesterday.

Corporal Morrison and Constable Brown are being tried on murder and wounding with intent charges following an incident in which Phaebian Dinnal was fatally shot and another man injured on Windsor Avenue in May Pen, Clarendon, in February 2010.

Corporal Morrison is accused of killing Dinnal, while Constable Brown is accused of injuring the other man.

The policemen testified from the dock yesterday after Justice Jennifer Straw had thrown out a no-case application that was brought by defence counsels.

Both officers testified that on February 13, they received information that men were robbing and extorting people on Windsor Avenue. They said that they called for back-up and proceeded to the location with their M16 rifles, where they saw four men fitting the description received.

Constable Brown told the court that he shouted “police” and, in a quick glance, saw when two of the men pulled weapons from their waistbands and fired at them.

Brown said: “I then put my training into action by making myself the smallest target and throw myself on the ground and returned fire.”

The corporal, for his part, said after seeing the men, he got out of his motor vehicle and moved towards them and that immediately, there was a rapid exchange of gunfire and he took “evasive action”.

He also corroborated the main witness’ testimony that there was a third officer in the car on the day of the incident.

Both policemen also testified that after the shooting subsided, they saw two men who they rushed to the May Pen Hospital where one was pronounced dead and the other admitted for treatment.

Earlier in the day, their lawyers had argued that the prosecution had not presented definitive evidence to show that their clients are guilty of the offences.

Attorney Norman Godfrey, who is representing Brown, argued that there was no evidence, ballistic or otherwise, before the court showing how Dinnal was killed.

Godfrey also argued that the main witness’ testimony was riddled with inconsistencies, which should not be used to come to any finding adverse to the accused.

Meanwhile, attorney Vincent Wellesley, who is representing Morrison along with Althea Freeman, argued that there was no eyewitness account of how Dinnal was killed as the main witness had testified that when the shots were fired he was lying face down on the ground.

He also argued that the Crown had failed to create a nexus between his client and Dinnal’s death.

“The witness made mention of a third officer but no one knows if the deadly bullet came from his gun,” he argued.

In reply, the prosecution, led by Ann-Marie Fuertado-Richards, said the Crown had presented two versions of what reportedly occurred via the main witness and the evidence of Sergeant Balvey Thomas, who had reported what the police had told him that they came under fire and fired back at four gunmen.

However, she said that on the main witness’ account, self-defence does not arise. She also argued that both officers should be charged with the two offences as the evidence suggested that there was common design between them.

The trial will resume today in the Home Circuit Court, where the defence will make its closing address.