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Not guilty of assaulting Police officer

unanimously acquitted two St. George's men who were charged with assaulting a Police officer with intent to do him grievous bodily harm.

Cheers and clapping reverberated through the court from family members seated in the gallery after the first not guilty verdict was announced.

Outside, a relieved Dexter Thomas Heyliger, 33, and Sinclair Michael Smith, 28, chose not to comment when prompted by The Royal Gazette .

Heyliger, of Anchorage Lane, was also acquitted of driving while impaired and refusing to take a breath test.

The officer, P.c. Joseph McRonald, said he was "totally disgusted'' with the jury's verdicts.

"I'm not sure what the Crown is going to do,'' he said. "There is a possibility that it will be appealed.'' Mr. Philip Perinchief, who represented both men for the duration of the two week trial, said the unanimous not guilty verdict on each count sent a clear message that the jury did not believe the Crown's version at all.

"It's an indictment against their case,'' he said.

Puisne Judge the Hon. Mr. Justice Meerabux spent almost three hours instructing the jury on the law.

He explained the assault charges grew out of an incident on February 25, 1994.

An off duty Policeman P.c. Joseph McRonald was on his way home from work at the Somerset Police Station around midnight, when he saw Heyliger driving erratically on Middle Road just past Warwick Academy School.

However, two different accounts emerged about what happened next.

P.c. McRonald said he told Heyliger to pull over, and arrested him on suspicion that he was driving while impaired.

But Heyliger testified that he was not driving erratically although he admitted that he did swerve because he attempted to throw a still lit cigarette out of the car window but it blew back inside.

The cigarette, he said, fell between his legs causing him to stop at a bus lay by to find the cigarette.

At that time he said no Police officer approached him although he did notice a white man near his window some time later.

Heyliger said he saw the white man grip Smith, of Cut Road, who came back to see why he had stopped, and he and the white man began to fight.

While attempting to separate the two men, Heyliger said the white man attacked him and he "dashed him to the ground''.

During the struggle, Heyliger said the white man identified himself as a Policeman for the first time.

Heyliger also denied driving while impaired and refusing to take the breathalyser test and was acquitted on both charges.

Both men were represented by Mr. Perinchief, and the Crown was represented by Mr. Peter DeJulio.