Two cases brought by the Independent Commission of Investigations (Indecom) against five police men were thrown out  in the St. Catharine Parish Court today (May 8).

One of the policemen, Shawn Pennington, was facing the court on a murder charge, while four others: Constables Dumar ducally, Leeshawn Billings, Noel Ingram and Davion King were before the court, charged with discharging their firearms in a public place.

The cases against the officers were dismissed because of the recent ruling from the Court of Appeal, that Indecom did not have the legal authority to arrest or prosecute police officers.

In the matter of the murder charge, attorneys-at-law Christopher Townsend and Pierre Rogers successfully argued before Parish Judge Tara Reid-Carr that the matter must be discontinued, after a response from the Indecom the judge yielded to the defence’s submission.

The judge said that after perusal of the recent ruling she was convinced that the matter has to be thrown out. She told Pennington that a no-order has been made in his matter and that he was free to go, which drew applause from some in the court room.

Meanwhile, the court was told that the Director of Public Prosecution may pursue the matter.

Pennington’s appearance in court arose from an incident where a man was shot and killed in Point Hill District.  He was later charged by the Indecom with murder.  It was his second appearance in court on the matter.

Meanwhile, in the case of discharging a firearm in a public place, the judge in freeing the policemen upheld legal submissions from defence lawyers Townsend and Rogers, in relation to the Appeal Court ruling that Indecom had no power to arrest nor prosecute the officers.

It was alleged that the constables were at a party in Crescent District, St. Catherine in January 2016, when firearms were fired in celebration of a song that was being played.

When the gun salute ended, it was discovered that a patron Romeo Marks of Crescent was shot and later died.

Indecom investigated the shooting incident and   the four policemen were charged in December 2016. They were granted bail pending the outcome of the case.

The policemen who were attached to the police traffic division, made several appearances in the St. Catherine Parish Court until today when they were freed.

It was reported that no one was charged in connection with Marks’ death as there was no evidence to link anyone in connection with the fatal shooting.

Mr. Townsend told Irie FM News that this was a double blow for Indecom.