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Free, After Four Years On Remand
posted (March 11, 2014)
35 year-old Ian Arnold was gunned down on Berkeley Street in 2010, and today the man accused of killing him 22 year-old Kirk Smith was allowed to go home a free man after he was acquitted of murder.

Crown Counsels Kayshia Grant and Shanice Lovell prosecuted the case, and after Justice Lucas allowed for submissions, Smith's attorney, Bryan Neal argued on behalf of his client that he had no case to answer.

After careful consideration, Justice Lucas agreed with him and directed the jury to return a not-guilty verdict - leaving Smith to go free after three and half years on remand. A short while after the case was completed 7News spoke with Neal outside of the court room, and he explained the details of his no-case submission:

Bryan Neal, attorney
"This morning the judge had invited submissions from both defense counsel and the persecution as to whether this case ought to go to the jury. I had maintain from the beginning and I had made submissions when the purported to identify him from the dock that there were not sufficient evidence that he could be so identified and finally the judge seems that he has come around to that position and in fact instructed the jury to withdraw the case and enter a not guilty verdict."

"He was charge for the murder of Ian Arnold which occurred on August 15th 2010, it was alleged that he was the gunman who chased into Berkeley Street, shot him and ran into the George Street area. The evidence came from one witness and there was no support for it, there was no corroborating witness and there was no DNA evidence, no forensic evidence and the evidence of the ID witness was weak and because it was unsupported it was not made to go to the jury. What I would add is that the judge always has that power to prevent a miscarriage of justice and this case was one of those cases. If that had gone to the jury, all the jury could have brought back, if they brought back a guilty verdict would have been a miscarriage of justice and that was prevented and we are happy for that."

Daniel Ortiz
"Now, tell us for how long your client has been on remand awaiting trial?"

Bryan Neal, attorney
"From 4 days after; from the 19th August 2010, so basically 3 and a half years basically he has been locked-up. I saw him disappear from the precincts of the court and jump in a car and went away. I am happy for him that he is free."

Neal told us that based on what has been placed before the court, he does not believe that the Office of the Director of the Public Prosecution will attempt to appeal the outcome.

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