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Father says he went to son's rescue

arrest them will learn their fate on November 19.After submissions from defence counsel Juan Woolfe and prosecutor Inspector Kenrick James, the case came to a close yesterday.

arrest them will learn their fate on November 19.

After submissions from defence counsel Juan Woolfe and prosecutor Inspector Kenrick James, the case came to a close yesterday.

However the final day of the trial was not spared a healthy dose of controversy.

Defence counsel Elizabeth Christopher refused to continue and newly instructed Mr. Woolfe walked out of the court room after Magistrate Edward King initially refused to grant an adjournment to allow him to get better prepared.

In the end Mr. King recanted and adjourned the proceeding over the luncheon period so that Mr. Woolfe could prepare a defence for his client Richard Smith.

Seventeen-year-old Justis Smith, of Deepdale Road East, Pembroke, -- who has been charged with the premeditated murder of 17-year-old Canadian visitor Rebecca Middleton this summer -- has denied assaulting Det. Con. Lendra Davis and Det. Con. Clinard Burgess on February 1.

Rick Meens, the father of Middleton's friend Jasmine Meens, watched most of the proceedings from the gallery.

Smith has also pleaded not guilty to obstructing Police officers, violently resisting arrest, and using offensive words near the junction of Parson's Road and Deepdale Road in Pembroke on the same day.

Smith's father, Richard Smith, was also charged with assaulting Det. Con.

Burgess and Det. Con. Barry Richards, and violently resisting arrest on the same date.

Initially Ms Christopher was appearing for both men but at the last hearing defence lawyer Archie Warner joined the defence team.

Yesterday it emerged that Ms Christopher was no longer acting for both Smiths and Mr. Woolfe appeared for Richard Smith.

Justis Smith declined to give any evidence in the case, but his father Richard Smith took the stand.

He said he was on his way home when he saw his son in the midst of a scuffle with three or four other people. Smith said the lights from his car illuminated his son's face.

"I thought it was some guys in the neighbourhood engaged in a fight with my son,'' he said. "I drove past so that the rear of my car was in line with them.

"I parked the car and jumped out and went around and gripped this person off my son.'' Smith said he did not know who the person, who was in street clothes, was.

"I pulled him around and pushed him up against my car. I said nothing to this Police officer. Someone came from my left and said: `Police.' "I looked and recognised one of the Police officers I knew he was a Police officer. I released the fellow I was holding.'' Smith said he did not say anything to any of the people in the entire ordeal.

He said at the time there was no need to find out if they were Police officers.

"It is possible that had I known they were cops I would have acted differently,'' he said.

Earlier, Ms Christopher refused to take part in the proceedings.

She said:"Bearing in mind that my client faces far more serious issues in the Supreme Court, if is unfair for these proceedings to go forward.

"We are unwilling to compound the error by this trial proceeding.

"It is our position that the (Middleton murder trial) should be dealt with first. It is our position that it is a grievous error that this trial has continued today. We are not willing to further compound that error.

"It is impossible to bear both these matters in mind contemporaneously and defend him properly in this trial...we advise the court on behalf of Justis Smith that we will not be participating any further in this trial.'' That decision bought to a close a series of attempts by the defence to have the proceedings put off.

Mr. King denied each application, saying the recent admissions by Smith's co-accused, Kirk Mundy, had more far-reaching effects than this trial could.