Defence lawyers in the trial of Superintendent Harry 'Bungles' Daley made a no-case submission in the Corporate Area Resident Magistrate's Court yesterday, claiming the prosecution had built a case fuelled by hype.
Attorney-at-law Valerie Neita-Robertson told the court that the money paid to Daley by itself did not constitute an extortion case.
She also complained that throughout the trial, there were subliminal messages in and around the court suggesting that her client was a dangerous man. She said it was part of an attempt to make the case seem a "certain way".
Neita-Robertson said the tapes presented by the prosecution did little to help its case and, in fact, assisted the defence more.
She said the prosecution had failed to prove that by collecting money to provide a service to the complainant, Daley had acted outside of legal parameters. She explained that police officers were legally permitted to contract out their services privately and could be paid for doing so.
The attorney also challenged the notion that Tafari Clarke, the complainant, was the legitimate owner of the plaza in question. She said Clarke lied to the court when he said he was the owner and further claimed that he had lied throughout most of the trial. She described him as a despicable, dishonest 'ginnal', who had evaded many of the questions put to him.
She said Clarke orchestrated the case against Daley so he could seek asylum overseas under the witness protection programme. She said he was afraid to live in Jamaica as he had 'snitched' on a convict in the United Kingdom, who was due in the island soon.
No grounds in law
Chief prosecutor Dirk Harrison, in the prosecution's rebuttal, said the defence's submissions were baseless, had no grounds in law and were not fit for a no-case submission.
Resident Magistrate Judith Pusey will make a decision regarding the no-case submission next Monday.
Daley was held by the police in July last year during a sting operation, shortly after he allegedly collected $15,000 in protection money from Tafari Clarke.
The Crown is alleging that Daley collected a total of $65,000 from Clarke between May 2007 and July 2008.