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Autopsy: It was not murder

The murder inquiry into the sudden death of school caretaker Eugene Lloyd (Josh) Smith was called off last night after detectives discovered there was no foul play involved.

The dramatic twist came after two forensic experts from overseas arrived on the Island yesterday and carried out investigations into both Mr. Smith's body and the scene, and determined that he had not been murdered, as had at first been thought.

As a result, the five people arrested in connection with his death were released from Police custody last night.

Police said they had spoken to Mr. Smith's family and they were relieved that his death had not been at the hands of brutal killers.

But the dramatic turn around in the case could lead to Bermuda having a full-time forensic pathologist based on the Island to determine the cause of death in suspicious cases as soon as humanly possible.

Minister for Labour and Home Affairs Terry Lister said last night this case may have proved why Bermuda needed a forensic expert at hand and said he would look into the issue further.

The community was thrown into shock on Tuesday after news of Mr. Smith's death broke.

His bloody body was found behind Hamilton Parish Workmen's Club in Crawl at about 7 a.m. that day, and from visual evidence at the scene, detectives believed his death was suspicious.

The area was cordoned off and five young men arrested soon after. Mr. Smith, 57, who was known as Uncle Josh and worked at nearby Francis Patton Primary School, had been found in the garden behind the club with a severe injury to his head and face.

He had been drinking in the club the night before, but had not been seen after about 9.30 p.m.

But yesterday, it was revealed that the head injury was not the result of a fatal attack.

Assistant Police Commissioner Carlton Adams said yesterday afternoon: "Earlier today, an autopsy was performed on the body of Mr. Smith by forensic pathologist Dr. Valerie Rao.

"Following the completion of the autopsy and consultation with Dr. Rao, we are now of the view that Mr. Smith's passing was not as a result of a criminal act. The investigation will continue and a file will be prepared for the Coroner to facilitate an inquest at some future date."

Asked whether the Police felt relieved, he said: "Most definitely."

"I think the public has been greatly concerned about what Mr. Smith's death implied - if it (had been) the result of a criminal act - and I think all of Bermuda will welcome this news with some degree of relief. It means that this has not been yet another attack on an innocent citizen."

Mr. Adams said in every case of sudden or suspicious death, professional standards dictated that the circumstances be treated as murder, until the contrary was known.

He said the state of Mr. Smith's body, and the amount of blood at the scene, led the officers to act with some caution. But he said the evidence of Dr. Rao, along with reports from Sergeant Alan Richard, a blood splatter expert from the Royal Canadian Mounted Police, had removed the involvement of any criminal acts.

Det. Supt. Randolph Liverpool said the family had been notified yesterday.

He said: "They are very relieved and they are very satisfied with the Police action. They have commended us for the time we put into it and how professional we have handled the inquiry so far.

"They are very relieved that Mr. Smith had not met his death by any criminal act."

However, Police last night said they could not comment, at this time, on what had caused Mr. Smith's death, and whether it had been the result of an existing condition, or an incident on the night.

They said an inquest will be held when his cause of death will be revealed.

And asked by a member of the media about the "wrongful arrests" of the five men, Det. Supt. Liverpool said officers had acted within the law.

"Certainly, if we are investigating a serious matter of this sort, which is a felony, a suspected murder, we act within the laws provided to us within the Criminal Code," he added. "I would not agree with you about a wrongful arrest."

And Det. Supt. Liverpool thanked the community for assisting with the inquiry.

Mr. Lister praised Police last night for their hard work on the case.

"I'm very pleased that we have been able to get the assistance of forensic experts in such a timely manner," he said.

"Their assistance has been able to allow us to determine that no foul play actually happened. This is particularly satisfying given the warmth which people felt towards Mr. Smith.

"It's unfortunate that, on first look, it appeared that (foul play was involved). But, we are pleased to have the forensic experts to show the situation for what it truly was."

Mr. Lister said the Police threw their resources at the case and were prepared to get to the bottom of what had happened.

He added: "I personally feel that it's better to treat an incident as a possible murder and then find out that it was an accident, rather than treat it as an accident when in fact it was a murder."

Although Mr. Lister said he was very glad the forensic experts had arrived on the Island so soon, he did think that maybe this had made a case for Bermuda having its own experts.

He added: "Certainly, it does make a case for having a forensic pathologist because that expert can get us an answer quickly.

"It may well be something we will take up. I will have to look at it further and figure out what's the most sensible approach to take."

Mr. Smith's family could not be contacted last night for comment.