Man walks free of serious criminal charges; second time around for him
A man identified as David Clarke was recently acquitted of charges of illegal possession of firearm, illegal possession of ammunition, wounding with intent, robbery with aggravation, rape and grievous sexual assault.
The development comes five years after Clarke sued the Government and was awarded a sum of $6 million in compensation. This was following a case in which he was arrested in 2011 when the police alleged that he was found in possession of an M16 rifle magazine with 20 rounds of ammunition.
He was, however, acquitted in 2014 because of the testimony of a soldier who said he found the magazine in bushes.
In the latest case prosecution called a total of three eyewitnesses who testified that a group of men armed with a gun entered their house at about midnight in the Riverton City community and robbed them of several personal items and household appliances, including money, a refrigerator and a television set.
It is alleged that during the robbery, a female resident was sexually assaulted by the men, and when the latter act was ended, the men left, but two subsequently returned and shot a male occupant of the dwelling.
A formal report was made to the police, which led to Clarke being charged and subsequently put before the Home Circuit Court for trial.
In cross-examination of the witnesses by Clarke’s attorney, Able-Don Foote, they all agreed that they were blindfolded throughout the incident, with one witness agreeing that he could not see who removed the items from the dwelling.
Another witness agreed that there was nothing special or unique about Clarke’s voice which would assist in identifying him as one of the assailants.
The witness further admitted that he had discussed the case with the other witnesses, and they were able to read over each other’s statement to the police.
Foote submitted that the witnesses had been discredited and contaminated, and Senior Puisne Judge, G Frazer, acquitted Clarke of all the charges against him, as he was not identified as one of the assailants.