In the trial which started last week, Crown Counsel Trenia Young called 3 witnesses to the stand to testify against Domingo.

These witnesses, who gave the investigating officers important information which led them to Domingo, took the stand and told the court that they couldn't recall anything about August 29, 2007.

Crown Counsel Young attempted to show the court that the men gave the police statements, but when she confronted them with the statements, they either denied doing so, or they said that they couldn't remember.

When she realized that her witnesses would not cooperate, Crown Counsel Young closed her case.

Domingo's attorney, Dickie Bradley, then attempted to get the court to see the trial to the end and have his client acquitted by the jury.

This couldn't be done because the prosecution closed its case early, and as a result, Justice Herbert Lord was forced to direct the jury to return a not-guilty verdict. Bradley's reasoning for requesting this was that he wanted to head off any further attempts by the DDP's office to bring this charge back, just like they did in 2007, when it was struck out of Magistrate's Court.

Justice Lord gave this direction because there was no evidence presented which linked Domingo to the murder of Smart, and as a result, he was able to walk out of court a free man after 5 years of remand.

On August 29, 2007, 27-year-old Jermaine Smart was KILLED at the mouth of Fuller's Alley in front of New Choice Grocery, when two men approached him and opend fire.