The acquittal came late this afternoon before Justice Adolph Lucas in the Supreme Court where Underwood had already been placed in the hands of a 12 member jury made up of 9 women and three men who were to decide his fate.

At the close of the prosecution's case, Elrington-Hyde submitted that the crown had not established that there was a case against Underwood, and that there was no evidence for to the jury to deliberate on. She asked Justice Lucas to order the jury to acquit her client based on those findings.

The judge agreed with her submission and directed the 12 member jury to return a verdict of not guilty against Underwood. Crown Counsel Shamilla Williams had several witnesses to call to testify, but they all did not show up, which included a key witness. With no evidence to present to the court, the prosecution closed its case, and immediately after, Elrington-Hyde made her submission. It is important to note that the defense attorney was able to get a key piece of evidence thrown out.

That evidence relates to a group identification which was done against the defendant's will. His attorney was able to sufficiently convince Justice Lucas that the method, in which the police conducted a group identification parade, violated the defendant's constitutional rights. Justice Lucas cited that no defendant can provide evidence against himself or herself in court. The accused, Underwood, had refused to be placed on an identification parade and despite his refusal, the police then placed him in an informal line-up, where the alleged main witness pointed him out as the culprit who she saw shoot and kill Faber. On June 20, 2009, at about 2:00 p.m., Jonathan Faber and Orin Michael were socializing out by the old Cemetery in the Yabra area. It was alleged Underwood approached them and began to fire shots in their direction.