Defence lawyers yesterday made another no-case submission in the trial of Superintendent Harry Daley.

The senior cop is accused of collecting protection money from the complainant, Tafari Clarke.

After hearing from defence witness, Dwayne Lennon, the complainant's cousin, the submission was made. Lennon, who testified on Monday and was recalled because the defence argued that it had not been given the chance to fully question him, testified that Clarke had offered to get him to migrate with him. He said Clarke told him the process was complete and everything was going according to plan. He said when he asked Clarke if he was involved in the trial, he laughed and said "me nuh tell yu seh a me inna control."

no evidence

Defence attorney Valerie Neita-Robertson, argued that the prosecution had not proven there was extortion and had presented no evidence of a threat by the accused man. She said there was no basis for the assertion or inference that the money paid by Clarke was extortion or protection money. She said the prosecution's case was based solely on Clarke's evidence and he cannot be trusted. She also told the court the evidence offered by both Justices of the Peace - that the money was merely the repayment of a loan - had not been challenged.

She said the court must decide whether the money taken from the accused at the sting operation was extortion or protection money and added that there can be only one verdict, and that is one of not guilty.

In response to the defence's submission, Deputy Director of Prosecutions, Dirk Harrison, said the " prosecution has put forward a case dubbed the trial of the quintessential corrupt cop." He said the accused, being a public servant, corruptly accepted $15,000 from the complainant for doing an act in the performance of his public function, to offer protection to Clarke and his premises which were under threat.

He said June 30 and the videos which were captured on that day are the turning point in the case. In an exhibit shown to the court, the complainant was heard telling the accused he had received a call from Terry [the alleged terrorist from whom Clarke was seeking protection], who had told him that " like how u boss nuh deh bout, yu haffi sen on." In response to this, the accused man told the complainant, "Tell him seh a me him fi call." He said he "runs" the area and regarding Terry, he said, " If him want gunshot, tell him fi [expletive deleted] around."

tape substantiates

Harrison said this tape substantiates the allegation that the accused was indeed providing protection for Clarke. He said the accused man's claim that he was drunk at that time is untrue. He also said on the day of the arrest, the accused said he was confused, hence his comments. He said evidence given by retired Senior Superintendent Dudley Bryan suggested that the accused man was never one to become flustered. He said on the day of the arrest, the accused seemed far from confused, and in fact, seemed "large and in charge" as he asked to speak with someone senior.

He said the prosecution dismissed the argument that the money was paid as part of a loan agreement, and the court should do the same.

The matter continues on November 18, when Resident Magistrate Judith Pusey will give her judgement.