Andre Kikivarakis was acquitted of the murder of Wayde Clarke after a police officer who was supposed to have been the prosecutor’s material witness failed to appear in Supreme Court yesterday.
The verdict came on day three of his murder trial.
Police Constable 802 Sean Ferguson was to have been the prosecution’s most important witness. However, Prosecutor Vernal Collie told the court that all attempts to get the officer to the stand since the trial began have failed.
“It appears that he is unwilling to attend court,” he said.
He said without Ferguson’s testimony the prosecution could no further with its case.
Justice Anita Allen told the jury that in light of the situation she had no choice but to direct them to return a verdict of not guilty.
However, she told the prosecutor that he should request a full investigation and report from the Commissioner of Police as to why a police officer would apparently refuse to make himself available, especially when he is aware that he is the material witness in a murder trial.
Source: Cara Brennen, The Tribune
