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Man cleared of Southside Cinema shooting

A 25-year-old Pembroke man accused of attempted murder has walked free after spending more than three months behind bars. Charges have been dismissed against Kinte Upcombla Smith.He had been charged alongside Jahmel Blakeney and Sanchey Grant, of shooting Shaki Minors and his girlfriend Renee Kuchler as they left Southside Cinema on November 13, 2009.Mr Smith’s lawyer Mark Pettingill last night said his client was “delighted” with the dismissal “and looking forward to moving on to something positive with his life”.Mr Smith was charged on March 14 with two counts of attempted murder, plus possession of a firearm and possession of ammunition, following his extradition from Canada.After two further appearances in Magistrates’ Court, his case was joined with Mr Blakeney’s and the Crown applied for a Voluntary Bill of Indictment to include Mr Grant as well.The bill was granted by Puisne Judge Carlisle Greaves. He quashed it on June 14 after Mr Smith’s counsel challenged it.Mr Pettingill successfully argued at a short form inquiry in Magistrates’ Court before Senior Magistrate Archibald Warner on Wednesday, that there was no evidence capable of supporting the charges against Mr Smith.It was submitted that: “Even the conjecture does not go as far as suggesting that Smith had even a supporting role in the shooting or possession of a firearm, and there is no physical evidence, ie GSR [gunshot residue], fingerprints or DNA that form a nexus of connection between him and the gun allegedly used in the offence.“There are no witnesses or statements or admissions that tie Smith to the offence in any way.”Mr Pettingill said of the dismissal: “The family are delighted. They’re a close family and his mother has stuck by him all this time. I’m very happy for them all.”