Constable accused of killing man freed after 13-year wait for trial

It took 13 years for Police Constable Donald Clarke to finally get justice when he was finally freed of a murder charge yesterday.

Prosecutors conceded that based on the evidence of the main witness, the Crown was unable to prove that the policeman was not acting in self defence.

Clarke was charged with the murder of Prince Henry who was fatally shot on December 2, 2009 in Riverton City, St Andrew.

The Director of Public Prosecutions (DPP) ruled in September 2011 that Clarke should be charged with murder.

The main witness, in his testimony in the Home Circuit Court, said he could not remember the date of the incident or the details surrounding the incident.

He said while he was in jail, police officers had taken him out and forced him to sign a paper.

It was alleged that the deceased, the main witness and other persons were involved in the scrapping of a stolen motor vehicle belonging to Clarke.

A car being driven by the deceased was later stopped by Clarke.

Clarke had given a statement to the police that upon stopping the vehicle, the deceased and the main witness alighted from the vehicle.

The deceased then pulled a firearm and fired at him.

Clarke said he returned the fire, the deceased ran and was later found suffering from gunshot injuries.

A firearm was recovered from the scene and Clarke's motor vehicle engine and car parts were found in the trunk of the deceased's car.

King's Counsel Peter Champagnie and attorney-at-law Samoi Campbell, who represented Clarke, explained the reason for the long delay in having the case tried.

They told The STAR today that the unavailability of the witness had resulted in the DPP entering a nolle prosequi in the matter some years ago, pending the availability of the witness.

They said when the witness was subsequently located, the case was brought back before the court.

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