By Barbara Gayle, Staff ReporterDISTRICT CONSTABLE Norman Smith, attached to the Greater Port-more police station, wept openly in court Tuesday after he was freed of the murder of 22-year-old André Fearon of 8 Manatee Way, Braeton, St. Catherine.
DC Smith was freed after Justice Kay Beckford upheld a no case submission made by attorney-at-law Eme Usim that the fragments of bullets found in the body were not fired from the DC's firearm.
The Crown did not call the ballistics expert, but following an application made by Mr. Usim, the ballistics expert should be called because his
evidence was vital to his client's case. The judge said that in the interest of justice she "is calling the ballistics expert".
The ballistics expert said he received fragments of bullets taken from the body of the deceased. He conducted tests and found that they were not fired form the M16 rifle that was assigned to the DC Smith .
After the Court closed its case, Mr. Usim made the no case submission.
The judge upheld the submission and directed the jury to return a formal verdict, freeing DC Smith.
Smith and a group of policemen went to the Portmore Shopping Mall about March 15, 2002, where a report was made to them that four men had stolen liquor and other goods from a store. DC Smith held one of the men. After that, he and other policemen went in pursuit of the other three men who were seen running behind the supermarket.
Smith gave a statement in which he said that the deceased pulled a firearm from his waist and fired at him. He said he fell to the ground and fired three rounds from his M16 rifle.
The Crown was represented by Assistant Director of Public Prosecutions Georgiana Fraser at the trial in the St. Catherine Circuit Court.
