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Judge instructs jury to find attempted murder defendants not guilty

Two men were found not guilty of attempted murder yesterday after the victim refused to attend court and another witness said he could not recall the incident.Puisne Judge Carlisle Greaves ordered the seven man, five woman jury to find Jah’mico Trott, 23, and Dunn-yah Taylor, 22, not guilty of all charges after the Crown offered no evidence.Both Mr Trott and Mr Taylor had been charged with the attempted murder and unlawful shooting of David Godwin.Mr Trott alone was accused of using a firearm to commit the offence of attempted murder and carrying a firearm in a public place.Both defendants maintained their innocence.The court heard that Mr Godwin had refused to attend the Supreme Court trial despite a subpoena, and had only offered the police a single witness statement, which he refused to sign.A warrant for Mr Godwin was issued, but police were unable to locate him in order to bring him to the trial.Crown counsel Susan Mulligan said in her opening statement that Mr Taylor loaned his bike to Mr Trott on September 3, 2010, the day the shooting took place.She alleged that an unknown man drove the vehicle to Mr Godwin’s Marsh Folly Road, Pembroke home, with Mr Trott riding pillion.Ms Mulligan said Mr Trott opened fire while the victim was walking in his yard.It was the second time that Mr Godwin had been shot in the same location.Ms Mulligan said several people were in the area at the time of the event, but only one witness was willing to offer a statement.She said the witness, who cannot be named due to a reporting restriction, texted the licence plate number of the vehicle used in the shooting to a friend.She said he later picked Mr Trott out of a line-up as the gunman, but was unable to identify the driver of the vehicle.She said the witness took the stand later in the morning and said he could not recall the day of the shooting.Speaking very quietly despite repeated requests to be louder, the witness said he remembered making a statement but didn’t remember what he said in it.He also refused to read the statement, saying it would not help him remember because “it was so long ago”.Asked if he had been approached by members of the Parkside gang, he again responded that he could not recall.Ms Mulligan requested that she be allowed to treat the witness as hostile and have him read his statements.Mr Greaves ruled against it, saying it was not fair for the burden of the case to be left to one witness when the complainant himself refused to testify.“He refused to turn up and there is no evidence that he is not alive.I cannot see, therefore, how it leads to justice in this case to force this witness to stand up for him,” Mr Greaves said.“If this had been a case where the victim was not alive, I would have allowed the application.”After that decision was made, the Crown offered no evidence against either defendant, leading Mr Greaves to instruct the jury to find the defendants not guilty.Leaving the court, Mr Trott smiled as he hugged friends and family.Asked for his reaction to the verdict, he said: “I’m happy to be free. There is a God above. The right verdict was made.”