A judge yesterday ordered a jury to find a suspended Police chief not guilty of theft ? but told the court in their absence that the officer?s actions appeared to be ?highly questionable?.

Det. Ch. Insp. Stuart Lee Crockwell walked from Supreme Court a free man after Puisne Judge Carlisle Greaves ruled that he did not have a case to answer.

His lawyer Charles Richardson said outside court: ?The judge has ruled. I agree with his ruling and now my client can get on with his life.?

The case had hung over Det. Chief Insp. Crockwell since February 2005 when he was first suspended from his job as head of the Island?s Serious Crime Unit pending the outcome of an allegation that he stole more than $35,000 after persuading his neighbour Andrew Bascome to go into business with him.

The pair set up Bascro construction company but in January 2005 Mr. Bascome began to query why the Policeman was asking customer Terry Darrell ? who had already paid $125,000 for the first phase of work being done on her house ? for another instalment.

Prosecutor Carrington Mahoney told the trial that unknown to Mr. Bascome and Ms Darrell, the 44-year-old detective, of Smith?s Hill, St. George?s, had used some of the $125,000 ? which had been deposited into Bascro?s Bank of Bermuda account ? for his personal benefit.

Mr. Mahoney alleged that Det. Chief Insp. Crockwell ? the sole signatory of the Bascro account ? withdrew $75,000 and deposited it in his own personal savings account at Capital G, using $15,000 to cover a bounced cheque, $8,338 to clear a Capital G Bank loan and $12,000 to pay off a credit card debt.

But Mr. Justice Greaves said that because the prosecution provided no evidence of how much was in the Bascro account before and after the $125,000 cheque from Ms Darrell was deposited it was impossible to say that it was those funds that Det. Chief Insp. Crockwell, who denied the theft charge, had used. Mr. Mahoney said that fact ought not to have an effect on the judge?s ruling. ?It?s established that $125,000 was put in. Seventy five thousands dollars of that $125,000 was removed into his personal account.?

But Mr. Justice Greaves said: ?What?s to say he didn?t have $250,000 in that bank from which he took $75,000? I have found not one scintilla of evidence establishing what was the balance of the Bascro account at the Bank of Bermuda immediately prior to the depositing of the $125,000 cheque or even thereafter.

?I think this is crucial to the case. There was no evidence that he had no money in that account. I think the absence of that balance at the Bank of Bermuda at that time is fatal to the prosecution?s case.?

Mr. Justice Greaves told the lawyers that his decision that there was no case to answer had been a difficult one to make. He said: ?It appears obvious that Ms Darrell at least has suffered some wrong in this case and that Mr. Crockwell?s actions appear to be highly questionable but in the circumstances I...think I must err on the side of the defendant. The result may not be favourable to the complainant but it seems she will now have to seek her remedy in the civil arena.?

He called the jury in and told them that because of the absence of a particular piece of evidence the prosecution had not satisfied its case and they must formally acquit Det. Chief Insp. Crockwell of stealing $35,338. A Police spokesman would not comment yesterday on whether the officer would be reinstated.