Derrick Duval Binns walked free from Supreme Court yesterday after a judge refused to allow some prosecution evidence and ordered the jury to enter a not guilty verdict.

Assistant Justice Charles-Etta Simmons instructed the nine woman, three man jury to acquit Binns, 34, of wounding Basil Hassell with intent to disfigure him, and burglary at a house in Cambridge Road, Sandys, on December 29, 2001.

The ruling came after five days of legal argument when Crown counsel Vinette Graham-Allen and Binns' lawyer Craig Attridge jousted over what evidence could be admitted.

Mr. Hassell, 65, testified last week that two men brutally attacked him during the burglary in the early hours of the morning, however he did not identify the assailants.

He told the jury he was “fighting for his life” as the men beat him up and demanded money.

Last June, Roddelle Lightbourne was jailed for eight years when he admitted wounding Mr. Hassell with intent to disfigure him and burglary.

Mrs Justice Simmons told the jury yesterday: “As a result of legal rulings I have made in this case, the Crown has no further evidence to offer.

“For that reason, I am directing you to enter a verdict of not guilty on both counts on the indictment.”

Moments earlier, Mr. Attridge had asked Mrs Justice Simmons that there was no case to answer.